Texas 2025 - 89th Regular

Texas House Bill HB4534 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 89R15299 RDR-F
22 By: Metcalf H.B. No. 4534
33
44
55
66
77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to death benefits provided under certain police officer
1010 retirement systems.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. The heading of Section 6.05, Chapter 452 (S.B.
1313 738), Acts of the 72nd Legislature, Regular Session, 1991 (Article
1414 6243n-1, Vernon's Texas Civil Statutes), is amended to read as
1515 follows:
1616 Sec. 6.05. DEATH OF A MEMBER; TREATMENT OF ACCUMULATED
1717 DEPOSITS; LUMP SUM DEATH BENEFITS.
1818 SECTION 2. Section 6.05, Chapter 452 (S.B. 738), Acts of the
1919 72nd Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's
2020 Texas Civil Statutes), is amended by amending Subsection (c) and
2121 adding Subsection (d) to read as follows:
2222 (c) In the event of death of a retired member [receiving a
2323 retirement benefit], the sum of $10,000 shall be payable in a lump
2424 sum to the retired member's beneficiary or, if no beneficiary, to
2525 the retired member's estate, unless the retired member shall have
2626 directed otherwise in writing, duly acknowledged and filed with the
2727 board. The payment under this subsection shall be made from the
2828 [retiree] death benefit [benefits] fund described in Section 6.08
2929 of this Act.
3030 (d) In the event of the death of a member who dies as the
3131 direct and proximate result of a personal injury associated with a
3232 single event and sustained in the performance of a member's
3333 employment duties with the police department of the city, the sum of
3434 $1,000,000 shall be payable in a lump sum to the member's surviving
3535 spouse, or if the member has no surviving spouse, to the member's
3636 surviving children. If the member has no surviving spouse or
3737 surviving children at the time of the member's death, the benefit
3838 provided under this subsection shall be payable to the member's
3939 estate. If a member has more than one surviving child that is
4040 entitled to the benefit provided under this subsection, the benefit
4141 shall be split equally between each of the member's surviving
4242 children. The payment under this subsection shall be made from the
4343 death benefit fund described in Section 6.08 of this Act.
4444 SECTION 3. Section 6.08, Chapter 452 (S.B. 738), Acts of the
4545 72nd Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's
4646 Texas Civil Statutes), is amended to read as follows:
4747 Sec. 6.08. [RETIREE] DEATH BENEFIT FUND. (a) The police
4848 retirement board shall establish a [retiree] death benefit fund and
4949 shall deposit in such fund contributions paid by the city to provide
5050 [retiree] death benefits in accordance with this section. The
5151 board may, but is not required to, credit interest to the [retiree]
5252 death benefit fund annually at such rate as the board may determine.
5353 (b) The police retirement system shall pay death benefits
5454 under Sections [Section] 6.05(c) and (d) of this Act only from money
5555 in the [retiree] death benefit fund, and the benefits are not an
5656 obligation of other funds of the retirement system.
5757 (c) Based upon the recommendation of the system's actuary,
5858 the board shall adopt such rates and tables as are considered
5959 necessary to determine the [retiree] death benefit fund
6060 contribution rate of the city. At the same time as the actuary
6161 makes a valuation of the assets and liabilities of the system
6262 pursuant to Section 3.09 of this Act, the actuary shall also make an
6363 actuarial valuation of the assets and liabilities of the [retiree]
6464 death benefit fund, and upon recommendation by the actuary, the
6565 board shall adjust the rates and tables for the [retiree] death
6666 benefit fund.
6767 (d) If at any time the amount of payments due from the
6868 [retiree] death benefit fund exceeds the balance of such fund, the
6969 board may direct that funds be transferred from the general
7070 retirement fund to the [retiree] death benefit fund in such amounts
7171 as are necessary to cover the deficiency. Any sums transferred to
7272 the [retiree] death benefit fund under this subsection shall be
7373 repaid to the general retirement fund of the retirement system from
7474 the death benefit fund with [at such time as] subsequent
7575 contributions by the city on a schedule and in a manner determined
7676 by the system [have resulted in the accumulation of a sufficient
7777 amount in the retiree death benefit fund for such a repayment] to be
7878 [appear] prudent. The actuary of the system shall adjust the rates
7979 and tables described in Subsection (c) to reflect this repayment.
8080 (e) Contributions by the city to the [retiree] death benefit
8181 fund shall be made at the same time as the city makes its
8282 contribution to the retirement system under Section 8.01 of this
8383 Act, and the amount of the city's contribution under Section 8.01 of
8484 this Act each pay period shall be reduced by the amount of the
8585 city's contribution to the [retiree] death benefit fund for that
8686 same pay period.
8787 SECTION 4. This Act takes effect immediately if it receives
8888 a vote of two-thirds of all the members elected to each house, as
8989 provided by Section 39, Article III, Texas Constitution. If this
9090 Act does not receive the vote necessary for immediate effect, this
9191 Act takes effect September 1, 2025.