By: West S.B. No. 1527 A BILL TO BE ENTITLED AN ACT relating to the administration of, contributions to, and benefits under the public retirement systems for police and firefighters in certain municipalities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 2.01, Article 6243a-1, Revised Statutes, is amended by adding Subdivision (3-a) to read as follows: (3-a) "Actuarially determined contribution rate" means for any city fiscal year, the city contribution rate: (A) expressed as a percentage of members' projected aggregate computation pay for the fiscal year; and (B) actuarially determined in accordance with Section 4.02 of this article. SECTION 2. Article 6243a-1, Revised Statutes, is amended by adding Section 2.026 to read as follows: Sec. 2.026. ADMINISTRATIVE REQUIREMENTS. (a) As a public retirement system within the meaning of Section 802.001, Government Code, the pension system is subject to and must comply with Chapter 802, Government Code. (b) Any plan or rule adopted under former Section 2.025 of this article: (1) may not be implemented; and (2) is unenforceable. SECTION 3. Article 6243a-1, Revised Statutes, is amended by adding Section 3.014 to read as follows: Sec. 3.014. CITY AND BOARD APPROVAL REQUIRED FOR CERTAIN ACTIONS. Notwithstanding any other provision of this article, the following actions must be approved by the board and the city council if, as a result of taking the action, the action will result in an increase in the pension system's liabilities: (1) the settlement of any lawsuit by the board; (2) any proposed increase to benefits by the board, including any adjustment under Section 6.12 of this article; and (3) any changes to actuarial assumptions under Section 2.02 of this article, including the current discount rate. SECTION 4. Section 4.02, Article 6243a-1, Revised Statutes, is amended by amending Subsection (d) and adding Subsections (d-1), (e-1), (f), (g), (h), and (h-1) to read as follows: (d) Subject to Section 4.025 of this article, the city shall make contributions to the pension system biweekly using an actuarially determined contribution rate with a five-year step-up period beginning October 2024. Subject to Subsections (e-1) and (f) of this section, the actuarially determined contribution rate for any given city fiscal year is the sum of the following as determined in the actuarial valuation for the plan year preceding the fiscal year: (1) an established 30-year closed amortization amount with five-year step-up and no step-down for the unfunded actuarial accrued liability and administrative expenses, determined based on the January 1, 2023, actuarial valuation, as shown in the following fixed dollar schedule, divided by the members' projected aggregate computation pay for each city fiscal year: City Fiscal Year Amortization of January 1, 2023 Unfunded Actuarial Accrued Liability Administrative Expenses Total Fixed Dollar Amount City Fiscal Year Amortization of January 1, 2023 Unfunded Actuarial Accrued Liability Administrative Expenses Total Fixed Dollar Amount City Fiscal Year Amortization of January 1, 2023 Unfunded Actuarial Accrued Liability Administrative Expenses Total Fixed Dollar Amount Ending Amortization of January 1, 2023 Unfunded Actuarial Accrued Liability Administrative Expenses Total Fixed Dollar Amount Ending Amortization of January 1, 2023 Unfunded Actuarial Accrued Liability Administrative Expenses Total Fixed Dollar Amount Ending Amortization of January 1, 2023 Unfunded Actuarial Accrued Liability Administrative Expenses Total Fixed Dollar Amount September 30 Amortization of January 1, 2023 Unfunded Actuarial Accrued Liability Administrative Expenses Total Fixed Dollar Amount September 30 Amortization of January 1, 2023 Unfunded Actuarial Accrued Liability Administrative Expenses Total Fixed Dollar Amount September 30 Amortization of January 1, 2023 Unfunded Actuarial Accrued Liability Administrative Expenses Total Fixed Dollar Amount 2025 $161,656,000 $7,000,000 $168,656,000 2025 $161,656,000 $7,000,000 $168,656,000 2025 $161,656,000 $7,000,000 $168,656,000 2026 $179,482,000 $7,000,000 $186,482,000 2026 $179,482,000 $7,000,000 $186,482,000 2026 $179,482,000 $7,000,000 $186,482,000 2027 $197,889,000 $7,000,000 $204,889,000 2027 $197,889,000 $7,000,000 $204,889,000 2027 $197,889,000 $7,000,000 $204,889,000 2028 $217,163,000 $7,000,000 $224,163,000 2028 $217,163,000 $7,000,000 $224,163,000 2028 $217,163,000 $7,000,000 $224,163,000 2029 $237,336,000 $7,000,000 $244,336,000 2029 $237,336,000 $7,000,000 $244,336,000 2029 $237,336,000 $7,000,000 $244,336,000 2030 $242,341,000 $7,000,000 $249,341,000 2030 $242,341,000 $7,000,000 $249,341,000 2030 $242,341,000 $7,000,000 $249,341,000 2031 $248,399,000 $7,000,000 $255,399,000 2031 $248,399,000 $7,000,000 $255,399,000 2031 $248,399,000 $7,000,000 $255,399,000 2032 $254,609,000 $7,000,000 $261,609,000 2032 $254,609,000 $7,000,000 $261,609,000 2032 $254,609,000 $7,000,000 $261,609,000 2033 $260,975,000 $7,000,000 $267,975,000 2033 $260,975,000 $7,000,000 $267,975,000 2033 $260,975,000 $7,000,000 $267,975,000 2034 $267,499,000 $7,000,000 $274,499,000 2034 $267,499,000 $7,000,000 $274,499,000 2034 $267,499,000 $7,000,000 $274,499,000 2035 $274,186,000 $7,000,000 $281,186,000 2035 $274,186,000 $7,000,000 $281,186,000 2035 $274,186,000 $7,000,000 $281,186,000 2036 $281,041,000 $7,000,000 $288,041,000 2036 $281,041,000 $7,000,000 $288,041,000 2036 $281,041,000 $7,000,000 $288,041,000 2037 $288,067,000 $7,000,000 $295,067,000 2037 $288,067,000 $7,000,000 $295,067,000 2037 $288,067,000 $7,000,000 $295,067,000 2038 $295,269,000 $7,000,000 $302,269,000 2038 $295,269,000 $7,000,000 $302,269,000 2038 $295,269,000 $7,000,000 $302,269,000 2039 $302,650,000 $7,000,000 $309,650,000 2039 $302,650,000 $7,000,000 $309,650,000 2039 $302,650,000 $7,000,000 $309,650,000 2040 $310,217,000 $7,042,000 $317,259,000 2040 $310,217,000 $7,042,000 $317,259,000 2040 $310,217,000 $7,042,000 $317,259,000 2041 $317,972,000 $7,218,000 $325,190,000 2041 $317,972,000 $7,218,000 $325,190,000 2041 $317,972,000 $7,218,000 $325,190,000 2042 $325,921,000 $7,399,000 $333,320,000 2042 $325,921,000 $7,399,000 $333,320,000 2042 $325,921,000 $7,399,000 $333,320,000 2043 $334,069,000 $7,584,000 $341,653,000 2043 $334,069,000 $7,584,000 $341,653,000 2043 $334,069,000 $7,584,000 $341,653,000 2044 $342,421,000 $7,773,000 $350,194,000 2044 $342,421,000 $7,773,000 $350,194,000 2044 $342,421,000 $7,773,000 $350,194,000 2045 $350,982,000 $7,967,000 $358,949,000 2045 $350,982,000 $7,967,000 $358,949,000 2045 $350,982,000 $7,967,000 $358,949,000 2046 $359,756,000 $8,167,000 $367,923,000 2046 $359,756,000 $8,167,000 $367,923,000 2046 $359,756,000 $8,167,000 $367,923,000 2047 $368,750,000 $8,371,000 $377,121,000 2047 $368,750,000 $8,371,000 $377,121,000 2047 $368,750,000 $8,371,000 $377,121,000 2048 $377,969,000 $8,580,000 $386,549,000 2048 $377,969,000 $8,580,000 $386,549,000 2048 $377,969,000 $8,580,000 $386,549,000 2049 $387,418,000 $8,795,000 $396,213,000 2049 $387,418,000 $8,795,000 $396,213,000 2049 $387,418,000 $8,795,000 $396,213,000 2050 $397,104,000 $9,014,000 $406,118,000 2050 $397,104,000 $9,014,000 $406,118,000 2050 $397,104,000 $9,014,000 $406,118,000 2051 $407,031,000 $9,240,000 $416,271,000 2051 $407,031,000 $9,240,000 $416,271,000 2051 $407,031,000 $9,240,000 $416,271,000 2052 $417,207,000 $9,471,000 $426,678,000 2052 $417,207,000 $9,471,000 $426,678,000 2052 $417,207,000 $9,471,000 $426,678,000 2053 $427,637,000 $9,708,000 $437,345,000 2053 $427,637,000 $9,708,000 $437,345,000 2053 $427,637,000 $9,708,000 $437,345,000 2054 $438,328,000 $9,950,000 $448,278,000 2054 $438,328,000 $9,950,000 $448,278,000 2054 $438,328,000 $9,950,000 $448,278,000 (2) normal cost; and (3) subject to Subsection (d-1) of this section, new amortization layers as necessary to amortize the difference between the expected remaining balance of all previous years' layers and the actual unfunded actuarial accrued liability for the given valuation [in an amount equal to the sum of: [(1) the greater of: [(A) 34.5 percent of the aggregate computation pay paid to members during the period for which the contribution is made; or [(B) the applicable amount set forth below: [(i) $5,173,000 for the biweekly pay periods beginning with the first biweekly pay period that begins after September 1, 2017, and ends on the last day of the first biweekly pay period that ends after December 31, 2017; [(ii) $5,344,000 for the 26 biweekly pay periods immediately following the last biweekly pay period described by Subparagraph (i) of this paragraph; [(iii) $5,571,000 for the 26 biweekly pay periods immediately following the last biweekly pay period described by Subparagraph (ii) of this paragraph; [(iv) $5,724,000 for the 26 biweekly pay periods immediately following the last biweekly pay period described by Subparagraph (iii) of this paragraph; [(v) $5,882,000 for the 26 biweekly pay periods immediately following the last biweekly pay period described by Subparagraph (iv) of this paragraph; [(vi) $6,043,000 for the 26 biweekly pay periods immediately following the last biweekly pay period described by Subparagraph (v) of this paragraph; [(vii) $5,812,000 for the 26 biweekly pay periods immediately following the last biweekly pay period described by Subparagraph (vi) of this paragraph; [(viii) $6,024,000 for the 26 biweekly pay periods immediately following the last biweekly pay period described by Subparagraph (vii) of this paragraph through the biweekly pay period that ends after December 31, 2024; and [(ix) $0 for each subsequent biweekly pay period beginning with the first biweekly pay period following the last biweekly pay period described by Subparagraph (viii) of this paragraph; and [(2) except as provided by Subsection (e) of this section, an amount equal to 1/26th of $13 million]. (d-1) For purposes of Subsection (d)(3) of this section, new amortization layers must be amortized over a closed amortization period of 20 years or until January 1, 2053, whichever is later. If the actuarial assets of the fund exceed the actuarial liabilities for a given valuation, the outstanding layers may be collapsed into a single layer with a closed amortization period of 20 years or until January 2, 2053, whichever is later. (e-1) Before July 1 of each year, the pension system's qualified actuary and the city's actuary shall respectively calculate and recommend an actuarially determined contribution rate for the following city fiscal year. If the difference between the recommended rates is: (1) three percent or less, the actuarially determined contribution rate shall be the rate recommended by the pension system's qualified actuary; or (2) greater than three percent, the board and the city council shall engage in a 30-day reconciliation period: (A) during which, if the pension system's qualified actuary and the city's actuary reconcile their respective calculations, the reconciled rate shall be the actuarially determined contribution rate; or (B) at the conclusion of which, if the pension system's qualified actuary and the city's actuary do not reconcile their respective calculations, the average of the rates recommended by each actuary under this section shall be the actuarially determined contribution rate. (f) If in any plan year the actuarially determined contribution rate, excluding the amounts provided under Subsection (d)(1) of this section, is outside of the minimum or maximum rates shown in the following schedule, the difference between the actuarially determined contribution rate and the minimum or maximum, as applicable, will be amortized over a closed period of 20 years or until January 1, 2053, whichever is later: Plan Year City Fiscal Year Ending September 30 Minimum Rate Maximum Rate Plan Year City Fiscal Year Ending September 30 Minimum Rate Maximum Rate Plan Year City Fiscal Year Ending September 30 Minimum Rate Maximum Rate 2023 2025 6.78% 6.78% 2023 2025 6.78% 6.78% 2023 2025 6.78% 6.78% 2024 2026 6.66% 6.66% 2024 2026 6.66% 6.66% 2024 2026 6.66% 6.66% 2025 2027 6.57% 6.57% 2025 2027 6.57% 6.57% 2025 2027 6.57% 6.57% 2026 2028 6.51% 6.51% 2026 2028 6.51% 6.51% 2026 2028 6.51% 6.51% 2027 2029 6.45% 6.45% 2027 2029 6.45% 6.45% 2027 2029 6.45% 6.45% 2028 2030 1.39% 11.39% 2028 2030 1.39% 11.39% 2028 2030 1.39% 11.39% 2029 2031 1.34% 11.34% 2029 2031 1.34% 11.34% 2029 2031 1.34% 11.34% 2030 2032 1.29% 11.29% 2030 2032 1.29% 11.29% 2030 2032 1.29% 11.29% 2031 2033 1.25% 11.25% 2031 2033 1.25% 11.25% 2031 2033 1.25% 11.25% 2032 2034 1.21% 11.21% 2032 2034 1.21% 11.21% 2032 2034 1.21% 11.21% 2033 2035 1.17% 11.17% 2033 2035 1.17% 11.17% 2033 2035 1.17% 11.17% 2034 2036 1.14% 11.14% 2034 2036 1.14% 11.14% 2034 2036 1.14% 11.14% 2035 2037 1.12% 11.12% 2035 2037 1.12% 11.12% 2035 2037 1.12% 11.12% 2036 2038 1.09% 11.09% 2036 2038 1.09% 11.09% 2036 2038 1.09% 11.09% 2037 2039 1.06% 11.06% 2037 2039 1.06% 11.06% 2037 2039 1.06% 11.06% 2038 2040 1.03% 11.03% 2038 2040 1.03% 11.03% 2038 2040 1.03% 11.03% 2039 2041 0.99% 10.99% 2039 2041 0.99% 10.99% 2039 2041 0.99% 10.99% 2040 2042 0.97% 10.97% 2040 2042 0.97% 10.97% 2040 2042 0.97% 10.97% 2041 2043 0.95% 10.95% 2041 2043 0.95% 10.95% 2041 2043 0.95% 10.95% 2042 2044 0.94% 10.94% 2042 2044 0.94% 10.94% 2042 2044 0.94% 10.94% 2043 2045 0.95% 10.95% 2043 2045 0.95% 10.95% 2043 2045 0.95% 10.95% 2044 2046 0.96% 10.96% 2044 2046 0.96% 10.96% 2044 2046 0.96% 10.96% 2045 2047 0.96% 10.96% 2045 2047 0.96% 10.96% 2045 2047 0.96% 10.96% 2046 2048 0.96% 10.96% 2046 2048 0.96% 10.96% 2046 2048 0.96% 10.96% 2047 2049 0.96% 10.96% 2047 2049 0.96% 10.96% 2047 2049 0.96% 10.96% 2048 2050 0.96% 10.96% 2048 2050 0.96% 10.96% 2048 2050 0.96% 10.96% 2049 2051 0.96% 10.96% 2049 2051 0.96% 10.96% 2049 2051 0.96% 10.96% 2050 2052 0.96% 10.96% 2050 2052 0.96% 10.96% 2050 2052 0.96% 10.96% 2051 2053 0.96% 10.96% 2051 2053 0.96% 10.96% 2051 2053 0.96% 10.96% 2052 2054 0.96% 10.96% 2052 2054 0.96% 10.96% 2052 2054 0.96% 10.96% (g) If the city council determines that the fund is projected to be fully funded in over 30 years, the city council may, in its sole discretion, waive the requirements of Subsection (f) of this section. The board may recommend to the city council that the city council waive the requirements of Subsection (f) of this section. (h) Notwithstanding Subsection (d) or any other provision of this section, for the city's fiscal years ending September 30, 2025, through September 30, 2029, the city contribution amount may not under any circumstances exceed the sum of: (1) the applicable fixed dollar amount under Subsection (d)(1) of this section; and (2) the maximum percentage provided under Subsection (f) of this section multiplied by the members' projected aggregate computation pay for the applicable city fiscal year. (h-1) This subsection and Subsection (h) of this section expire October 1, 2029. SECTION 5. Section 3.014, Article 6243a-1, Revised Statutes, as added by this Act, applies only to an action taken on or after the effective date of this Act. SECTION 6. The following provisions of Article 6243a-1, Revised Statutes, are repealed: (1) Section 2.025; and (2) Section 4.02(e). SECTION 7. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2025. City Fiscal Year Amortization of January 1, 2023 Unfunded Actuarial Accrued Liability Administrative Expenses Total Fixed Dollar Amount Ending Amortization of January 1, 2023 Unfunded Actuarial Accrued Liability Administrative Expenses Total Fixed Dollar Amount September 30 Amortization of January 1, 2023 Unfunded Actuarial Accrued Liability Administrative Expenses Total Fixed Dollar Amount 2025 $161,656,000 $7,000,000 $168,656,000 2026 $179,482,000 $7,000,000 $186,482,000 2027 $197,889,000 $7,000,000 $204,889,000 2028 $217,163,000 $7,000,000 $224,163,000 2029 $237,336,000 $7,000,000 $244,336,000 2030 $242,341,000 $7,000,000 $249,341,000 2031 $248,399,000 $7,000,000 $255,399,000 2032 $254,609,000 $7,000,000 $261,609,000 2033 $260,975,000 $7,000,000 $267,975,000 2034 $267,499,000 $7,000,000 $274,499,000 2035 $274,186,000 $7,000,000 $281,186,000 2036 $281,041,000 $7,000,000 $288,041,000 2037 $288,067,000 $7,000,000 $295,067,000 2038 $295,269,000 $7,000,000 $302,269,000 2039 $302,650,000 $7,000,000 $309,650,000 2040 $310,217,000 $7,042,000 $317,259,000 2041 $317,972,000 $7,218,000 $325,190,000 2042 $325,921,000 $7,399,000 $333,320,000 2043 $334,069,000 $7,584,000 $341,653,000 2044 $342,421,000 $7,773,000 $350,194,000 2045 $350,982,000 $7,967,000 $358,949,000 2046 $359,756,000 $8,167,000 $367,923,000 2047 $368,750,000 $8,371,000 $377,121,000 2048 $377,969,000 $8,580,000 $386,549,000 2049 $387,418,000 $8,795,000 $396,213,000 2050 $397,104,000 $9,014,000 $406,118,000 2051 $407,031,000 $9,240,000 $416,271,000 2052 $417,207,000 $9,471,000 $426,678,000 2053 $427,637,000 $9,708,000 $437,345,000 2054 $438,328,000 $9,950,000 $448,278,000 Plan Year City Fiscal Year Ending September 30 Minimum Rate Maximum Rate 2023 2025 6.78% 6.78% 2024 2026 6.66% 6.66% 2025 2027 6.57% 6.57% 2026 2028 6.51% 6.51% 2027 2029 6.45% 6.45% 2028 2030 1.39% 11.39% 2029 2031 1.34% 11.34% 2030 2032 1.29% 11.29% 2031 2033 1.25% 11.25% 2032 2034 1.21% 11.21% 2033 2035 1.17% 11.17% 2034 2036 1.14% 11.14% 2035 2037 1.12% 11.12% 2036 2038 1.09% 11.09% 2037 2039 1.06% 11.06% 2038 2040 1.03% 11.03% 2039 2041 0.99% 10.99% 2040 2042 0.97% 10.97% 2041 2043 0.95% 10.95% 2042 2044 0.94% 10.94% 2043 2045 0.95% 10.95% 2044 2046 0.96% 10.96% 2045 2047 0.96% 10.96% 2046 2048 0.96% 10.96% 2047 2049 0.96% 10.96% 2048 2050 0.96% 10.96% 2049 2051 0.96% 10.96% 2050 2052 0.96% 10.96% 2051 2053 0.96% 10.96% 2052 2054 0.96% 10.96%