Bill Text: TX HB3247 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the Texas Emergency Services Retirement System.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB3247 Detail]
Download: Texas-2019-HB3247-Enrolled.html
H.B. No. 3247 |
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relating to the Texas Emergency Services Retirement System. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 861.001, Government Code, is amended by | ||
amending Subdivisions (4), (5), (8), (10), and (11-a) and adding | ||
Subdivisions (6-a), (6-b), (8-a), (8-b), and (10-a) to read as | ||
follows: | ||
(4) "Dependent" means an unmarried child, natural or | ||
adopted, who: | ||
(A) is less than 18 years of age; | ||
(B) is less than 19 years of age and a full-time | ||
student at an elementary or secondary school; or | ||
(C) became permanently disabled before the | ||
child's 22nd birthday, as determined by the executive director [ |
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(5) "Emergency services" means only those services | ||
relating to fire, rescue, [ |
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emergency response services [ |
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(6-a) "Governing body of a department" or "governing | ||
body of a participating department" means: | ||
(A) the board of trustees or other governing body | ||
of the department; or | ||
(B) if the department does not have a governing | ||
body, the governing body of the political subdivision. | ||
(6-b) "Governing body of a political subdivision" | ||
means the governing body of the political subdivision or unit of | ||
government of which the department is a part. | ||
(8) "Member" means a person having membership | ||
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system under Section 862.002. | ||
(8-a) "Participating department" means a department | ||
that elects to participate in the pension system under Section | ||
862.001. | ||
(8-b) "Participating department head" means the | ||
person designated as a participating department head under Section | ||
865.0115. | ||
(10) "Qualified service" means service performed: | ||
(A) for a participating department that [ |
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year; and | ||
(B) [ |
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standing in the department who: | ||
(i) attends at least 20 hours of annual | ||
training and at least 25 percent of the department's emergencies in | ||
a calendar year; | ||
(ii) attends at least 20 hours of annual | ||
training and provides support services for at least 25 percent of | ||
the department's emergencies in a calendar year; or | ||
(iii) does not attend because the member is | ||
absent because of military duty. | ||
(10-a) "Retiree" means a person who receives a service | ||
or disability retirement benefit from the pension system. | ||
(11-a) "Support services" means services that | ||
directly assist in the delivery of emergency services. The term | ||
includes: | ||
(A) directing traffic at an emergency scene; | ||
(B) [ |
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personnel; | ||
(C) [ |
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(D) [ |
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emergency scene; | ||
(E) [ |
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participating department;[ |
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(F) other similar services as determined by a | ||
participating department. | ||
SECTION 2. Section 861.008, Government Code, is amended to | ||
read as follows: | ||
Sec. 861.008. IMMUNITY FROM LIABILITY. The state board, | ||
the executive director, a local board, each participating | ||
department head, and employees of the pension system are not liable | ||
for any action taken or omission made or suffered by them in good | ||
faith in the performance of any duty or prerogative in connection | ||
with the administration of the pension system. | ||
SECTION 3. Section 862.001, Government Code, is amended to | ||
read as follows: | ||
Sec. 862.001. PARTICIPATION BY DEPARTMENT. (a) For | ||
purposes of this section, "department" means a department or other | ||
organization that: | ||
(1) performs emergency services, including a | ||
volunteer fire department, as defined by Section 614.101; and | ||
(2) is not a for-profit entity. | ||
(a-1) The governing body of a department [ |
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action by the body, elect to participate in the pension system. The | ||
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director as soon as practicable of an election made under this | ||
subsection. Except as provided by Subsection (b), an election to | ||
participate under this subsection is irrevocable. | ||
(b) The state board may adopt rules that allow the governing | ||
body of a participating department to revoke its [ |
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election to participate in the pension system under Subsection | ||
(a-1) in a manner that maintains an actuarially sound [ |
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SECTION 4. Section 862.002, Government Code, is amended to | ||
read as follows: | ||
Sec. 862.002. MEMBERSHIP BY INDIVIDUAL. (a) Except as | ||
otherwise provided by this section and Section 862.0021, each | ||
person who performs emergency services or, subject to Section | ||
862.0025, support services [ |
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employee of a participating department, regardless of whether the | ||
person receives compensation from the participating department for | ||
the services, is a member of the pension system. | ||
(b) A person is not a member of the pension system if the | ||
person: | ||
(1) is less than 18 years of age; | ||
(2) is subject to [ |
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under Section 862.0021 [ |
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political subdivision [ |
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during the waiting period [ |
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(3) does not receive a certification of physical | ||
fitness or assignment to perform support services under Section | ||
862.003; or | ||
(4) is a retiree [ |
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regardless of whether the person continues to perform emergency or | ||
support services [ |
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SECTION 5. Section 862.0021, Government Code, is amended to | ||
read as follows: | ||
Sec. 862.0021. WAITING [ |
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MEMBERSHIP. (a) A participating department may impose a waiting | ||
[ |
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is training to perform emergency services or, subject to Section | ||
862.0025, support services as a volunteer or [ |
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of the department during which time the department is not required | ||
to enroll the person as a member of the pension system. | ||
(b) A waiting [ |
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section must end not later than six months after the date the person | ||
begins service or training with the participating department. | ||
(c) The governing body of a political subdivision may, but | ||
[ |
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for the person during the waiting [ |
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(d) A person's membership in the pension system begins on | ||
the date that the governing body of a political subdivision | ||
[ |
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without regard to whether the: | ||
(1) person's membership in the pension system | ||
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section; or | ||
(2) person is subject to a probationary period imposed | ||
by a participating department for other purposes. | ||
SECTION 6. Sections 862.0025(a) and (c), Government Code, | ||
are amended to read as follows: | ||
(a) Except as provided by Subsection (b), the governing body | ||
of a participating department may, at any time, make an election to | ||
include all persons who provide support services for the department | ||
as members of the pension system [ |
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takes effect on the first day of the calendar month that begins | ||
after the month in which the election is made and communicated to | ||
the executive director. Once made, an election under this section | ||
is irrevocable. | ||
(c) After an election under this section, a participating | ||
department that previously did not enroll its support staff as | ||
members of the pension system may purchase service credit for | ||
service performed before the date of the election under the terms | ||
required for prior service credit for service before departmental | ||
participation under Section 863.004. | ||
SECTION 7. Section 862.003, Government Code, is amended to | ||
read as follows: | ||
Sec. 862.003. CERTIFICATION OF PHYSICAL FITNESS. (a) A | ||
person who performs emergency services for a participating | ||
department [ |
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department [ |
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physician. [ |
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(b) If a participating department provides membership to a | ||
person who performs support services under Section 862.0025, the | ||
participating department head [ |
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to perform support services if the person: | ||
(1) does not present an acceptable certification under | ||
Subsection (a); or | ||
(2) will only perform support services for the | ||
department [ |
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SECTION 8. Section 863.003, Government Code, is amended to | ||
read as follows: | ||
Sec. 863.003. RECOGNITION [ |
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CREDIT. A member who terminates service, except by service | ||
retirement under Chapter 864, and later resumes service with the | ||
same participating department or begins service with another | ||
participating department may receive service credit for [ |
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all previously accrued service credit in the pension system earned | ||
for service with any participating [ |
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SECTION 9. Chapter 863, Government Code, is amended by | ||
adding Section 863.0045 to read as follows: | ||
Sec. 863.0045. SERVICE CREDIT AND MEMBERSHIP IN MULTIPLE | ||
PUBLIC RETIREMENT SYSTEMS. In accordance with Section 67(a)(2), | ||
Article XVI, Texas Constitution, a person may not earn service | ||
credit for the same service with the pension system and another | ||
public retirement system. | ||
SECTION 10. Section 863.005, Government Code, is amended to | ||
read as follows: | ||
Sec. 863.005. CHARGE FOR CERTAIN PAST DUE CONTRIBUTIONS. | ||
The state board by rule may impose an interest charge on | ||
contributions due because of a correction of an error [ |
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be based on the pension system's current assumed rate of return. | ||
Charges collected shall be deposited in the fund. | ||
SECTION 11. Section 864.001(b), Government Code, is amended | ||
to read as follows: | ||
(b) The state board may change the benefit formula for any | ||
person who is not a retiree [ |
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SECTION 12. Section 864.002(a), Government Code, is amended | ||
to read as follows: | ||
(a) A service retirement annuity is payable in monthly | ||
installments based on: | ||
(1) the [ |
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contribution during the member's term of qualified service with all | ||
participating departments under this subtitle, not including a | ||
contribution to reduce the unfunded accrued actuarial liability of | ||
the pension system; and | ||
(2) a formula adopted by the state board by rule that | ||
allows the pension system, assuming maximum state contributions are | ||
provided under Section 865.015, to be maintained as actuarially | ||
sound. | ||
SECTION 13. Section 864.004, Government Code, is amended to | ||
read as follows: | ||
Sec. 864.004. TEMPORARY DISABILITY RETIREMENT BENEFITS. | ||
(a) A member is entitled to disability retirement benefits from the | ||
pension system only if a local board determines that the member | ||
became disabled during the performance of emergency services or | ||
support services [ |
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the member's regular occupation or, if the member is a student, is | ||
unable to return to the member's scholastic studies. A disabled | ||
member must, at the time of disability, elect between a service | ||
retirement annuity or disability retirement benefits, if eligible | ||
for both. | ||
(b) Subject to Subsection (c), a [ |
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described by Subsection (a) who does not elect to receive a service | ||
retirement annuity is entitled to a temporary disability retirement | ||
benefit [ |
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(1) $300 per [ |
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(2) a greater amount that the state board by rule | ||
adopts based on the monthly contributions made for the members by | ||
the governing body of the political subdivision [ |
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(c) Except as provided by Section 864.005, a temporary [ |
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period, not to exceed one year, determined to be the likely duration | ||
of the disability by a physician in a written statement to the local | ||
board. The local board shall select the physician making a | ||
determination under this subsection[ |
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SECTION 14. Sections 864.005(a), (b), (d), and (h), | ||
Government Code, are amended to read as follows: | ||
(a) A local board may [ |
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receiving a temporary disability retirement benefit [ |
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file a disability rating report every three months from a physician | ||
chosen by the local board. If a report indicates a significant | ||
improvement in condition, the local board, after notice and a | ||
hearing, may adopt an order to terminate temporary disability | ||
retirement benefit payments. The local board shall send a copy of | ||
each order adopted under this subsection to the executive director. | ||
(b) Temporary disability benefits cease if: | ||
(1) the recipient returns to work at the person's | ||
regular occupation, resumes scholastic studies, or performs | ||
emergency services or support services [ |
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participating department or other entity; or | ||
(2) [ |
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under Subsection (d). | ||
(d) If the local board has reason to believe that a ground | ||
for termination of temporary disability retirement benefits | ||
exists, the local board may set a date for a hearing on the matter. | ||
The local board, after notice and a hearing, may adopt an order | ||
terminating temporary disability retirement benefits if the local | ||
board determines that a ground for termination exists. The local | ||
board may not adopt an order under this subsection on the basis of a | ||
physician's previously submitted statement as to the likely | ||
duration of the disability if the local board determines, after a | ||
hearing, that the disability continues. The local board shall send | ||
a copy of each order adopted under this subsection to the executive | ||
director. | ||
(h) A [ |
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financial information from a person as a condition to the continued | ||
receipt of temporary disability retirement benefits, including | ||
federal income tax returns and wage earning forms. Failure to | ||
timely provide requested information is a ground for terminating | ||
benefits. | ||
SECTION 15. Chapter 864, Government Code, is amended by | ||
adding Section 864.0051 to read as follows: | ||
Sec. 864.0051. CONTINUING DISABILITY RETIREMENT BENEFITS. | ||
(a) To receive disability retirement benefits in the form of a | ||
continuing annuity provided beyond the time prescribed under | ||
Section 864.005, a person who has been determined by a local board | ||
to be temporarily disabled must: | ||
(1) not later than the first anniversary of the date | ||
the person was determined to be temporarily disabled, apply to the | ||
state board in the manner and form prescribed by the state board; | ||
and | ||
(2) be certified by the medical board designated by | ||
the state board under Section 865.020 as permanently disabled for | ||
the performance of the duties of any occupation: | ||
(A) for which the person is reasonably suited by | ||
education, training, and experience; and | ||
(B) that could reasonably be expected to provide | ||
the person with at least 75 percent of the salary the person was | ||
earning at the time the disability occurred. | ||
(b) The amount of a continuing disability retirement | ||
annuity under this section is determined in the same manner as for a | ||
temporary disability retirement benefit under Section 864.004(b). | ||
(c) Except as otherwise provided by this section, a | ||
continuing disability retirement annuity terminates on the fifth | ||
anniversary of the date that payment of the continuing disability | ||
retirement annuity begins following the certification of the | ||
continuation of the disability under Subsection (a). | ||
(d) To continue receiving payments of a continuing | ||
disability retirement annuity after the fifth anniversary, the | ||
retiree must be recertified as permanently disabled by the medical | ||
board every five years using the same standard prescribed by | ||
Subsection (a)(2). | ||
(e) Payments of a continuing disability retirement annuity | ||
to a retiree certified by the medical board as permanently disabled | ||
under Subsection (a) or (d) shall cease if the retiree: | ||
(1) returns to work at any occupation that provides | ||
the person with at least 75 percent of the salary the person was | ||
earning at the time the disability occurred; | ||
(2) performs emergency services or support services | ||
for any participating department; or | ||
(3) rejects a suitable offer of employment, as | ||
determined by the local board. | ||
(f) If the state board has reason to believe that a ground | ||
for termination of a continuing disability retirement annuity | ||
exists, the state board shall set a date for a hearing on the | ||
continuation or termination of the annuity. If the state board | ||
determines that a ground for termination exists, the state board, | ||
after notice and a hearing, shall adopt an order terminating the | ||
continuing disability retirement annuity. | ||
(g) The state board may require financial information, | ||
including federal income tax returns and wage earning forms, from a | ||
retiree as a condition of the continued receipt of continuing | ||
disability retirement benefits. Failure to timely provide | ||
requested information is a ground for terminating benefits. | ||
SECTION 16. Section 864.006, Government Code, is amended to | ||
read as follows: | ||
Sec. 864.006. MEMBER SERVICE DEATH BENEFITS. (a) The | ||
surviving spouse and dependents of a member who dies as a result of | ||
performing emergency services or support services [ |
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are entitled to receive in equal shares a death benefit annuity | ||
equal to the service retirement annuity that the decedent would | ||
have been entitled to receive if the decedent had been able to | ||
retire, vested at 100 percent, on the date of the decedent's death. | ||
(b) The beneficiary of a member who dies as a result of | ||
performing emergency services or support services [ |
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is entitled to a lump-sum benefit of $5,000 or a greater amount that | ||
the state board provides by rule. | ||
SECTION 17. Sections 864.007(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) The state board by rule may provide one or more | ||
beneficiaries of a deceased member whose death did not result from | ||
the performance of emergency services or support services [ |
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(b) A rule adopted under this section must include the type | ||
of eligible recipient of the benefit, including any service or age | ||
requirement, and the method of calculating the amount of the | ||
benefit. A rule may include any other terms the state board | ||
considers appropriate. | ||
SECTION 18. Section 864.010, Government Code, is amended to | ||
read as follows: | ||
Sec. 864.010. BENEFITS FOR MEMBERS AND RETIREES OF | ||
DEPARTMENT THAT WITHDRAWS FROM PARTICIPATION OR CEASES TO EXIST. | ||
(a) The executive director shall continue to administer benefits | ||
of the pension system for members and retirees who performed | ||
emergency services or support services [ |
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formerly participating department that has withdrawn from | ||
participation in the pension system or has ceased to exist. | ||
(b) The governing body of a political subdivision [ |
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perform the duties required of a local board for the members and | ||
retirees who served for the formerly participating department. The | ||
state board may by rule: | ||
(1) provide a procedure under which the governing body | ||
of a department may delegate its duties under this subsection to the | ||
executive director; or | ||
(2) appoint the executive director to perform the | ||
duties of a governing body of a political subdivision if the | ||
governing body fails to perform or delegate its duties under this | ||
subsection within a prescribed period of time. | ||
SECTION 19. Section 864.011, Government Code, is amended to | ||
read as follows: | ||
Sec. 864.011. FIRST PAYMENT OF RETIREMENT OR DEATH BENEFIT | ||
ANNUITY. The cashing or depositing of the first payment of a | ||
service retirement annuity, disability retirement annuity, or | ||
death benefit annuity by a person entitled to it, or the receipt by | ||
a financial institution for credit to that person's account of a | ||
transfer of funds by the pension system through electronic means, | ||
is considered acceptance of the amount of the annuity and of the | ||
amount of qualified service of the person on whose service the | ||
annuity is based. | ||
SECTION 20. Section 864.013, Government Code, is amended to | ||
read as follows: | ||
Sec. 864.013. COST-OF-LIVING INCREASE. The state board by | ||
rule may provide a cost-of-living increase for any benefit provided | ||
by the pension system. If benefits are increased, the state board | ||
shall require an increase in monthly [ |
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if necessary to maintain an actuarially sound pension system. | ||
SECTION 21. Section 864.0135, Government Code, is amended | ||
to read as follows: | ||
Sec. 864.0135. OPTIONAL ANNUITY INCREASE OR SUPPLEMENTAL | ||
PAYMENTS. (a) The state board by rule may authorize the governing | ||
body of a participating department to: | ||
(1) make one or more supplemental payments to its | ||
retirees and [ |
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(2) provide an increase in the amount of annuities | ||
paid to retirees and [ |
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(b) The governing body of a [ |
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that elects an option under a rule adopted under this section shall | ||
fund all increased benefits that are provided to its retirees and | ||
[ |
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option. | ||
SECTION 22. The heading to Section 864.015, Government | ||
Code, is amended to read as follows: | ||
Sec. 864.015. BENEFICIARY CAUSING DEATH OF MEMBER OR | ||
RETIREE [ |
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SECTION 23. Sections 864.015(a), (b), and (d), Government | ||
Code, are amended to read as follows: | ||
(a) A benefit payable on the death of a member or retiree | ||
[ |
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death but instead is payable as if the convicted person had | ||
predeceased the decedent. | ||
(b) The pension system is not required to change the | ||
recipient of benefits under this section unless it receives actual | ||
notice of the conviction of a beneficiary. The system may delay | ||
payment of a benefit payable on the death of a member or retiree | ||
[ |
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legal proceedings relating to the cause of death. | ||
(d) For the purposes of this section, a person has been | ||
convicted of causing the death of a member or retiree [ |
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the person: | ||
(1) pleads guilty or nolo contendere to, or is found | ||
guilty by a court of, an offense at the trial of which it is | ||
established that the person's intentional, knowing, or reckless act | ||
or omission resulted in the death of a person who was a member or | ||
retiree [ |
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probated; and | ||
(2) has no appeal of the conviction pending and the | ||
time provided for appeal has expired. | ||
SECTION 24. Section 864.016, Government Code, is amended by | ||
amending Subsections (a), (b), (c), (d), and (e) and adding | ||
Subsection (a-1) to read as follows: | ||
(a) An application [ |
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benefits or a [ |
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board. [ |
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receiving an application [ |
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the local board shall hold a hearing to decide the merits of the | ||
application and whether to approve or deny the application [ |
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The local board shall send a written copy of its decision to the | ||
claimant, [ |
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(a-1) A claim for a service retirement annuity must be filed | ||
with the executive director. | ||
(b) A person aggrieved by a decision of a local board or of | ||
the executive director relating to eligibility for or the amount of | ||
benefits under this subtitle may appeal the decision to the state | ||
board. | ||
(c) An appeal of a local board or executive director | ||
decision under this section is begun by delivering a notice of | ||
appeal to the presiding officer or secretary of the local board that | ||
made the decision or to the executive director, as applicable. The | ||
notice must be delivered not later than the 20th day after the date | ||
of the decision and contain a brief description of the reasons for | ||
the appeal. The aggrieved person must file a copy of the notice | ||
with the state board. | ||
(d) An appeal of a local board or executive director | ||
decision under this section is held in Austin and is a contested | ||
case under Chapter 2001, conducted as a de novo hearing by the State | ||
Office of Administrative Hearings. | ||
(e) After a hearing under Subsection (d), the state board | ||
shall decide each appeal from a local board or executive director | ||
decision, issue a written opinion, and notify the local board or | ||
executive director, as applicable, and the claimant if the state | ||
board overrules the [ |
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SECTION 25. Section 865.001, Government Code, is amended by | ||
amending Subsection (b) and adding Subsection (b-1) to read as | ||
follows: | ||
(b) Except as provided by Subsection (b-1), at [ |
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five trustees must be active members of the pension system, one of | ||
whom must represent emergency medical services personnel. | ||
(b-1) If there are no participating departments in the | ||
pension system that provide emergency medical services, the | ||
governor is not required to appoint a trustee to represent | ||
emergency medical services personnel. | ||
SECTION 26. Section 865.006, Government Code, is amended by | ||
amending Subsection (a) and adding Subsection (d) to read as | ||
follows: | ||
(a) The state board shall employ a certified public | ||
accountant, an actuary, and an investment consultant for the fund | ||
and may acquire computer, custodial, or investment management | ||
services for the fund. The costs of accounting, actuarial, | ||
investment consulting, computer, custodial, or investment | ||
management services and other administrative expenses may be paid | ||
from income earned by investment of the fund. No portion of the | ||
corpus or income of the fund may be used for purposes other than the | ||
benefit of members, retirees [ |
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(d) The state board is responsible for seeking and | ||
recovering any benefits fraudulently acquired from the pension | ||
system. If the state board suspects fraud has occurred, the state | ||
board shall notify the appropriate local board and the benefit | ||
recipient and hold a hearing to determine whether fraud has | ||
occurred. If, after the hearing, the state board determines that | ||
benefits from the pension system have been or are being | ||
fraudulently acquired, the state board shall seek appropriate | ||
relief. | ||
SECTION 27. Section 865.007(c), Government Code, is amended | ||
to read as follows: | ||
(c) The state board or the executive director may accept on | ||
behalf of the pension system gifts of money or other property from | ||
any public or private source. Money received under this subsection | ||
shall be deposited into the fund. | ||
SECTION 28. Section 865.0095(a), Government Code, is | ||
amended to read as follows: | ||
(a) The state board, by a majority vote of all members, | ||
shall appoint a person other than a member of the state board to | ||
serve at the state board's will as executive director. | ||
SECTION 29. Section 865.010, Government Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) Not later than the 30th day after the date the executive | ||
director receives from a participating department head notice of a | ||
change in the membership records of the participating department, | ||
the executive director shall notify the presiding officer of the | ||
local board of the participating department of the change. | ||
SECTION 30. Sections 865.011(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) The executive director may at any reasonable time | ||
examine the: | ||
(1) records and accounts of a local board; and | ||
(2) membership records of a participating department | ||
head [ |
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(b) The executive director shall: | ||
(1) require in a timely manner periodic reports from | ||
participating department heads and [ |
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(2) [ |
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participating departments and local boards. | ||
SECTION 31. Chapter 865, Government Code, is amended by | ||
adding Sections 865.0115 and 865.0116 to read as follows: | ||
Sec. 865.0115. PARTICIPATING DEPARTMENT HEAD. (a) Except | ||
as provided by Subsection (b), the chief, designated leader, or | ||
other executive head of a participating department is the | ||
participating department head. | ||
(b) Subject to the approval of the executive director, the | ||
governing body of a participating department may designate a | ||
participating department head. | ||
Sec. 865.0116. PARTICIPATING DEPARTMENT HEAD'S DUTIES. The | ||
participating department head: | ||
(1) is responsible for: | ||
(A) enrolling new members in the pension system; | ||
and | ||
(B) maintaining current and accurate membership | ||
records; and | ||
(2) shall provide information to the pension system | ||
related to changes in the membership records of the participating | ||
department in the time and manner prescribed by the pension system. | ||
SECTION 32. Sections 865.012(a), (a-1), and (c), Government | ||
Code, are amended to read as follows: | ||
(a) A local board is composed of: | ||
(1) one trustee selected by the governing body of the | ||
political subdivision [ |
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(2) except as provided by Subsection (a-1), three | ||
trustees who are active members representing a participating | ||
department chosen by a majority of the members [ |
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(3) two trustees who are representatives of the | ||
political subdivision or unit of government who are chosen by the | ||
other members of the local board. | ||
(a-1) If a participating department does not have a | ||
sufficient number of active members to serve on a local board under | ||
Subsection (a)(2), the other members of the local board, or if there | ||
are no other members of the local board, the governing body of the | ||
political subdivision [ |
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select one or more trustees to serve under that subsection | ||
[ |
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a trustee must be: | ||
(1) a retiree of the pension system; or | ||
(2) a beneficiary of the pension system who is the | ||
surviving spouse of a former member or retiree. | ||
(c) A local board shall hold not fewer than two [ |
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meetings a year under Chapter 551. | ||
SECTION 33. Chapter 865, Government Code, is amended by | ||
adding Section 865.0121 to read as follows: | ||
Sec. 865.0121. DELEGATION OF LOCAL BOARD DUTIES. The state | ||
board by rule may adopt a procedure by which the duties of a local | ||
board may be delegated to the executive director if: | ||
(1) trustees of the local board have not been | ||
appointed under Section 865.012(a) or (a-1); or | ||
(2) the local board fails to perform its duties under | ||
this subtitle within a reasonable time, as determined by the board, | ||
including failure to hold the minimum number of meetings each year | ||
required by Section 865.012(c). | ||
SECTION 34. Sections 865.014(a), (c), and (d), Government | ||
Code, are amended to read as follows: | ||
(a) The [ |
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each member performing emergency services or support services for | ||
the participating department for each month of service beginning on | ||
the date that the member enters the pension system at a rate | ||
determined in accordance with Subsection (b) and may make | ||
additional contributions as determined by the governing body of the | ||
political subdivision. The pension system may collect from [ |
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subdivision any contributions the governing body fails to make | ||
under this section and associated interest accrued in accordance | ||
with Subsection (c). The pension system [ |
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deposit interest collected under this section into the fund | ||
[ |
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(c) Contributions required as provided by this section | ||
shall be paid at the times and in the manner that the state board | ||
prescribes by rule. Contributions required by this section shall | ||
be submitted by electronic funds transfer, by wire transfer, or as | ||
an automated clearinghouse withdrawal (ACH debit) unless the | ||
executive director grants an exception based on the difficulty of | ||
the [ |
||
Contributions that are not paid within the time required by the | ||
state board accrue interest at the most recent assumed actuarial | ||
rate of return on investments of the fund. | ||
(d) The state board may by rule require a monthly | ||
contribution be made by the governing bodies of [ |
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subdivisions that do not participate in the pension system but | ||
whose employees or former employees are members or retirees of the | ||
pension system in an amount necessary to pay the expenses of | ||
administering benefits for those persons. | ||
SECTION 35. Section 865.017(b), Government Code, is amended | ||
to read as follows: | ||
(b) The pension system may not begin service or disability | ||
retirement annuity or death benefit payments based on the service | ||
of a person whose local board or participating department head is | ||
not current in its filing of a required periodic report. | ||
SECTION 36. The heading to Section 865.019, Government | ||
Code, is amended to read as follows: | ||
Sec. 865.019. CONFIDENTIALITY OF INFORMATION ABOUT | ||
MEMBERS, RETIREES [ |
||
SECTION 37. Sections 865.019(a) and (d), Government Code, | ||
are amended to read as follows: | ||
(a) Information contained in records that are in the custody | ||
of the pension system concerning an individual member, retiree | ||
[ |
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and may not be disclosed in a form identifiable with a specific | ||
individual unless: | ||
(1) the information is disclosed to: | ||
(A) the individual or the individual's attorney, | ||
guardian, executor, administrator, conservator, or other person | ||
who the executive director determines is acting in the interest of | ||
the individual or the individual's estate; | ||
(B) a spouse or former spouse of the individual | ||
after the executive director determines that the information is | ||
relevant to the spouse's or former spouse's interest in member | ||
accounts, benefits, or other amounts payable by the pension system; | ||
(C) a governmental official or employee after the | ||
executive director determines that disclosure of the information | ||
requested is reasonably necessary to the performance of the duties | ||
of the official or employee; or | ||
(D) a person authorized by the individual in | ||
writing to receive the information; or | ||
(2) the information is disclosed under a subpoena and | ||
the executive director determines that the individual will have a | ||
reasonable opportunity to contest the subpoena. | ||
(d) A determination and disclosure under Subsection (a) may | ||
be made without notice to the individual member, retiree | ||
[ |
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SECTION 38. The following provisions of the Government Code | ||
are repealed: | ||
(1) Section 861.001(2); | ||
(2) Section 864.003; | ||
(3) Sections 864.005(c), (e), (f), and (g); and | ||
(4) Section 865.010(d). | ||
SECTION 39. Section 864.005, Government Code, as amended by | ||
this Act, and Section 864.0051, Government Code, as added by this | ||
Act, apply only to a claim for a disability retirement benefit that | ||
is filed on or after the effective date of this Act. A claim for a | ||
disability retirement benefit that is filed before the effective | ||
date of this Act is governed by the law in effect immediately before | ||
the effective date of this Act, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 40. Section 864.016, Government Code, as amended by | ||
this Act, applies only to an application for a disability | ||
retirement or death benefit that is filed on or after the effective | ||
date of this Act. A claim for a disability retirement or death | ||
benefit that is filed before the effective date of this Act is | ||
governed by the law in effect immediately before the effective date | ||
of this Act, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 41. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3247 was passed by the House on May 3, | ||
2019, by the following vote: Yeas 140, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3247 was passed by the Senate on May | ||
22, 2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |