HB3521 - Relating to the police officers' public retirement system of certain municipalities.

  89R3041 KFF-F     By: Harless H.B. No. 3521       A BILL TO BE ENTITLED   AN ACT   relating to the police officers' public retirement system of   certain municipalities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 2(4-a), (10), and (17-e), Article   6243g-4, Revised Statutes, are amended to read as follows:                (4-a)  "Catastrophic injury" :                       (A)   means a sudden, violent, life-threatening,   duty-related injury sustained by an active member that is due to an   externally caused motor vehicle collision, gunshot wound,   aggravated assault, or other physical external event or events and   results, as supported by evidence, in one of the following   conditions:                             (i)  [ (A) ]  total, complete, and permanent   loss of sight in one or both eyes;                             (ii)  [ (B) ]  total, complete, and permanent   loss of the body part [ use ] of one or both feet at or above the   ankle;                             (iii)  [ (C) ]  total, complete, and permanent   loss of the body part [ use ] of one or both hands at or above the   wrist;                             (iv)  [ (D) ]  injury to the spine that results   in a total, permanent, and complete paralysis of both arms, both   legs, or one arm and one leg; or                             (v)  [ (E) ]  an externally caused physical   traumatic injury to the brain that, as determined using   evidence-based medicine, results in a permanent major   neurocognitive disorder for which the member requires occasional   supervision in the performance of routine daily tasks of self-care   and that renders the member permanently unemployable; and                       (B)     does not include the following diseases,   disorders, or injuries:                             (i)  infectious diseases;                             (ii)     noninfectious diseases, including   heart disease or lung disease, contracted as a result of repeated   exposure to occupational environmental conditions over a period of   months or years;                             (iii)     an anxiety disorder, including   post-traumatic stress disorder; or                             (iv)     a soft-tissue back, neck, or spine   injury, including a sprain, strain, subluxation, or repetitive   stress injury, that does not result in paralysis, as determined by a   physician chosen and compensated by the board [ rendering the member   physically or mentally unable to perform the member's duties as a   police officer ].                (10)  "Employee" means an individual who holds a   classified or appointed position in the police department of a city   subject to this article.                (17-e)  "Salary" means pay provided for the classified   or appointed position in the police department held by the   employee.          SECTION 2.  Sections 3(d) and (f), Article 6243g-4, Revised   Statutes, are amended to read as follows:          (d)  The terms of office of the board members elected as   described by Subsection (b)(3) of this section shall be three   years, beginning on January 1 and ending on December 31. Beginning   in 1999, and each third succeeding year, one board member shall be   elected at an election called by the board and held before the end   of the calendar year [ in December ]. Beginning in 2000, and each   third succeeding year, a second board member shall be elected at an   election called by the board and held before the end of the calendar   year [ in December ]. If a vacancy occurs among the two elected   retired members of the board, the board shall hold an election   within 60 days after the date the vacancy occurred. At that   election, a retired member shall be elected to serve for the   remainder of the term of the vacant position or for a full term if   the term of the board member that caused the vacancy would have   ended in that year. A board member who is a retired member and who   was appointed to the board before January 1999 shall serve the   remainder of the board member's term. On expiration of the   appointed term, the appointed board member is eligible to run for   the board position described by Subsection (b)(3) of this section   in the same manner as any other retired member.          (f)   The following individuals are prohibited from being   elected to or otherwise serving on the board:                       (A)  an [ An ] individual who is an elected or   appointed member [ officer ] or employee of , or who receives   compensation or gifts directly or indirectly from, any employee   [ organization ] or retiree organization ;                       (B)  an individual who is [ or ] an employee of the   pension system or was an employee of the pension system during the   60-day period preceding the announcement of the trustee election;   or                       (C)     an individual who holds a position that   creates or may have the potential to create a conflict of interest   with the fiduciary responsibility imposed on each member of [ is   prohibited from being elected to ] the board, as determined by   [ appointed to ] the board[ , or in any other way serving as a member   of the board ].          SECTION 3.  Section 4, Article 6243g-4, Revised Statutes, is   amended by amending Subsection (b) and adding Subsection (c) to   read as follows:          (b)  The board, by an affirmative vote of at least four board   members, may elect to provide a stipend to [ reimburse ] board   members who are not employees of the city for their time while   attending to official business of the pension system. The amount of   any stipend [ reimbursement ] may not exceed $750 a month for each   affected board member.           (c)     Board members are entitled to reimbursement for actual   expenses incurred in performing official duties and business, as   determined by board rule.          SECTION 4.  Section 12, Article 6243g-4, Revised Statutes,   is amended by amending Subsections (b) and (m) and adding   Subsection (n) to read as follows:          (b)  Except as otherwise provided by this section, including   Subsection (b-3) of this section, the monthly service pension of a   member who:                (1)  is hired before October 9, 2004, including a   member hired before October 9, 2004, who involuntarily separated   from service but has been retroactively reinstated under   arbitration, civil service, or a court ruling, is equal to the sum   of:                      (A)  2.75 percent of the member's final average   pay multiplied by the member's years or partial years of service for   the member's first 20 years of service; and                      (B)  two percent of the member's final average pay   multiplied by the member's years or partial years of service for the   member's years of service in excess of the 20 years of service   described by Paragraph (A) of this subdivision; or                (2)  except as provided by Subdivision (1) of this   subsection and subject to Subsection (b-3) of this section, is   hired or rehired as an active member on or after October 9, 2004, is   equal to [ the sum of ]:                      (A)   for members with less than 20 years of   service, 2.25 percent of the member's final average pay multiplied   by the member's years or partial years of service [ for the member's   first 20 years of service ]; or                       (B)     for members with at least 20 years of   service, the sum of:                             (i)     2.75 percent of the member's final   average pay multiplied by the members first 20 years of service; and                             (ii)  [ (B) ]  two percent of the member's   final average pay multiplied by the member's years or partial years   of service in excess of 20 years of service described by   Subparagraph (i) [ Paragraph (A) ] of this paragraph [ subdivision ].          (m)  For a member who is promoted or appointed to a position   above the rank of commander or a similar position that is the   highest classified or non-appointed position in the police   department:                 (1)     before the year 2017 effective date, the member's   monthly service pension and member contributions shall be based on   the member's initial pay for that position, regardless of   subsequent promotions or appointments; and                 (2)   [ captain ] on or after the year 2017 effective   date, the member's monthly service pension and member contributions   shall be based on, as determined by the board:                       (A)  [ (1) ]  the member's pay for the position the   member held immediately before being promoted or appointed; or                       (B)  [ (2) ]  the pay of the highest civil rank for   classified police officers for those members who have no prior   service with the city, which pay must be calculated based on the   three-year average prior to retirement.           (n)     Except as provided by Subsection (m)(1) of this section,   a member's monthly service pension and contributions may not be   based on final average pay and contributions that exceed the salary   and contributions made by a member who:                 (1)     achieves the position of commander or a similar   position that is the highest classified or non-appointed position   in the police department; and                 (2)     retires or elects to participate in DROP on or   after the year 2017 effective date.          SECTION 5.  Sections 14(b), (e), and (i), Article 6243g-4,   Revised Statutes, are amended to read as follows:          (b)  An active member who [ was hired before October 9, 2004,   including a member hired before October 9, 2004, who ] has attained   normal retirement age [ been reinstated under arbitration, civil   service, or a court ruling after that date, and has at least 20   years of service with the police department ] may file with the   pension system an election to participate in DROP and receive a DROP   benefit instead of the standard form of pension provided by thi [Text truncated for display. 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