The text as introduced · 2,771 words
By: Harless
H.B. No. 2688
A BILL TO BE ENTITLED
AN ACT
relating to the public retirement systems of certain
municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. FIREFIGHTERS' RELIEF AND RETIREMENT FUND
SECTION 1.01. The heading to Article 6243e.2(1), Revised
Statutes, is amended to read as follows:
Art. 6243e.2(1). FIREFIGHTERS' RELIEF AND RETIREMENT FUND
IN MUNICIPALITIES OF AT LEAST 2,000,000 [ 1,600,000 ] POPULATION.
SECTION 1.02. Section 1(1-e), (13-e), and (15-f) Article
6243e.2(1), Revised Statutes, is amended to read as follows:
(1-e) "Assumed rate of return" means the assumed market rate
of return on fund assets, which is seven and a half percent per
annum unless adjusted as provided by this article.
(13-e) "Normal retirement age" means:
(A) [ for a member, including a member who was
hired before the year 2017 effective date and who involuntarily
separated from service but has been retroactively reinstated in
accordance with an arbitration, civil service, or court ruling,
hired before the year 2017 effective date, ] the age at which a [ the ]
member attains 20 years of service; or
(B) [ except as provided by Paragraph (A) of this
subdivision, for a member hired or rehired on or after the year 2017
effective date, ] the age at which the member first attains both the
age of at least 50 and at least 10 years of service [ sum of the
member's age, in years, and the member's years of participation in
the fund equals at least 70 ].
(15-f) "PROP account" means the notional account
established to reflect the credits and contributions of a member or
surviving spouse who made a PROP election in accordance with
Section 5A of this article [ before the year 2017 effective date ].
SECTION 1.03. Section 2(a), Article 6243e.2(1), Revised
Statutes, is amended to read as follows:
(a) A firefighters' relief and retirement fund is
established in each incorporated municipality that has a population
of at least 2,000,000 [ 1,600,000 ] and a fully paid fire department.
SECTION 1.04. Section 3A(b), Article 6243e.2(1), Revised
Statutes, is amended to read as follows:
(b) In a written agreement entered into between the
municipality and the board under this section, the parties may not:
(1) alter Sections 13A through 13F of this article, except
and only to the extent necessary to comply with federal law;
(2) (1) increase the assumed rate of return to more than
seven and a half percent per year;
(3) (2) extend the amortization period of a liability layer
to more than 30 years from the first day of the fiscal year
beginning 12 months after the date of the risk sharing valuation
study in which the liability layer is first recognized; or
(4) (3) allow a municipal contribution rate in any year that
is less than or greater than the municipal contribution rate
required under Section 13E or 13F of this article, as applicable.
SECTION 1.05. Section 4(a), Article 6243e.2(1), Revised
Statutes, is amended to read as follows:
(a) A member who terminates active service for any reason
other than death is entitled to receive a service pension provided
by this section if the member was:
(1) hired as a firefighter before the year 2017
effective date, including a member who was hired before the year
2017 effective date and who involuntarily separated from service
but has been retroactively reinstated in accordance with an
arbitration, civil service, or court ruling, at the age at which the
member attains 20 years of service; and
(2) except as provided by Subdivision (1) of this
subsection and subject to Subsection (b-2) of this section, hired
or rehired as a firefighter on or after the year 2017 effective
date, at the age at which the member attains 20 years of service
[ when the sum of the member's age in years and the member's years of
participation in the fund equals at least 70 ].
SECTION 1.06. Sections 5 Article 6243e.2(1), Revised
Statutes, is amended by amending subsections (a),(a-1), (b), and
(d) and adding subsections (a-2) and (a-3) to read as follows:
(a) A member who is eligible to receive a service pension
under Section 4 [ 4(a)(1) ] of this article and who remains in active
service may elect to participate in the deferred retirement option
plan provided by this section. [ A member who is eligible to receive
a service pension under Section 4(a)(2) of this article may not
elect to participate in the deferred retirement option plan
provided by this section. ] On subsequently terminating active
service, a member who elected the DROP may apply for a monthly
service pension under Section 4 of this article, except that the
effective date of the member's election to participate in the DROP
will be considered the member's retirement date for determining the
amount of the member's monthly service pension. The member may also
apply for any DROP benefit provided under this section on
terminating active service. An election to participate in the
DROP, once approved by the board, is irrevocable.
(a-1) The monthly benefit of a DROP participant who has at
least 20 years of participation on the year 2017 effective date is
increased at retirement by two percent of the amount of the member's
original benefit for every full year of participation in the DROP by
the member for up to 10 years of participation in the DROP. For [ a ]
such member's final year of participation, but not beyond the
member's 10th year in the DROP, if a full year of participation is
not completed, the member shall receive a prorated increase of
0.166 percent of the member's original benefit for each month of
participation in that year.
(a-2) The monthly benefit of a DROP participant who had less
than 20 years of participation on the year 2017 effective date is
increased at retirement by one percent of the amount of the member's
original benefit for every full year of participation in the DROP by
the member for up to 10 years of participation in the DROP. For a
member's final year of participation, but not beyond the member's
10th year in the DROP, if a full year of participation is not
completed, the member shall receive a prorated increase of 0.083
percent of the member's original benefit for each month of
participation in that year.
(a-3) An increase provided by [ this subsection ] subsections
(a-1) and (a-2) does not apply to benefits payable under Subsection
(l) of this section. An increase under [ this subsection] these
subsections is applied to the member's benefit at retirement and is
not added to the member's DROP account. The total increase under
[ this ] subsection (a-1) may not exceed 20 percent for 10 years of
participation in the DROP by the member. The total increase under
subsection (a-2) may not exceed 10 percent for 10 years of
participation in the DROP by the member.
(b) A member may elect to participate in the DROP by
complying with the election process established by the board. The
member's election may be made at any time beginning on the date the
member has completed 20 years of participation in the fund and is
otherwise eligible for a service pension under Section 4 [ 4(a)(1) ]
of this article. Beginning on the first day of the month following
the month in which the member makes an election to participate in
the DROP, subject to board approval, and ending on the year 2017
effective date, amounts equal to the deductions made from the
member's salary under Section 13(c) of this article shall be
credited to the member's DROP account. Beginning after the year
2017 effective date, amounts equal to the deductions made from the
member's salary under Section 13(c) of this article may not be
credited to the member's DROP account.
(d) A member's DROP account shall be credited with earnings
at an annual rate equal to 75 [ 65 ] percent of the [ compounded ]
average annual return earned by the fund over the five years
preceding, but not including, the year during which the credit is
given. Notwithstanding the preceding, however, the credit to the
member's DROP account shall be at an annual rate of not less than
2.5 percent, irrespective of actual earnings.
SECTION 1.07. Sections 8(a) and (c), Article 6243e.2(1),
Revised Statutes, are amended to read as follows:
(a) A [ On or after the year 2017 effective date, a ] member
who [ is hired as a firefighter before the year 2017 effective date,
including a member who was hired before the year 2017 effective date
and who involuntarily separated from service but has been
retroactively reinstated in accordance with an arbitration, civil
service, or court ruling, ] terminates active service for any reason
other than death with at least 10 years of participation, but less
than 20 years of participation, is entitled to a monthly deferred
pension benefit, beginning at age 50, in an amount equal to 1.7
percent of the member's average monthly salary multiplied by the
amount of the member's years of participation.
(c) A [ Except as provided by Subsection (a) of this section,
a member who is hired or rehired as a firefighter on or after the
year 2017 effective date or a ] member who terminates active service
[ employment ] for any reason other than death before the member has
completed 10 years of participation is entitled only to a refund of
the member's contributions without interest and is not entitled to
a deferred pension benefit under this section or to any other
benefit under this article. The member's refund shall be paid as
soon as administratively practicable after the effective date of
the member's termination of active service.
SECTION 1.08. Sections 11(d), Article 6243e.2(1), Revised
Statutes, are amended to read as follows:
(d) In computing a member's years of participation, time
served in the armed forces of the nation during war or national
emergency is considered continuous service. Except for that
military service, credit for prior service shall be given only if a
member returns to active service as a firefighter before the
[ fifth] tenth anniversary of a previous effective date of
termination. Notwithstanding any provision of this article to the
contrary, contributions, benefits, and service credit with respect
to qualified military service shall be provided in accordance with
Section 414(u) of the code. A member who is engaged in active duty
in any of the military services of the United States shall receive
credited pension service for the period of the military service if
the member returns to employment with the employer municipality's
fire department with an honorable discharge within the period
required by the federal reemployment Act and the period of military
service does not exceed the period prescribed by that Act. If a
member sustains an injury while on military leave under the terms of
the federal reemployment Act, pension benefits are payable based on
the off-duty disability benefit provisions prescribed by Section
6(e) of this article. If a member dies while on military leave
under the terms of the federal reemployment Act, death benefits are
payable to eligible survivors based on the off-duty death benefits
prescribed by Section 7 of this article. This subsection is
intended to comply with the federal reemployment Act. The board may
make, maintain, and amend policies and procedures as desirable or
necessary to implement the federal reemployment Act. In this
subsection, "federal reemployment Act" means the Uniformed
Services Employment and Reemployment Rights Act of 1994 (38 U.S.C.
Section 4301 et seq.), as amended.
SECTION 1.09. Sections 13B(a)(6)(E) and (H), Article
6243e.2(1), Revised Statutes, are amended to read as follows:
(E) each liability loss layer amortized over a period of 30
years from the first day of the fiscal year beginning 12 months
after the date of the risk sharing valuation study in which the
liability loss layer is first recognized, except that the legacy
liability must be amortized from July 1, 2016, for a 30-year period
beginning July 1, 2017. Any liability loss layer whose payoff year
was accelerated pursuant to section 13E(c)(4) may, at any time by
written agreement between the board and municipality, re-extend the
payoff year of the liability loss layer to a payoff year not later
than 30 years from the first day of the fiscal year beginning 12
months after the date of the risk sharing valuation study in which
the liability loss layer is first recognized;
(H) the assumed rate of return, subject to adjustment under
Section 13E(c)(2) of this article or, if Section 13C(g) of this
article applies, adjustment in accordance with a written agreement,
except the assumed rate of return may not exceed seven and a half
percent per annum;
SECTION 1.10. Sections 13C(g), Article 6243e.2(1), Revised
Statutes, is amended to read as follows:
(g) The municipality and the board may , at any time, agree
on a written transition plan for resetting the corridor midpoint . [ :
(1) if at any time the funded ratio is equal to or
greater than 100 percent; or
(2) for any fiscal year after the payoff year of the
legacy liability.]
SECTION 1.11. Sections 13E(b) and (c), Article 6243e.2(1),
Revised Statutes, is amended to read as follows:
(b) If the funded ratio is:
(1) less than 90 percent, the municipal contribution rate
for the fiscal year equals the corridor midpoint; or
(2) equal to or greater than 90 percent and the municipal
contribution rate is:
(A) equal to or greater than the minimum contribution rate,
the estimated municipal contribution rate is the municipal
contribution rate for the fiscal year; or
(B) except as provided by Subsection (e) of this section,
less than the minimum contribution rate for the corresponding
fiscal year, the municipal contribution rate for the fiscal year
equals the minimum contribution rate [ achieved in accordance with
Subsection (c) of this section ].
(c) For purposes of Subsection (b)(2)(B) of this section,
the following adjustments [ shall ] may, by written agreement between
the municipality and board entered into not later than April 30
before the first day of the next fiscal year, be applied
sequentially [ to the extent required ] to increase the estimated
municipal contribution rate to equal the minimum contribution rate:
(1) first, adjust the actuarial value of assets equal to the
current market value of assets, if making the adjustment causes the
municipal contribution rate to increase;
(2) second, [ under a written agreement between the
municipality and the board entered into not later than April 30
before the first day of the next fiscal year, ] reduce the assumed
rate of return;
(3) third, [ under a written agreement between the
municipality and the board entered into not later than April 30
before the first day of the next fiscal year, ] prospectively
restore all or part of any benefit reductions or reduce increased
employee contributions, in each case made after the year 2017
effective date; and
(4) fourth, accelerate the payoff year of the existing
liability loss layers, including the legacy liability, by
accelerating the oldest liability loss layers first, to an
amortization period that is not less than 10 years from the first
day of the fiscal year beginning 12 months after the date of the
risk sharing valuation study in which the liability loss layer is
first recognized.
SECTION 1.12. Sections 13G, Article 6243e.2(1), Revised
Statutes, is amended to read as follows:
[ (a) Nothing in this article, including Section 2(p) or
(p-1) of this article and any authority of the board to construe and
interpret this article, to determine any fact, to take any action,
or to interpret any terms used in Sections 13A through 13F of this
article, may alter or change Sections 13A through 13F of this
article.
(b)] (a) No unilateral decision or action by the board is
binding on the municipality and no unilateral decision or action by
the municipality is binding on the fund with respect to the
application of Sections 13A through 13F of this article unless
expressly provided by a provision of those sections. Nothing in
this subsection is intended to limit the powers or authority of the
board.
[ (c) ] (b) Section 10 of this article does not apply to a
benefit increase under Section 13E of this article, and Section 10
of this article is suspended while Sections 13A through 13F of this
article are in effect.
SECTION 1.13. Section 12 and section 5A(o), Article
6243e.2(1), Revised Statutes, are repealed.
SECTION 2. This Act takes effect on September 1, 2025.
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