Metcalf Bill Lets Pension Boards Pay $1M Officer Death Benefits

The text as introduced · 449 words

90R1103 RDR-F

By: Metcalf
H.B. No. 125

A BILL TO BE ENTITLED

AN ACT

relating to certain death benefits for peace officers under public

retirement systems.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 810, Government Code, is amended by

adding Section 810.007 to read as follows:

Sec. 810.007. LUMP-SUM DEATH BENEFIT FOR PEACE OFFICERS.

(a) In this section, "governing body of a public retirement system"

and "public retirement system" have the meanings assigned by

Section 802.001.

(b) Notwithstanding any other law, the governing body of a

public retirement system by rule may provide a death benefit in the

event of the death of an active member of the system who is a peace

officer and who dies as the direct and proximate result of a

personal injury associated with a single event and sustained in the

performance of a member's employment duties as a peace officer.

(c) The death benefit under Subsection (b) is payable in a

lump sum not to exceed $1,000,000 to the member's surviving spouse,

or if the member has no surviving spouse, to the member's surviving

children. If the member has no surviving spouse or surviving

children at the time of the member's death, the benefit is payable

to the member's estate. If a member has more than one surviving

child who is entitled to the benefit, the benefit must be split

equally between each of the member's surviving children.

(d) The rule adopted under Subsection (b) must:

(1) require the governing body of a public retirement

system to ensure, after consulting with the system's actuary, that

payment of the death benefit would not threaten the actuarial

soundness of the system; and

(2) prohibit the system from paying the benefit if

paying the benefit would threaten the actuarial soundness of the

system.

(e) If the public retirement system does not employ an

actuary, the system may contract with an actuary for purposes of

Subsection (d).

(f) If the governing body of a public retirement system

adopts a death benefit under Subsection (b), the governing body

shall revise the system's plan documents as necessary to ensure

that the system's benefit plan remains a qualified plan under

Section 401(a), Internal Revenue Code of 1986.

SECTION 2. Section 810.007, Government Code, as added by

this Act, applies only to a death occurring on or after the

effective date of this Act.

SECTION 3. 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, 2027.