Texas HB 4034: Relating to certain disability and death benefits payable by the public retirement systems for police and fire fighters in certain municipalities.

Bill Text

H.B.ANo.A4034
AN ACT
relating to certain disability and death benefits payable by the
public retirement systems for police and fire fighters in certain
municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AAThis Act may be cited as the David Walters Act.
SECTIONA2.AASection 6.04(f), Article 6243a-1, Revised
Statutes, is amended to read as follows:
(f)AASubject to Subsections (f-1), (f-3), and (g) of this
section, the disability pension of a Group B member shall be
calculated as follows:
(1)AAfor a member who began active service before March
1, 2011, the member’s disability pension shall be the sum of:
(A)AAthe member’s number of years of pension
service earned before September 1, 2017, prorated for fractional
years, times three percent of the average computation pay
determined over the 36 consecutive months of pension service in
which the member received the highest computation pay; plus
(B)AAthe number of years of pension service,
including pension service credit imputed under Section 6.05(c) of
this article, earned on or after September 1, 2017, prorated for
fractional years, times 2.5 percent [the applicable percentage
prescribed by Section 6.02(b-1) of this article] of the average
computation pay determined over the 60 consecutive months of
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pension service in which the member received the highest
computation pay; or
(2)AAfor a member who began active service on or after
March 1, 2011, the member’s disability pension shall be the number
of years of pension service, including pension service credit
imputed under Section 6.05(c) of this article, prorated for
fractional years, times 2.5 percent of the average computation pay
determined over the 60 consecutive months of pension service in
which the member received the highest computation pay.
SECTIONA3.AASection 6.08, Article 6243a-1, Revised Statutes,
is amended by amending Subsections (b) and (b-2) and adding
Subsections (b-4) and (b-5) to read as follows:
(b)AASubject to Subsection (b-2) of this section, death
benefits shall be computed as follows for the qualified survivors
of Group B members who die while on active service:
(1)AAthe death benefit of a qualified survivor who is
the spouse of a member who began active service:
(A)AAbefore March 1, 2011, shall be the sum of:
(i)AAthe number of years of pension service
earned before September 1, 2017, prorated for fractional years,
times, except as provided by Subsection (b-4) of this section, 1.5
percent of the average computation pay determined over the 36
consecutive months of pension service in which the Group B member
received the highest computation pay; plus
(ii)AAthe number of years of pension
service, including pension service credit imputed under Section
6.05(c) of this article, after September 1, 2017, prorated for
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fractional years, times, except as provided by Subsection (b-4) of
this section, 1.25 percent [the applicable percentage rate set
forth below] of the average computation pay determined over the 60
consecutive months of pension service in which the Group B member
received the highest computation pay[:
[Age of Member When Retirement Pension Begins A Percent
[58 and older A 1.25%
[57 A 1.2%
[56 A 1.15%
[55 A 1.10%
[54 A 1.05%
[53 and younger A 1.0%]; or
(B)AAon or after March 1, 2011, shall be the number
of years of pension service, including pension service imputed
under Section 6.05(c) of this article, prorated for fractional
years, times, except as provided by Subsection (b-4) of this
section, 1.25 percent of the average computation pay determined
over the 60 consecutive months of pension service in which the Group
B member received the highest computation pay;
(2)AAthe death benefit of qualified survivors who are a
member’s children shall be computed in the same manner as a spouse’s
benefit is computed under Subdivision (1)(A) or (B) of this
subsection, as applicable, and shall be divided equally among all
of the children who are qualified survivors; and
(3)AAthe death benefit of each qualified survivor who
is a member’s dependent parent shall be computed in the same manner
as a spouse’s Group B benefit is computed under Subdivision (1)(A)
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or (B) of this subsection, as applicable.
(b-2)AAThe death benefit calculated under Subsection (b) of
this section may not exceed the greater of:
(1)AAexcept as provided by Subsection (b-4) of this
section, 45 percent of the member’s average computation pay
determined over the 36 or 60 consecutive months, as applicable, in
which the Group B member received the highest computation pay; or
(2)AAthe vested and accrued death benefit as determined
on August 31, 2017.
(b-4)AAIf a member dies in the line of duty, as determined by
the board under Subsection (b-5) of this section, the perc