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AN ACT
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relating to certain disability and death benefits payable by the |
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public retirement systems for police and fire fighters in certain |
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municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the David Walters Act. |
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SECTION 2. Section 6.04(f), Article 6243a-1, Revised |
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Statutes, is amended to read as follows: |
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(f) Subject to Subsections (f-1), (f-3), and (g) of this |
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section, the disability pension of a Group B member shall be |
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calculated as follows: |
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(1) for a member who began active service before March |
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1, 2011, the member's disability pension shall be the sum of: |
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(A) the member's number of years of pension |
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service earned before September 1, 2017, prorated for fractional |
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years, times three percent of the average computation pay |
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determined over the 36 consecutive months of pension service in |
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which the member received the highest computation pay; plus |
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(B) the number of years of pension service, |
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including pension service credit imputed under Section 6.05(c) of |
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this article, earned on or after September 1, 2017, prorated for |
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fractional years, times 2.5 percent [the applicable percentage |
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prescribed by Section 6.02(b-1) of this article] of the average |
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computation pay determined over the 60 consecutive months of |
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pension service in which the member received the highest |
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computation pay; or |
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(2) for a member who began active service on or after |
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March 1, 2011, the member's disability pension shall be the number |
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of years of pension service, including pension service credit |
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imputed under Section 6.05(c) of this article, prorated for |
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fractional years, times 2.5 percent of the average computation pay |
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determined over the 60 consecutive months of pension service in |
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which the member received the highest computation pay. |
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SECTION 3. Section 6.08, Article 6243a-1, Revised Statutes, |
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is amended by amending Subsections (b) and (b-2) and adding |
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Subsections (b-4) and (b-5) to read as follows: |
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(b) Subject to Subsection (b-2) of this section, death |
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benefits shall be computed as follows for the qualified survivors |
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of Group B members who die while on active service: |
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(1) the death benefit of a qualified survivor who is |
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the spouse of a member who began active service: |
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(A) before March 1, 2011, shall be the sum of: |
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(i) the number of years of pension service |
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earned before September 1, 2017, prorated for fractional years, |
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times, except as provided by Subsection (b-4) of this section, 1.5 |
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percent of the average computation pay determined over the 36 |
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consecutive months of pension service in which the Group B member |
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received the highest computation pay; plus |
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(ii) the number of years of pension |
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service, including pension service credit imputed under Section |
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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 |
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this section, 1.25 percent [the applicable percentage rate set |
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forth below] of the average computation pay determined over the 60 |
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consecutive months of pension service in which the Group B member |
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received the highest computation pay[: |
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[Age of Member When Retirement Pension Begins |
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Percent |
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[53 and younger |
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1.0%]; or |
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(B) on or after March 1, 2011, shall be the number |
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of years of pension service, including pension service imputed |
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under Section 6.05(c) of this article, prorated for fractional |
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years, times, except as provided by Subsection (b-4) of this |
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section, 1.25 percent of the average computation pay determined |
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over the 60 consecutive months of pension service in which the Group |
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B member received the highest computation pay; |
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(2) the death benefit of qualified survivors who are a |
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member's children shall be computed in the same manner as a spouse's |
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benefit is computed under Subdivision (1)(A) or (B) of this |
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subsection, as applicable, and shall be divided equally among all |
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of the children who are qualified survivors; and |
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(3) the death benefit of each qualified survivor who |
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is a member's dependent parent shall be computed in the same manner |
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as a spouse's Group B benefit is computed under Subdivision (1)(A) |
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or (B) of this subsection, as applicable. |
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(b-2) The death benefit calculated under Subsection (b) of |
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this section may not exceed the greater of: |
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(1) except as provided by Subsection (b-4) of this |
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section, 45 percent of the member's average computation pay |
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determined over the 36 or 60 consecutive months, as applicable, in |
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which the Group B member received the highest computation pay; or |
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(2) the vested and accrued death benefit as determined |
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on August 31, 2017. |
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(b-4) If a member dies in the line of duty, as determined by |
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the board under Subsection (b-5) of this section, the percentage |
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rate applied to the member's average computation pay under: |
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(1) Subsection (b)(1)(A)(i) of this section is 3 |
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percent instead of 1.5 percent at such time as there are qualified |
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survivors who are either the member's children or surviving spouse, |
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but not both; |
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(2) Subsection (b)(1)(A)(ii) of this section is 2.5 |
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percent instead of 1.25 percent at such time as there are qualified |
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survivors who are either the member's children or surviving spouse, |
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but not both; |
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(3) Subsection (b)(1)(B) of this section is 2.5 |
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percent instead of 1.25 percent at such time as there are qualified |
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survivors who are either the member's children or surviving spouse, |
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but not both; and |
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(4) Subsection (b-2)(1) is 90 percent instead of 45 |
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percent. |
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(b-5) A member is considered to have died in the line of duty |
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if the member's death is caused by the performance of the member's |
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duties for the member's department. The board shall determine |
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whether a member died in the line of duty. In making a determination |
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under this subsection, the board may consider as guidance the |
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determination of the same or similar issue made by another |
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governmental entity. |
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SECTION 4. Section 6.04(f), Article 6243a-1, Revised |
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Statutes, as amended by this Act, applies only to a disability |
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pension for which an application is filed on or after the effective |
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date of this Act. A disability pension for which an application is |
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filed before the effective date of this Act is governed by the law |
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in effect immediately before the effective date of this Act, and the |
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former law is continued in effect for that purpose. |
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SECTION 5. (a) In this section, "board" and "member" have |
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the meanings assigned by Section 2.01, Article 6243a-1, Revised |
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Statutes. |
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(b) Subject to Subsection (c) of this section, Section 6.08, |
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Article 6243a-1, Revised Statutes, as amended by this Act, applies |
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only to a death benefit payable on or after the effective date of |
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this Act. |
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(c) If a member died in the line of duty before September 1, |
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2023, as determined by the board in accordance with Section |
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6.08(b-5), Article 6243a-1, Revised Statutes, as added by this Act, |
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the death benefit payable on or after September 1, 2023, to the |
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member's surviving spouse or children shall be adjusted in |
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accordance with Section 6.08(b-4), Article 6243a-1, Revised |
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Statutes, as added by this Act, as applicable. The surviving spouse |
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or children of a member described by this subsection are not |
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entitled to payment of any adjusted benefits relating to death |
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benefits paid before September 1, 2023. |
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SECTION 6. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4034 was passed by the House on May 2, |
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2023, by the following vote: Yeas 140, Nays 4, 3 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 4034 on May 24, 2023, by the following vote: Yeas 144, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4034 was passed by the Senate, with |
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amendments, on May 18, 2023, by the following vote: Yeas 30, Nays |
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1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |
