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A BILL TO BE ENTITLED
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AN ACT
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relating to the participation in the Texas Municipal Retirement |
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System of certain employees of certain municipalities subject to |
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the Texas Local Fire Fighters Retirement Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The Texas Local Fire Fighters Retirement Act |
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(Article 6243e, Vernon's Texas Civil Statutes) is amended by adding |
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Section 31A to read as follows: |
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Sec. 31A. AUTHORITY OF CERTAIN RETIREMENT SYSTEMS TO |
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EXCLUDE CERTAIN PERSONS FROM COVERAGE. (a) In this section, |
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"closure effective date" means the first day of the second month |
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after the month in which the Texas Municipal Retirement System |
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receives retirement system plan documents under Subsection (f)(2) |
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of this section. |
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(b) This section applies only to a municipality: |
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(1) with a population of less than 200,000; |
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(2) that is located in a county with a population of |
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not less than 2 million and not more than 4 million; |
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(3) that has a regularly organized fire department for |
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which a retirement system and fund have been established under |
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Section 4 of this Act; and |
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(4) that before January 1, 2017, has one or more |
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departments participating in the Texas Municipal Retirement |
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System. |
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(c) Subject to the requirements of this section, the |
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governing body of a municipality subject to this section may adopt |
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one or more ordinances to exclude from participation in the |
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retirement system employees of the fire department first hired on |
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or after the closure effective date. |
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(d) If the governing body of a municipality adopts an |
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ordinance under Subsection (c) of this section, the governing body |
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shall concurrently adopt an ordinance to allow the employees |
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described by the ordinance to participate in the Texas Municipal |
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Retirement System. |
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(e) Not later than the 60th day after the date an ordinance |
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is adopted under Subsection (c) of this section, the municipality |
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shall submit the ordinance to an election of the participating |
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members of the retirement system established in the municipality. |
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To be approved at the election, a majority of the participating |
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members must vote in favor of the ordinance. |
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(f) If the voting members approve an ordinance under |
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Subsection (e) of this section, as soon as practicable after the |
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date of the election: |
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(1) the board of trustees of the retirement system |
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shall amend the retirement system plan documents as necessary to be |
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consistent with the approved ordinance; and |
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(2) the municipality shall give written notice of the |
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results of the election to the Texas Municipal Retirement System |
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and include copies of the relevant ordinances and any amended |
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retirement system plan documents. |
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(g) If a municipality adopts ordinances under Subsections |
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(c) and (d) of this section, all subsequent actions authorized or |
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required by this section must be completed before October 1, 2018. |
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If all subsequent actions are not completed before October 1, 2018: |
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(1) as soon as practicable after that date, the Texas |
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Municipal Retirement System shall publish notice to that effect in |
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the Texas Register; and |
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(2) Section 851.0011, Government Code, this section, |
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and the ordinances adopted under Subsections (c) and (d) of this |
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section expire on October 1, 2018. |
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SECTION 2. Subchapter A, Chapter 851, Government Code, is |
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amended by adding Section 851.0011 to read as follows: |
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Sec. 851.0011. ALTERNATIVE DEFINITION OF DEPARTMENT. (a) |
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This section applies only with respect to a municipality: |
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(1) with a population of less than 200,000; |
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(2) that is located in a county with a population of |
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not less than 2 million and not more than 4 million; |
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(3) that has a regularly organized fire department for |
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which a retirement system and fund have been established under |
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Section 4, Texas Local Fire Fighters Retirement Act (Article 6243e, |
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Vernon's Texas Civil Statutes); and |
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(4) that before January 1, 2017, has one or more |
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departments participating in the retirement system. |
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(b) Notwithstanding Section 851.001(7), "department" in |
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this subtitle includes employees of a municipality described by |
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Subsection (a) who are allowed to participate in the retirement |
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system under Section 31A, Texas Local Fire Fighters Retirement Act |
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(Article 6243e, Vernon's Texas Civil Statutes), because the |
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municipality completed all actions authorized or required by that |
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section within the time prescribed by that section. |
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(c) If a municipality fails to complete all actions |
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authorized or required by Section 31A, Texas Local Fire Fighters |
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Retirement Act (Article 6243e, Vernon's Texas Civil Statutes), |
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before October 1, 2018, this section expires on October 1, 2018, in |
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accordance with Section 31A(g), Texas Local Fire Fighters |
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Retirement Act (Article 6243e, Vernon's Texas Civil Statutes). |
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SECTION 3. This Act takes effect September 1, 2017. |
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