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  H.B. No. 360
 
 
 
 
AN ACT
  relating to the crediting and charging of investment gains and
  losses on the assets held in trust by the Texas Municipal Retirement
  System and providing a guaranteed minimum credit to employee
  accounts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 855.110, Government Code, is amended by
  amending Subsection (a) and adding Subsection (d) to read as
  follows:
         (a)  The board of trustees shall adopt rates and tables that
  the board considers necessary for the retirement system after
  considering the results of the actuary's investigation of the
  mortality and service experience of the system's members and
  annuitants. In adopting rates and tables, the board of trustees
  shall adopt a discount rate that is not less than five percent in
  developing an annuity purchase rate.
         (d)  In this section:
               (1)  "Annuity purchase rate" means the present value
  factor used to convert reserves to a monthly annuity based on the
  post-retirement discount rate assumption and the life expectancy of
  the retiree or beneficiary or both the retiree and the beneficiary
  at retirement under the selected form of payment.
               (2)  "Discount rate" means the interest rate used in
  determining the present value of future cash flows.
         SECTION 2.  Section 855.111(a), Government Code, is amended
  to read as follows:
         (a)  The board of trustees shall certify all current service
  contribution rates and [,] all prior service contribution rates[,
  and the current interest rate computed in accordance with Section
  855.316(c) and approved in writing by the actuary].
         SECTION 3.  Section 855.205(d), Government Code, is amended
  to read as follows:
         (d)  On the basis of rates and tables adopted by the board,
  the actuary shall:
               (1)  annually compute the normal contribution rate for
  each participating municipality;
               (2)  annually compute the prior service contribution
  rate for each participating municipality;
               (3)  [compute the current interest rate in accordance
  with Section 855.316(b);
               [(4)]  compute the supplemental death benefits rate and
  the supplemental disability benefits rate for each participating
  municipality; and
               (4) [(5)]  make an annual valuation of the assets and
  liabilities of the funds of the retirement system.
         SECTION 4.  Section 855.307(a), Government Code, is amended
  to read as follows:
         (a)  The retirement system shall credit or charge to [deposit
  in] the account of a participating municipality in the municipality
  accumulation fund:
               (1)  all current service contributions made by the
  municipality to the retirement system;
               (2)  net investment income or loss allocated to the
  fund under Section 855.317 [interest allowed as provided by this
  subtitle on money in the fund]; and
               (3)  the withdrawal charge for reinstatement of
  credited service as provided by Section 853.003.
         SECTION 5.  Section 855.308(a), Government Code, is amended
  to read as follows:
         (a)  In addition to amounts credited or charged [deposited]
  as provided by Section 855.307, the retirement system shall credit
  to [deposit in] the account of a participating municipality in the
  municipality accumulation fund all prior service contributions
  made by the municipality to the retirement system.
         SECTION 6.  Section 855.310, Government Code, is amended to
  read as follows:
         Sec. 855.310.  INTEREST FUND.  (a)  The amount in the
  interest fund must accurately reflect the determination and
  allocation of net investment income or loss  [The retirement system
  shall deposit in the interest fund all income, interest, and
  dividends from deposits and investments authorized by this chapter.
  The system shall credit the amount of an adjustment made in
  accordance with Section 855.320 to the interest fund].
         (b)  The retirement system shall determine net investment
  income or loss annually as of December 31 in accordance with
  generally accepted accounting principles and shall allocate that
  amount each year [On December 31 of each year, the retirement system
  shall transfer money from the interest fund] in accordance with
  Section 855.317.
         SECTION 7.  Sections 855.311(c) and (e), Government Code,
  are amended to read as follows:
         (c)  The retirement system shall credit or charge to the
  interest reserve account, general reserves account, and
  distributive benefits account amounts allocated [interest] in
  accordance with Section 855.317.
         (e)  If the board of trustees determines that the amount
  credited to the distributive benefits account on December 31 of any
  year is sufficient to do so, the board by resolution may:
               (1)  authorize the distribution and payment of all or
  part of the money credited to the account to persons who were
  annuitants on that day in the ratio of the rate of the monthly
  benefit of each annuitant to the total of all annuity payments made
  by the system for the final month of the year; or
               (2)  authorize the distribution of all or part of the
  amount credited to the account to[:
                     [(A)]  each member's individual account in the
  employees saving fund as supplemental interest in the ratio of the
  amount of [current] interest paid on the individual's account to
  the [current] interest paid to all individual accounts for the
  year[; and
                     [(B)     each participating municipality's account
  in the municipality accumulation fund as supplemental interest in
  the ratio of the current interest allowed on the account of the
  municipality to the total current interest paid to all
  municipalities' accounts for the year].
         SECTION 8.  Section 855.312(b), Government Code, is amended
  to read as follows:
         (b)  The board of trustees by resolution recorded in its
  minutes shall transfer from the interest reserve account of the
  endowment fund to the expense fund the amount that exceeds the
  amount needed to provide adequate reserves as provided by Section
  855.317 [against insufficient earnings on investments and against
  special and contingency requirements of other funds of the system]
  and that is needed to pay the system's estimated expenses for the
  fiscal year.
         SECTION 9.  Section 855.316, Government Code, is amended to
  read as follows:
         Sec. 855.316.  INTEREST RATES.  [(a)]  Unless this subtitle
  expressly specifies [states that interest is computed using the
  current interest rate or] another [specified] rate of interest, for
  periods after December 31, 2008, the rate of interest is five
  percent compounded annually, plus any other amounts the board of
  trustees is expressly authorized to provide. Notwithstanding any
  other provision in this chapter, the interest credited to the
  employees saving fund in a calendar year may not be less than five
  percent as allocated under Section 855.317(a) [computed using the
  rate of:
               [(1)     2-1/2 percent a year compounded annually for
  periods before January 1, 1970;
               [(2)     3 percent a year compounded annually for periods
  after December 31, 1969, and before January 1, 1977;
               [(3)     4 percent a year compounded annually for periods
  after December 31, 1976, and before January 1, 1982; and
               [(4)     5 percent a year compounded annually for periods
  after December 31, 1981].
         [(b)  The current interest rate is the lesser of:
               [(1)     the interest rate prescribed by Subsection (a);
  or
               [(2)  the interest rate computed by:
                     [(A)     adding to the amount in the municipality
  accumulation fund on January 1 of the year for which the computation
  is made the sum of the accumulated contributions in the employees
  saving fund on January 1 of the year of all persons who are members
  on December 31 of the year, before any transfers for retirements
  effective December 31 of the year are made, and the amount in the
  endowment fund, after transfer of money to the expense fund, on
  January 1 of the year; and
                     [(B)     dividing the amount in the interest fund on
  December 31 of that year after the transfer of interest to the
  current service annuity reserve fund, municipality accumulation
  fund, supplemental disability benefits fund, and supplemental
  death benefits fund, by the amount computed under Paragraph (A).]
         SECTION 10.  The heading to Section 855.317, Government
  Code, is amended to read as follows:
         Sec. 855.317.  ANNUAL ALLOCATION OF NET INVESTMENT INCOME OR
  LOSS [TRANSFER OF ASSETS] FROM INTEREST FUND.
         SECTION 11.  Sections 855.317(a) and (b), Government Code,
  are amended to read as follows:
         (a)  Effective as of [On] December 31 of each year, the board
  of trustees shall make the following allocations from the interest
  fund that in the aggregate equal the net investment income or loss
  for the year [transfer from the interest fund the following
  amounts]:
               (1)  to the current service annuity reserve fund,
  interest on the mean amount in the current service annuity reserve
  fund during that year;
               (2)  to the supplemental disability benefits fund,
  interest on the mean amount in the supplemental disability benefits
  fund during that year;
               (3)  to the supplemental death benefits fund, interest
  on the mean amount in the supplemental death benefits fund during
  that year;
               (4)  to the accounts in the municipality accumulation
  fund, an amount derived by applying a positive or negative rate, as
  determined by the board of trustees in its sole discretion to the
  January 1 balances of that year for each of those accounts [current
  interest on the amount in the municipality accumulation fund on
  January 1 of that year];
               (5)  to the interest reserve account of the endowment
  fund, a positive or negative amount as determined by the board of
  trustees in its sole discretion [current interest on the amount in
  the endowment fund on January 1 of that year]; and
               (6)  to the employees saving fund, [current] interest
  on the sum of the accumulated contributions in the employees saving
  fund credited on January 1 of that year to all persons who are
  members on December 31 of that year before any transfers for
  retirement effective December 31 of that year are made.
         (b)  In making allocations under this section, the board of
  trustees shall, without regard to the amount of net investment
  income or loss for the calendar year, first allocate interest as
  specified in Section 855.316 to those funds or accounts referenced
  in Subsections (a)(1), (2), (3), and (6). The board shall then
  allocate the remaining net investment income or loss between the
  funds or accounts referenced in Subsections (a)(4) and (5) in rates
  or amounts determined by the board in its sole discretion.  The
  board of trustees shall accumulate the amount of assets in
  [transfer to] the interest reserve account of the endowment fund
  [the portion of the amount remaining in the interest fund after the
  transfers required by Subsection (a) are made] that the board in its
  sole discretion determines is necessary:
               (1)  to provide adequate reserves to:
                     (A)  mitigate the effects of future investment
  return volatility and [against] insufficient net investment
  income; and
                     (B)  provide reasonable rate stabilization for
  participating municipalities [future earnings on investments to
  allow interest on the retirement system's funds];
               (2)  to provide adequate reserves against special and
  contingency requirements of other funds of the system; and
               (3)  to provide the amount required for the
  administration expenses of the system for the following year.
         SECTION 12.  Section 855.320, Government Code, is repealed.
         SECTION 13.  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, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 360 was passed by the House on April
  22, 2009, by the following vote:  Yeas 149, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 360 was passed by the Senate on May
  14, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor