89R24464 RDR-F     By: Metcalf H.B. No. 4534     Substitute the following for H.B. No. 4534:     By:  Bumgarner C.S.H.B. No. 4534       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, 2025.