1 | 1 | | H.B. No. 2283 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to increasing state employee participation in the |
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6 | 6 | | TexaSaver program. |
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7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | SECTION 1. Section 609.006(a), Government Code, is amended |
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9 | 9 | | to read as follows: |
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10 | 10 | | (a) A deferred compensation plan must conform to federal law |
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11 | 11 | | to provide that deferred amounts and investment income are not |
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12 | 12 | | includable, for federal income tax purposes, in the gross income of |
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13 | 13 | | a participating employee until distributed to the employee, subject |
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14 | 14 | | to the employee's option to designate all or a portion of deferred |
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15 | 15 | | amounts as Roth contributions under Section 609.5021, the federal |
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16 | 16 | | income tax treatment of which is governed by Section 402A, Internal |
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17 | 17 | | Revenue Code of 1986. |
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18 | 18 | | SECTION 2. Subchapter C, Chapter 609, Government Code, is |
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19 | 19 | | amended by adding Section 609.5021 to read as follows: |
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20 | 20 | | Sec. 609.5021. ROTH CONTRIBUTION PROGRAMS. The board of |
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21 | 21 | | trustees may: |
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22 | 22 | | (1) establish a qualified Roth contribution program in |
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23 | 23 | | accordance with Section 402A, Internal Revenue Code of 1986, under |
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24 | 24 | | which an employee may designate all or a portion of the employee's |
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25 | 25 | | contribution under a 401(k) plan as a Roth contribution at the time |
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26 | 26 | | the contribution is made; and |
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27 | 27 | | (2) if authorized by federal law, establish a program |
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28 | 28 | | in accordance with the applicable federal law under which an |
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29 | 29 | | employee may designate all or a portion of the employee's |
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30 | 30 | | contribution under a 457 plan as a Roth contribution at the time the |
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31 | 31 | | contribution is made. |
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32 | 32 | | SECTION 3. Section 609.5025(d), Government Code, is amended |
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33 | 33 | | to read as follows: |
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34 | 34 | | (d) At any time, an employee participating in a 401(k) plan |
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35 | 35 | | under this section may, in accordance with rules adopted by the |
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36 | 36 | | board of trustees, elect to end participation in the 401(k) plan, to |
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37 | 37 | | contribute to a different investment product, [or] to contribute a |
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38 | 38 | | different amount to the plan, or to designate all or a portion of |
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39 | 39 | | the employee's contribution as a Roth contribution subject to the |
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40 | 40 | | availability of a Roth contribution program under Section 609.5021. |
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41 | 41 | | SECTION 4. Subchapter C, Chapter 609, Government Code, is |
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42 | 42 | | amended by adding Section 609.5026 to read as follows: |
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43 | 43 | | Sec. 609.5026. STATE MATCHING CONTRIBUTIONS. Subject to a |
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44 | 44 | | separate legislative appropriation for that purpose, the Employees |
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45 | 45 | | Retirement System of Texas may make matching contributions to a |
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46 | 46 | | 401(k) plan on behalf of employees participating in the plan solely |
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47 | 47 | | from, and in an amount specified by, the appropriation. |
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48 | 48 | | SECTION 5. This Act takes effect September 1, 2009. |
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49 | 49 | | ______________________________ ______________________________ |
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50 | 50 | | President of the Senate Speaker of the House |
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51 | 51 | | I certify that H.B. No. 2283 was passed by the House on April |
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52 | 52 | | 30, 2009, by the following vote: Yeas 128, Nays 1, 1 present, not |
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53 | 53 | | voting; and that the House concurred in Senate amendments to H.B. |
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54 | 54 | | No. 2283 on May 23, 2009, by the following vote: Yeas 144, Nays 0, |
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55 | 55 | | 2 present, not voting. |
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56 | 56 | | ______________________________ |
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57 | 57 | | Chief Clerk of the House |
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58 | 58 | | I certify that H.B. No. 2283 was passed by the Senate, with |
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59 | 59 | | amendments, on May 19, 2009, by the following vote: Yeas 30, Nays |
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60 | 60 | | 0. |
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61 | 61 | | ______________________________ |
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62 | 62 | | Secretary of the Senate |
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63 | 63 | | APPROVED: __________________ |
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64 | 64 | | Date |
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65 | 65 | | __________________ |
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66 | 66 | | Governor |
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