1 | 1 | | 81R11601 KFF-D |
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2 | 2 | | By: Kent H.B. No. 4199 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to public financing of the public education employee |
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8 | 8 | | retirement system and an annual cost-of-living adjustment for |
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9 | 9 | | certain retirement benefits. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Subchapter A, Chapter 824, Government Code, is |
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12 | 12 | | amended by adding Section 824.007 to read as follows: |
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13 | 13 | | Sec. 824.007. ANNUAL COST-OF-LIVING ADJUSTMENT. (a) The |
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14 | 14 | | amount of a monthly service retirement benefit, disability |
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15 | 15 | | retirement benefit, or death benefit paid under this chapter is |
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16 | 16 | | increased to include an annual cost-of-living adjustment in |
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17 | 17 | | accordance with this section. |
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18 | 18 | | (b) Effective September 1 of each year, the board of |
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19 | 19 | | trustees shall recompute the amount of a benefit paid monthly under |
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20 | 20 | | this chapter by applying the cost-of-living adjustment to the |
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21 | 21 | | monthly amount otherwise required to be paid as determined in |
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22 | 22 | | accordance with this chapter, including the amount of any previous |
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23 | 23 | | cost-of-living adjustment made under this section or other increase |
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24 | 24 | | required by law. |
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25 | 25 | | (c) The amount of a cost-of-living adjustment made under |
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26 | 26 | | this section is equal to the automatic cost-of-living adjustment |
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27 | 27 | | made by the United States Social Security Administration and |
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28 | 28 | | applicable to social security benefits in December of the year |
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29 | 29 | | preceding the year in which the adjustment under Subsection (b) is |
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30 | 30 | | made. |
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31 | 31 | | SECTION 2. Sections 825.404(a) and (b), Government Code, |
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32 | 32 | | are amended to read as follows: |
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33 | 33 | | (a) During each fiscal year, the state shall contribute to |
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34 | 34 | | the retirement system an amount sufficient to amortize, within a |
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35 | 35 | | 30-year funding period, the actuarial liability of the retirement |
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36 | 36 | | system for service retirement benefits, disability retirement |
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37 | 37 | | benefits, and death benefits, including the amount of the annual |
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38 | 38 | | cost-of-living adjustment applied under Section 824.007, provided |
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39 | 39 | | under this subtitle for members, retirees, and beneficiaries. The |
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40 | 40 | | amount must be determined based on the annual August 31 actuarial |
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41 | 41 | | valuation and must be equal to at least six and not more than 10 |
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42 | 42 | | percent of the aggregate annual compensation of all members of the |
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43 | 43 | | retirement system during that fiscal year. The amount of the state |
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44 | 44 | | contribution made under this section may not be less than the amount |
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45 | 45 | | contributed by members during that fiscal year in accordance with |
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46 | 46 | | Section 825.402. |
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47 | 47 | | (b) Before November 2 of each even-numbered year, the board |
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48 | 48 | | of trustees shall certify to the comptroller of public accounts for |
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49 | 49 | | review and adoption an estimate of the amount necessary to pay the |
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50 | 50 | | state's contributions to the retirement system for the following |
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51 | 51 | | biennium. At the time the board of trustees makes the certification |
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52 | 52 | | under this subsection, the board of trustees shall report the |
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53 | 53 | | amount certified to the lieutenant governor, the speaker of the |
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54 | 54 | | house of representatives, and the presiding officers of the |
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55 | 55 | | appropriate committees of the house and the senate. |
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56 | 56 | | SECTION 3. This Act takes effect immediately if it receives |
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57 | 57 | | a vote of two-thirds of all the members elected to each house, as |
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58 | 58 | | provided by Section 39, Article III, Texas Constitution. If this |
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59 | 59 | | Act does not receive the vote necessary for immediate effect, this |
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60 | 60 | | Act takes effect September 1, 2009. |
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