Texas 2009 - 81st Regular

Texas House Bill HR2947 Compare Versions

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1	1	H.R. No. 2947
2	2
3	3
4	4	R E S O L U T I O N
5	5	BE IT RESOLVED by the House of Representatives of the State of
6	6	Texas, 81st Legislature, Regular Session, 2009, That House Rule 13,
7	7	Section 9(a), be suspended in part as provided by House Rule 13,
8	8	Section 9(f), to enable the conference committee appointed to
9	9	resolve the differences on House Bill 3347 (plan qualification
10	10	provisions for and certain supplemental payments and health
11	11	insurance deductions under the Teacher Retirement System of Texas)
12	12	to consider and take action on the following matter:
13	13	House Rule 13, Section 9(a)(4), is suspended to permit the
14	14	committee to add the following new SECTION 5 to the bill:
15	15	SECTION 5. (a) The Teacher Retirement System of Texas
16	16	shall make a one-time supplemental payment of a retirement or death
17	17	benefit as provided by this section.
18	18	(b) The supplemental payment is payable to each eligible
19	19	annuitant not later than January 2010 and, to the extent
20	20	practicable, on a date or dates that coincide with the regular
21	21	annuity payment payable to each eligible annuitant.
22	22	(c) The amount of the supplemental payment is equal to the
23	23	lesser of:
24	24	(1) the gross amount of the regular annuity payment to
25	25	which the eligible annuitant is otherwise entitled for the month of
26	26	December 2009; or
27	27	(2) $500.
28	28	(d) The supplemental payment is payable without regard to
29	29	any forfeiture of benefits under Section 824.601, Government Code.
30	30	The Teacher Retirement System of Texas shall make applicable tax
31	31	withholding and other legally required deductions before
32	32	disbursing the supplemental payment. A supplemental payment under
33	33	this section is in addition to and not in lieu of the regular
34	34	monthly annuity payment to which the eligible annuitant is
35	35	otherwise entitled.
36	36	(e) Subject to Subsection (f) of this section, to be
37	37	eligible for the supplemental payment, a person must be, for the
38	38	month of December 2009, and disregarding any forfeiture of benefits
39	39	under Section 824.601, Government Code, an annuitant eligible to
40	40	receive:
41	41	(1) a standard retirement annuity payment;
42	42	(2) an optional retirement annuity payment as either a
43	43	retiree or beneficiary;
44	44	(3) a life annuity payment under Section
45	45	824.402(a)(4), Government Code;
46	46	(4) an annuity for a guaranteed period of 60 months
47	47	under Section 824.402(a)(3), Government Code; or
48	48	(5) an alternate payee annuity payment under Section
49	49	804.005, Government Code.
50	50	(f) If the annuitant is a retiree or if the annuitant is a
51	51	beneficiary of a retiree who selected an optional retirement
52	52	payment plan, to be eligible for the supplemental payment, the
53	53	effective date of the retirement of the member of the Teacher
54	54	Retirement System of Texas must have been on or before December 31,
55	55	2008. If the annuitant is a beneficiary under Section
56	56	824.402(a)(3) or (4), Government Code, to be eligible for the
57	57	supplemental payment, the date of death of the member of the
58	58	retirement system must have been on or before December 31, 2008.
59	59	The supplemental payment shall be made to an alternate payee who is
60	60	an annuitant under Section 804.005, Government Code, only if the
61	61	annuity payment to the alternate payee commenced on or before
62	62	December 31, 2008. The supplemental payment is in addition to the
63	63	guaranteed number of payments under Section 824.402(a)(3),
64	64	Government Code, Section 824.204(c)(3) or (4), Government Code, or
65	65	Section 824.308(c)(3) or (4), Government Code, and may not be
66	66	counted as one of the guaranteed monthly payments.
67	67	(g) The supplemental payment does not apply to payments
68	68	under:
69	69	(1) Section 824.304(a), Government Code, relating to
70	70	disability retirees with less than 10 years of service credit;
71	71	(2) Section 824.804(b), Government Code, relating to
72	72	participants in the deferred retirement option plan with regard to
73	73	payments from their deferred retirement option plan accounts;
74	74	(3) Section 824.501(a), Government Code, relating to
75	75	retiree survivor beneficiaries who receive a survivor annuity in an
76	76	amount fixed by statute; or
77	77	(4) Section 824.404(a), Government Code, relating to
78	78	active member survivor beneficiaries who receive a survivor annuity
79	79	in an amount fixed by statute.
80	80	(h) Except as provided by this section, the board of
81	81	trustees of the Teacher Retirement System of Texas shall determine
82	82	the eligibility for and the amount and timing of a supplemental
83	83	payment and the manner in which the payment is made.
84	84	(i) The supplemental payment is contingent on sufficient
85	85	funds being appropriated from general revenue to the Teacher
86	86	Retirement System of Texas for this purpose and may not be paid from
87	87	trust funds.
88	88	Explanation: This addition is necessary to provide a
89	89	supplemental payment to eligible retirees and beneficiaries who
90	90	receive payments from the Teacher Retirement System of Texas.
91	91	Truitt
92	92	______________________________
93	93	Speaker of the House
94	94	I certify that H.R. No. 2947 was adopted by the House on May
95	95	31, 2009, by the following vote: Yeas 146, Nays 0, 1 present, not
96	96	voting.
97	97	______________________________
98	98	Chief Clerk of the House