H.R. No. 2947
R E S O L U T I O N
BE IT RESOLVED by the House of Representatives of the State of
Texas, 81st Legislature, Regular Session, 2009, That House Rule 13,
Section 9(a), be suspended in part as provided by House Rule 13,
Section 9(f), to enable the conference committee appointed to
resolve the differences on House Bill 3347 (plan qualification
provisions for and certain supplemental payments and health
insurance deductions under the Teacher Retirement System of Texas)
to consider and take action on the following matter:
House Rule 13, Section 9(a)(4), is suspended to permit the
committee to add the following new SECTION 5 to the bill:
SECTION 5. (a) The Teacher Retirement System of Texas
shall make a one-time supplemental payment of a retirement or death
benefit as provided by this section.
(b) The supplemental payment is payable to each eligible
annuitant not later than January 2010 and, to the extent
practicable, on a date or dates that coincide with the regular
annuity payment payable to each eligible annuitant.
(c) The amount of the supplemental payment is equal to the
lesser of:
(1) the gross amount of the regular annuity payment to
which the eligible annuitant is otherwise entitled for the month of
December 2009; or
(2) $500.
(d) The supplemental payment is payable without regard to
any forfeiture of benefits under Section 824.601, Government Code.
The Teacher Retirement System of Texas shall make applicable tax
withholding and other legally required deductions before
disbursing the supplemental payment. A supplemental payment under
this section is in addition to and not in lieu of the regular
monthly annuity payment to which the eligible annuitant is
otherwise entitled.
(e) Subject to Subsection (f) of this section, to be
eligible for the supplemental payment, a person must be, for the
month of December 2009, and disregarding any forfeiture of benefits
under Section 824.601, Government Code, an annuitant eligible to
receive:
(1) a standard retirement annuity payment;
(2) an optional retirement annuity payment as either a
retiree or beneficiary;
(3) a life annuity payment under Section
824.402(a)(4), Government Code;
(4) an annuity for a guaranteed period of 60 months
under Section 824.402(a)(3), Government Code; or
(5) an alternate payee annuity payment under Section
804.005, Government Code.
(f) If the annuitant is a retiree or if the annuitant is a
beneficiary of a retiree who selected an optional retirement
payment plan, to be eligible for the supplemental payment, the
effective date of the retirement of the member of the Teacher
Retirement System of Texas must have been on or before December 31,
2008. If the annuitant is a beneficiary under Section
824.402(a)(3) or (4), Government Code, to be eligible for the
supplemental payment, the date of death of the member of the
retirement system must have been on or before December 31, 2008.
The supplemental payment shall be made to an alternate payee who is
an annuitant under Section 804.005, Government Code, only if the
annuity payment to the alternate payee commenced on or before
December 31, 2008. The supplemental payment is in addition to the
guaranteed number of payments under Section 824.402(a)(3),
Government Code, Section 824.204(c)(3) or (4), Government Code, or
Section 824.308(c)(3) or (4), Government Code, and may not be
counted as one of the guaranteed monthly payments.
(g) The supplemental payment does not apply to payments
under:
(1) Section 824.304(a), Government Code, relating to
disability retirees with less than 10 years of service credit;
(2) Section 824.804(b), Government Code, relating to
participants in the deferred retirement option plan with regard to
payments from their deferred retirement option plan accounts;
(3) Section 824.501(a), Government Code, relating to
retiree survivor beneficiaries who receive a survivor annuity in an
amount fixed by statute; or
(4) Section 824.404(a), Government Code, relating to
active member survivor beneficiaries who receive a survivor annuity
in an amount fixed by statute.
(h) Except as provided by this section, the board of
trustees of the Teacher Retirement System of Texas shall determine
the eligibility for and the amount and timing of a supplemental
payment and the manner in which the payment is made.
(i) The supplemental payment is contingent on sufficient
funds being appropriated from general revenue to the Teacher
Retirement System of Texas for this purpose and may not be paid from
trust funds.
Explanation: This addition is necessary to provide a
supplemental payment to eligible retirees and beneficiaries who
receive payments from the Teacher Retirement System of Texas.
Truitt
______________________________
Speaker of the House
I certify that H.R. No. 2947 was adopted by the House on May
31, 2009, by the following vote: Yeas 146, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House