By: Duncan S.R. No. 1092
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 81st
Legislature, Regular Session, 2009, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on
House Bill No. 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:
Senate Rule 12.03(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.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 31, 2009.
_______________________________
Secretary of the Senate