Texas 2009 - 81st Regular

Texas Senate Bill SR1092 Compare Versions

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1	1	By: Duncan S.R. No. 1092
2	2
3	3
4	4	SENATE RESOLUTION
5	5	BE IT RESOLVED by the Senate of the State of Texas, 81st
6	6	Legislature, Regular Session, 2009, That Senate Rule 12.03 be
7	7	suspended in part as provided by Senate Rule 12.08 to enable the
8	8	conference committee appointed to resolve the differences on
9	9	House Bill No. 3347 (plan qualification provisions for and
10	10	certain supplemental payments and health insurance deductions
11	11	under the Teacher Retirement System of Texas) to consider and
12	12	take action on the following matter:
13	13	Senate Rule 12.03(4) is suspended to permit the committee
14	14	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
17	17	death 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
23	23	the lesser of:
24	24	(1) the gross amount of the regular annuity payment
25	25	to which the eligible annuitant is otherwise entitled for the
26	26	month of 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
30	30	Code. The Teacher Retirement System of Texas shall make
31	31	applicable tax withholding and other legally required deductions
32	32	before disbursing the supplemental payment. A supplemental
33	33	payment under this section is in addition to and not in lieu of
34	34	the regular monthly annuity payment to which the eligible
35	35	annuitant is 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
39	39	benefits under Section 824.601, Government Code, an annuitant
40	40	eligible to receive:
41	41	(1) a standard retirement annuity payment;
42	42	(2) an optional retirement annuity payment as
43	43	either a 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
49	49	Section 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
55	55	31, 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
60	60	is an annuitant under Section 804.005, Government Code, only if
61	61	the annuity payment to the alternate payee commenced on or before
62	62	December 31, 2008. The supplemental payment is in addition to
63	63	the guaranteed number of payments under Section 824.402(a)(3),
64	64	Government Code, Section 824.204(c)(3) or (4), Government Code,
65	65	or 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
70	70	to disability retirees with less than 10 years of service credit;
71	71	(2) Section 824.804(b), Government Code, relating
72	72	to participants in the deferred retirement option plan with
73	73	regard to payments from their deferred retirement option plan
74	74	accounts;
75	75	(3) Section 824.501(a), Government Code, relating
76	76	to retiree survivor beneficiaries who receive a survivor annuity
77	77	in an amount fixed by statute; or
78	78	(4) Section 824.404(a), Government Code, relating
79	79	to active member survivor beneficiaries who receive a survivor
80	80	annuity in an amount fixed by statute.
81	81	(h) Except as provided by this section, the board of
82	82	trustees of the Teacher Retirement System of Texas shall
83	83	determine the eligibility for and the amount and timing of a
84	84	supplemental payment and the manner in which the payment is made.
85	85	(i) The supplemental payment is contingent on sufficient
86	86	funds being appropriated from general revenue to the Teacher
87	87	Retirement System of Texas for this purpose and may not be paid
88	88	from trust funds.
89	89	Explanation: This addition is necessary to provide a
90	90	supplemental payment to eligible retirees and beneficiaries who
91	91	receive payments from the Teacher Retirement System of Texas.
92	92	_______________________________
93	93	President of the Senate
94	94	I hereby certify that the
95	95	above Resolution was adopted by
96	96	the Senate on May 31, 2009.
97	97	_______________________________
98	98	Secretary of the Senate