Texas 2011 - 82nd Regular

Texas Senate Bill SB1667 Compare Versions

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1	1	By: Duncan S.B. No. 1667
2	2	(Truitt)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the administration of and benefits payable by the
8	8	Teacher Retirement System of Texas and to certain domestic
9	9	relations orders.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subsection (i), Section 411.081, Government
12	12	Code, as amended by Chapters 183 (H.B. 1830), 780 (S.B. 1056), 816
13	13	(S.B. 1599), and 1027 (H.B. 4343), Acts of the 81st Legislature,
14	14	Regular Session, 2009, is reenacted and amended to read as follows:
15	15	(i) A criminal justice agency may disclose criminal history
16	16	record information that is the subject of an order of nondisclosure
17	17	under Subsection (d) to the following noncriminal justice agencies
18	18	or entities only:
19	19	(1) the State Board for Educator Certification;
20	20	(2) a school district, charter school, private school,
21	21	regional education service center, commercial transportation
22	22	company, or education shared service arrangement;
23	23	(3) the Texas Medical Board;
24	24	(4) the Texas School for the Blind and Visually
25	25	Impaired;
26	26	(5) the Board of Law Examiners;
27	27	(6) the State Bar of Texas;
28	28	(7) a district court regarding a petition for name
29	29	change under Subchapter B, Chapter 45, Family Code;
30	30	(8) the Texas School for the Deaf;
31	31	(9) the Department of Family and Protective Services;
32	32	(10) the Texas Youth Commission;
33	33	(11) the Department of Assistive and Rehabilitative
34	34	Services;
35	35	(12) the Department of State Health Services, a local
36	36	mental health service, a local mental retardation authority, or a
37	37	community center providing services to persons with mental illness
38	38	or retardation;
39	39	(13) the Texas Private Security Board;
40	40	(14) a municipal or volunteer fire department;
41	41	(15) the Texas Board of Nursing;
42	42	(16) a safe house providing shelter to children in
43	43	harmful situations;
44	44	(17) a public or nonprofit hospital or hospital
45	45	district;
46	46	(18) the Texas Juvenile Probation Commission;
47	47	(19) the securities commissioner, the banking
48	48	commissioner, the savings and mortgage lending commissioner, or the
49	49	credit union commissioner;
50	50	(20) the Texas State Board of Public Accountancy;
51	51	(21) the Texas Department of Licensing and Regulation;
52	52	(22) the Health and Human Services Commission;
53	53	(23) the Department of Aging and Disability Services;
54	54	(24) the Texas Education Agency; [and]
55	55	(25) the Guardianship Certification Board; [and]
56	56	(26) a county clerk's office in relation to a
57	57	proceeding for the appointment of a guardian under Chapter XIII,
58	58	Texas Probate Code;
59	59	(27) [(25)] the Department of Information Resources
60	60	but only regarding an employee, applicant for employment,
61	61	contractor, subcontractor, intern, or volunteer who provides
62	62	network security services under Chapter 2059 to:
63	63	(A) the Department of Information Resources; or
64	64	(B) a contractor or subcontractor of the
65	65	Department of Information Resources;
66	66	(28) [(25)] the Court Reporters Certification Board;
67	67	[and]
68	68	(29) [(25)] the Texas Department of Insurance; and
69	69	(30) the Teacher Retirement System of Texas.
70	70	SECTION 2. Subchapter F, Chapter 411, Government Code, is
71	71	amended by adding Section 411.0971 to read as follows:
72	72	Sec. 411.0971. ACCESS TO CRIMINAL HISTORY RECORD
73	73	INFORMATION: TEACHER RETIREMENT SYSTEM OF TEXAS. (a) The Teacher
74	74	Retirement System of Texas is entitled to obtain from the
75	75	department, the Federal Bureau of Investigation Criminal Justice
76	76	Information Services Division, or another law enforcement agency
77	77	criminal history record information maintained by the department,
78	78	division, or agency that relates to a person who:
79	79	(1) is an employee or an applicant for employment with
80	80	the retirement system;
81	81	(2) is a consultant, contract employee, independent
82	82	contractor, intern, or volunteer for the retirement system or an
83	83	applicant to serve in one of those positions;
84	84	(3) proposes to enter into a contract with or has a
85	85	contract with the retirement system to perform services for or
86	86	supply goods to the retirement system; or
87	87	(4) is an employee or subcontractor, or an applicant
88	88	to be an employee or subcontractor, of a contractor that provides
89	89	services to the retirement system.
90	90	(b) Criminal history record information obtained by the
91	91	Teacher Retirement System of Texas under Subsection (a) may not be
92	92	released or disclosed to any person except:
93	93	(1) on court order;
94	94	(2) with the consent of the person who is the subject
95	95	of the criminal history record information; or
96	96	(3) to a federal agency as required by federal law or
97	97	executive order.
98	98	(c) The Teacher Retirement System of Texas shall destroy
99	99	criminal history record information obtained under this section
100	100	after the information is used for the purposes authorized by this
101	101	section.
102	102	(d) The Teacher Retirement System of Texas may provide a
103	103	copy of the criminal history record information obtained from the
104	104	department, the Federal Bureau of Investigation Criminal Justice
105	105	Information Services Division, or other law enforcement agency to
106	106	the individual who is the subject of the information.
107	107	(e) The failure or refusal of an employee or applicant to
108	108	provide the following on request constitutes good cause for
109	109	dismissal or refusal to hire:
110	110	(1) a complete set of fingerprints;
111	111	(2) a true and complete name; or
112	112	(3) other information necessary for a law enforcement
113	113	entity to obtain criminal history record information.
114	114	SECTION 3. Subchapter F, Chapter 551, Government Code, is
115	115	amended by adding Section 551.130 to read as follows:
116	116	Sec. 551.130. BOARD OF TRUSTEES OF TEACHER RETIREMENT
117	117	SYSTEM OF TEXAS: QUORUM PRESENT AT ONE LOCATION. (a) In this
118	118	section, "board" means the board of trustees of the Teacher
119	119	Retirement System of Texas.
120	120	(b) This chapter does not prohibit the board or a board
121	121	committee from holding an open or closed meeting by telephone
122	122	conference call.
123	123	(c) The board or a board committee may hold a meeting by
124	124	telephone conference call only if a quorum of the applicable board
125	125	or board committee is physically present at one location of the
126	126	meeting.
127	127	(d) A telephone conference call meeting is subject to the
128	128	notice requirements applicable to other meetings. The notice must
129	129	also specify:
130	130	(1) the location of the meeting where a quorum of the
131	131	board or board committee, as applicable, will be physically
132	132	present; and
133	133	(2) the intent to have a quorum present at that
134	134	location.
135	135	(e) The location where a quorum is physically present must
136	136	be open to the public during the open portions of a telephone
137	137	conference call meeting. The open portions of the meeting must be
138	138	audible to the public at the location where the quorum is present
139	139	and be tape-recorded at that location. The tape recording shall be
140	140	made available to the public.
141	141	(f) The location of the meeting shall provide two-way
142	142	communication during the entire telephone conference call meeting,
143	143	and the identification of each party to the telephone conference
144	144	call must be clearly stated before the party speaks.
145	145	(g) The authority provided by this section is in addition to
146	146	the authority provided by Section 551.125.
147	147	(h) A member of the board who participates in a board or
148	148	board committee meeting by telephone conference call but is not
149	149	physically present at the location of the meeting is not considered
150	150	to be absent from the meeting for any purpose. The vote of a member
151	151	of the board who participates in a board or board committee meeting
152	152	by telephone conference call is counted for the purpose of
153	153	determining the number of votes cast on a motion or other
154	154	proposition before the board or board committee.
155	155	(i) A member of the board may participate remotely by
156	156	telephone conference call instead of by being physically present at
157	157	the location of a board meeting for not more than one board meeting
158	158	per calendar year. A board member who participates remotely in any
159	159	portion of a board meeting by telephone conference call is
160	160	considered to have participated in the entire board meeting by
161	161	telephone conference call. For purposes of the limit provided by
162	162	this subsection, remote participation by telephone conference call
163	163	in a meeting of a board committee does not count as remote
164	164	participation by telephone conference call in a meeting of the
165	165	board, even if:
166	166	(1) a quorum of the full board attends the board
167	167	committee meeting; or
168	168	(2) notice of the board committee meeting is also
169	169	posted as notice of a board meeting.
170	170	(j) A person who is not a member of the board may not speak
171	171	at the meeting from a remote location by telephone conference call,
172	172	except as provided by Section 551.129.
173	173	SECTION 4. Subchapter C, Chapter 552, Government Code, is
174	174	amended by adding Section 552.153 to read as follows:
175	175	Sec. 552.153. EXCEPTION: NAME OF APPLICANT FOR EXECUTIVE
176	176	DIRECTOR, CHIEF INVESTMENT OFFICER, OR CHIEF AUDIT EXECUTIVE OF
177	177	TEACHER RETIREMENT SYSTEM OF TEXAS. The name of an applicant for
178	178	the position of executive director, chief investment officer, or
179	179	chief audit executive of the Teacher Retirement System of Texas is
180	180	excepted from the requirements of Section 552.021, except that the
181	181	board of trustees of the Teacher Retirement System of Texas must
182	182	give public notice of the names of three finalists being considered
183	183	for one of those positions at least 21 days before the date of the
184	184	meeting at which the final action or vote is to be taken on choosing
185	185	a finalist for employment.
186	186	SECTION 5. Section 804.003, Government Code, is amended by
187	187	amending Subsections (f) and (g) and adding Subsection (p) to read
188	188	as follows:
189	189	(f) A domestic relations order is a qualified domestic
190	190	relations order only if such order:
191	191	(1) clearly specifies the:
192	192	(A) name[, social security number,] and last
193	193	known mailing address[, if any,] of:
194	194	(i) the member or retiree; and
195	195	(ii) [the name, social security number, and
196	196	mailing address of] each alternate payee covered by the order; and
197	197	(B) social security number, or an express
198	198	authorization for the parties to use an alternate method acceptable
199	199	to the public retirement system to verify the social security
200	200	number, of the member or retiree and each alternate payee covered by
201	201	the order;
202	202	(2) clearly specifies the amount or percentage of the
203	203	member's or retiree's benefits to be paid by a public retirement
204	204	system to each such alternate payee or the manner in which such
205	205	amount or percentage is to be determined;
206	206	(3) clearly specifies the number of payments or the
207	207	period to which such order applies;
208	208	(4) clearly specifies that such order applies to a
209	209	designated public retirement system;
210	210	(5) does not require the public retirement system to
211	211	provide any type or form of benefit or any option not otherwise
212	212	provided under the plan;
213	213	(6) does not require the public retirement system to
214	214	provide increased benefits determined on the basis of actuarial
215	215	value;
216	216	(7) does not require the payment of benefits to an
217	217	alternate payee which are required to be paid to another alternate
218	218	payee under another order previously determined to be a qualified
219	219	domestic relations order; and
220	220	(8) does not require the payment of benefits to an
221	221	alternate payee before the retirement of a member, the distribution
222	222	of a withdrawal of contributions to a member, or other distribution
223	223	to a member required by law.
224	224	(g) A public retirement system may reject a domestic
225	225	relations order as a qualified domestic relations order unless the
226	226	order:
227	227	(1) provides for a proportional reduction of the
228	228	amount awarded to an alternate payee in the event of the retirement
229	229	of the member before normal retirement age;
230	230	(2) does not purport to require the designation of a
231	231	particular person as the recipient of benefits in the event of a
232	232	member's or annuitant's death;
233	233	(3) does not purport to require the selection of a
234	234	particular benefit payment plan or option;
235	235	(4) provides clearly for each possible benefit
236	236	distribution under plan provisions;
237	237	(5) does not require any action on the part of the
238	238	retirement system contrary to its governing statutes or plan
239	239	provision other than the direct payment of the benefit awarded to an
240	240	alternate payee;
241	241	(6) does not make the award of an interest contingent
242	242	on any condition other than those conditions resulting in the
243	243	liability of a retirement system for payments under its plan
244	244	provisions;
245	245	(7) does not purport to award any future benefit
246	246	increases that are provided or required by the legislature; [and]
247	247	(8) provides for a proportional reduction of the
248	248	amount awarded to an alternate payee in the event that benefits
249	249	available to the retiree or member are reduced by law; and
250	250	(9) if required by the retirement system, conforms to
251	251	a model order adopted by the retirement system.
252	252	(p) A public retirement system may assess administrative
253	253	fees on a party who is subject to a domestic relations order for the
254	254	review of the order under this subchapter and, as applicable, for
255	255	the administration of payments under an order that is determined to
256	256	be qualified. In addition to other methods of collecting fees that
257	257	a retirement system may establish, the retirement system may deduct
258	258	fees from payments made under the order.
259	259	SECTION 6. Section 821.008, Government Code, is amended to
260	260	read as follows:
261	261	Sec. 821.008. PURPOSE OF RETIREMENT SYSTEM. (a) The
262	262	purpose of the retirement system is to invest and protect funds of
263	263	the retirement system and to deliver the benefits provided by
264	264	statute, not to advocate or influence legislative action or
265	265	inaction or to advocate higher benefits.
266	266	(b) This section does not prohibit comments by an employee
267	267	of the retirement system on federal laws, regulations, or other
268	268	official actions or proposed actions affecting or potentially
269	269	affecting the retirement system that are made in accordance with
270	270	policies adopted by the board.
271	271	SECTION 7. Section 823.002, Government Code, is amended by
272	272	adding Subsection (b) to read as follows:
273	273	(b) A member shall notify the retirement system in writing
274	274	of membership service that has not been properly credited by the
275	275	retirement system on an annual statement. The member must provide
276	276	verification and make deposits as required by the retirement system
277	277	before the service may be credited. A member must notify the
278	278	retirement system of the service in writing on or before the last
279	279	day of the fifth school year after the end of the school year in
280	280	which the service was rendered for the service to be credited.
281	281	SECTION 8. Subchapter A, Chapter 824, Government Code, is
282	282	amended by adding Section 824.008 to read as follows:
283	283	Sec. 824.008. DEDUCTIONS FROM AMOUNTS PAYABLE BY THE
284	284	RETIREMENT SYSTEM. (a) Notwithstanding Section 821.005, the
285	285	retirement system may deduct the amount of a person's indebtedness
286	286	to the retirement system from an amount payable by the retirement
287	287	system to the person or the person's estate and the distributees of
288	288	the estate.
289	289	(b) If the retirement system makes a payment to a
290	290	participant who is deceased and the payment is not payable, the
291	291	retirement system may deduct the amount of the payment from any
292	292	amount payable by the retirement system to a person who received the
293	293	payment or to that person's estate and distributees of the estate.
294	294	SECTION 9. Section 824.1013, Government Code, is amended by
295	295	adding Subsection (c-1) to read as follows:
296	296	(c-1) Notwithstanding Subsection (c), a beneficiary
297	297	designated under this section is entitled on the retiree's death to
298	298	receive monthly payments of the survivor's portion of the retiree's
299	299	optional retirement annuity for the remainder of the beneficiary's
300	300	life if the beneficiary designated at the time of the retiree's
301	301	retirement is a trust and the beneficiary designated under this
302	302	section is the sole beneficiary of that trust.
303	303	SECTION 10. Subsection (a), Section 824.103, Government
304	304	Code, is amended to read as follows:
305	305	(a) Benefits payable on the death of a member or annuitant,
306	306	except an optional retirement annuity under Section 824.204(c)(1),
307	307	(c)(2), or (c)(5), are payable, and rights to elect survivor
308	308	benefits, if applicable, are available, to one of the classes of
309	309	persons described in Subsection (b), if:
310	310	(1) the member or annuitant fails to designate a
311	311	beneficiary before death;
312	312	(2) a designated beneficiary does not survive the
313	313	member or annuitant; [or]
314	314	(3) a designated beneficiary, under Section 824.004,
315	315	waives claims to benefits payable on the death of the member or
316	316	annuitant;
317	317	(4) a beneficiary designation is revoked under Section
318	318	824.101(g); or
319	319	(5) a person is not eligible to receive a benefit under
320	320	Section 824.105.
321	321	SECTION 11. Section 824.105, Government Code, is amended by
322	322	amending Subsections (a), (c), and (d) and adding Subsection (f) to
323	323	read as follows:
324	324	(a) A benefit payable on the death of a member or annuitant
325	325	may not be paid to a person who has been convicted of causing that
326	326	death or who is otherwise ineligible under Subsection (f) but
327	327	instead is payable to a person who would be entitled to the benefit
328	328	had the convicted or otherwise ineligible person predeceased the
329	329	decedent.
330	330	(c) The retirement system shall reduce any annuity computed
331	331	in part on the age of the convicted or otherwise ineligible person
332	332	to a lump sum equal to the present value of the remainder of the
333	333	annuity. The reduced amount is payable to a person entitled as
334	334	provided by this section to receive the benefit.
335	335	(d) The retirement system is not required to pay benefits
336	336	under this section unless it receives actual notice of the
337	337	conviction or other ground of ineligibility of a beneficiary.
338	338	However, the retirement system may delay payment of a benefit
339	339	payable on the death of a member or annuitant pending the results of
340	340	a criminal investigation and of legal proceedings relating to the
341	341	cause of death.
342	342	(f) A person is ineligible to receive a benefit payable on
343	343	the death of a member or annuitant if the person is:
344	344	(1) found not guilty by reason of insanity under
345	345	Chapter 46C, Code of Criminal Procedure, of causing the death of the
346	346	member or annuitant; or
347	347	(2) the subject of an indictment, information,
348	348	complaint, or other charging instrument alleging that the person
349	349	caused the death of the member or annuitant and the person is
350	350	determined to be incompetent to stand trial under Chapter 46B, Code
351	351	of Criminal Procedure.
352	352	SECTION 12. Subsections (a-1) and (b-1), Section 824.202,
353	353	Government Code, are amended to read as follows:
354	354	(a-1) This subsection applies only to a person who becomes a
355	355	member of the retirement system on or after September 1, 2007
356	356	[2006]. A member subject to this subsection is eligible to retire
357	357	and receive a standard service retirement annuity if:
358	358	(1) the member is at least 65 years old and has at
359	359	least five years of service credit in the retirement system; or
360	360	(2) the member is at least 60 years old and has at
361	361	least five years of service credit in the retirement system and the
362	362	sum of the member's age and amount of service credit in the
363	363	retirement system equals the number 80.
364	364	(b-1) This subsection applies only to a person who becomes a
365	365	member of the retirement system on or after September 1, 2007
366	366	[2006]. If a member subject to this subsection is at least 55 years
367	367	old and has at least five years of service credit in the retirement
368	368	system, but does not meet the requirements under Subsection (d-1),
369	369	the member is eligible to retire and receive a service retirement
370	370	annuity reduced from the standard service retirement annuity
371	371	available under Subsection (a-1)(1), to a percentage derived from
372	372	the following table:
373	373	Age at date of 55 56 57 58 59 60 61 62 63 64 65 Age at date of 55 56 57 58 59 60 61 62 63 64 65
374	374	Age at date of 55 56 57 58 59 60 61 62 63 64 65
375	375	retirement retirement
376	376	retirement
377	377	Percentage of 47% 51% 55% 59% 63% 67% 73% 80% 87% 93% 100% Percentage of 47% 51% 55% 59% 63% 67% 73% 80% 87% 93% 100%
378	378	Percentage of 47% 51% 55% 59% 63% 67% 73% 80% 87% 93% 100%
379	379	standard annuity standard annuity
380	380	standard annuity
381	381	receivable receivable
382	382	receivable
383	383	SECTION 13. Section 824.405, Government Code, is amended to
384	384	read as follows:
385	385	Sec. 824.405. TABLES FOR DETERMINATION OF DEATH BENEFIT
386	386	ANNUITY. For the purpose of computing a death benefit annuity under
387	387	Section 824.402(a)(4) or Section 824.403, the board of trustees
388	388	shall extend the tables[:
389	389	[(1)] in Section 824.202 [824.202(b) or (b-1), as
390	390	applicable,] to ages earlier than indicated in the tables [55
391	391	years] by actuarially reducing the benefit available under the
392	392	applicable table [at the age of 55 years] to the actuarial
393	393	equivalent at the attained age of the member [beneficiary; and
394	394	[(2) in Section 824.202(b) or (d-1), as applicable, to
395	395	ages earlier than the earliest retirement age by actuarially
396	396	reducing the benefit available at the earliest retirement age to
397	397	the actuarial equivalent at the attained age of the beneficiary].
398	398	SECTION 14. Section 825.002, Government Code, is amended by
399	399	amending Subsections (f) and (g) and adding Subsection (h) to read
400	400	as follows:
401	401	(f) Persons considered for nomination under Subsection (c),
402	402	(d), or (e) must have been nominated [by written ballot] at an
403	403	election conducted under rules adopted by the board of trustees.
404	404	(g) To provide for the nomination of persons for appointment
405	405	under Subsection (d), the board shall send to each retiree of the
406	406	retirement system:
407	407	(1) notice of the deadline for filing as a candidate
408	408	for nomination;
409	409	(2) information on procedures to follow in filing as a
410	410	candidate; and
411	411	(3) instructions on how to request a paper ballot or
412	412	vote in another manner established by the board, including by
413	413	telephone or other electronic means [a written ballot].
414	414	(h) If only two persons are nominated under Subsection (c),
415	415	(d), or (e), the governor shall appoint a member of the board to the
416	416	applicable trustee position from the slate of two nominated
417	417	persons. If only one person is nominated under Subsection (c), (d),
418	418	or (e), the governor shall appoint that person to the applicable
419	419	trustee position. If no member or retiree is nominated for a
420	420	position under Subsection (c), (d), or (e), the governor shall
421	421	appoint to the applicable trustee position a person who otherwise
422	422	meets the qualifications required for the position.
423	423	SECTION 15. Subsection (c), Section 825.206, Government
424	424	Code, is amended to read as follows:
425	425	(c) The board of trustees annually shall evaluate the
426	426	performance of the actuary during the previous year. At least once
427	427	every four [three] years, the board shall redesignate its actuary
428	428	after advertising for and reviewing proposals from providers of
429	429	actuarial services.
430	430	SECTION 16. Section 825.215, Government Code, is amended to
431	431	read as follows:
432	432	Sec. 825.215. ADVOCACY PROHIBITED. (a) An employee of the
433	433	retirement system may not advocate increased benefits or engage in
434	434	activities to advocate or influence legislative action or inaction.
435	435	Advocacy or activity of this nature is grounds for dismissal of an
436	436	employee.
437	437	(b) This section does not prohibit comments by an employee
438	438	of the retirement system on federal laws, regulations, or other
439	439	official actions or proposed actions affecting or potentially
440	440	affecting the retirement system that are made in accordance with
441	441	policies adopted by the board.
442	442	SECTION 17. Section 825.315, Government Code, is amended to
443	443	read as follows:
444	444	Sec. 825.315. PROHIBITED USE OF ASSETS. (a) Assets of the
445	445	retirement system may not be used to advocate or influence the
446	446	outcome of an election or the passage or defeat of any legislative
447	447	measure. This prohibition may not be construed to prevent any
448	448	trustee or employee from furnishing information in the hands of the
449	449	trustee or employee that is not considered confidential under law
450	450	to a member or committee of the legislature, to any other state
451	451	officer or employee, or to any private citizen, at the request of
452	452	the person or entity to whom the information is furnished. This
453	453	prohibition does not apply to the incidental use of retirement
454	454	system facilities by groups of members or retirees or by officers or
455	455	employees of state agencies.
456	456	(b) This section does not prohibit the use of system assets
457	457	by an employee of the retirement system to comment on federal laws,
458	458	regulations, or other official actions or proposed actions
459	459	affecting or potentially affecting the retirement system that are
460	460	made in accordance with policies adopted by the board.
461	461	SECTION 18. Section 825.408, Government Code, is amended to
462	462	read as follows:
463	463	Sec. 825.408. INTEREST ON CONTRIBUTIONS AND FEES; DEPOSITS
464	464	IN TRUST. (a) An employer [employing district] that fails to
465	465	remit, before the seventh day after the last day of a month, all
466	466	member and employer deposits and documentation of the deposits
467	467	required by this subchapter to be remitted by the employer
468	468	[district] for the month shall pay to the retirement system, in
469	469	addition to the deposits, interest on the unpaid or undocumented
470	470	amounts at an annual rate compounded monthly. The rate of interest
471	471	is the rate established under Section 825.313(b)(1), plus two
472	472	percent. Interest required under this section is creditable to the
473	473	interest account. On request, the retirement system may grant a
474	474	waiver of the deadline imposed by this subsection based on an
475	475	employer's [a district's] financial or technological resources.
476	476	(b) An employer [employing district] and its trustees or
477	477	other governing body hold amounts due to the retirement system
478	478	under this subtitle in trust for the retirement system and its
479	479	members and may not divert the amounts to any other purpose.
480	480	SECTION 19. Subsection (b), Section 825.507, Government
481	481	Code, is amended to read as follows:
482	482	(b) The retirement system may release records of a
483	483	participant, including a participant to which Chapter 803 applies,
484	484	to:
485	485	(1) the participant or the participant's attorney or
486	486	guardian or another person who the executive director determines is
487	487	acting on behalf of the participant;
488	488	(2) the executor or administrator of the deceased
489	489	participant's estate, including information relating to the
490	490	deceased participant's beneficiary, or if an executor or
491	491	administrator of the deceased participant's estate has not been
492	492	named, a person or entity who the executive director determines is
493	493	acting in the interest of the deceased participant's estate, or an
494	494	heir, legatee, or devisee of the deceased participant;
495	495	(3) a spouse or former spouse of the participant if the
496	496	executive director determines that the information is relevant to
497	497	the spouse's or former spouse's interest in member accounts,
498	498	benefits, or other amounts payable by the retirement system;
499	499	(4) an administrator, carrier, consultant, attorney,
500	500	or agent acting on behalf of the retirement system;
501	501	(5) a governmental entity, an employer, or the
502	502	designated agent of an employer, only to the extent the retirement
503	503	system needs to share the information to perform the purposes of the
504	504	retirement system, as determined by the executive director;
505	505	(6) a person authorized by the participant in writing
506	506	to receive the information;
507	507	(7) a federal, state, or local criminal law
508	508	enforcement agency that requests a record for a law enforcement
509	509	purpose;
510	510	(8) the attorney general to the extent necessary to
511	511	enforce child support; or
512	512	(9) a party in response to a subpoena issued under
513	513	applicable law if the executive director determines that the
514	514	participant will have a reasonable opportunity to contest the
515	515	subpoena.
516	516	SECTION 20. Subsection (a), Section 825.515, Government
517	517	Code, is amended to read as follows:
518	518	(a) At least annually, the retirement system shall acquire
519	519	and maintain records identifying members and the types of positions
520	520	they hold as members. The type of position shall be identified as
521	521	Administrative/Professional, Teacher/Full-Time Librarian,
522	522	Support, [or] Bus Driver, or Peace Officer. For each member
523	523	identified as a Peace Officer, the records must specify whether the
524	524	member is an employee of an institution of higher education or of a
525	525	public school that is not an institution of higher education. An
526	526	employer shall provide the information required by this section in
527	527	the form and manner specified by the retirement system.
528	528	SECTION 21. Subdivision (1), Section 1575.003, Insurance
529	529	Code, is amended to read as follows:
530	530	(1) "Dependent" means:
531	531	(A) the spouse of a retiree;
532	532	(B) an unmarried child of a retiree or deceased
533	533	active member if the child is younger than 25 years of age,
534	534	including:
535	535	(i) an adopted child;
536	536	(ii) a foster child, stepchild, or other
537	537	child who is in a regular parent-child relationship; or
538	538	(iii) a recognized natural child;
539	539	(C) a retiree's recognized natural child,
540	540	adopted child, foster child, stepchild, or other child who is in a
541	541	regular parent-child relationship and who lives with or has his or
542	542	her care provided by the retiree or surviving spouse on a regular
543	543	basis regardless of the child's age, if the child has a mental
544	544	disability [is mentally retarded] or is physically incapacitated to
545	545	an extent that the child is dependent on the retiree or surviving
546	546	spouse for care or support, as determined by the trustee; or
547	547	(D) a deceased active member's recognized
548	548	natural child, adopted child, foster child, stepchild, or other
549	549	child who is in a regular parent-child relationship, without regard
550	550	to the age of the child, if, while the active member was alive, the
551	551	child:
552	552	(i) lived with or had the child's care
553	553	provided by the active member on a regular basis; and
554	554	(ii) had a mental disability [was mentally
555	555	retarded] or was physically incapacitated to an extent that the
556	556	child was dependent on the active member or surviving spouse for
557	557	care or support, as determined by the trustee.
558	558	SECTION 22. Section 1575.206, Insurance Code, is amended to
559	559	read as follows:
560	560	Sec. 1575.206. CONTRIBUTIONS HELD IN TRUST FOR FUND. An
561	561	employing public school [district] and its governing body
562	562	[trustees]:
563	563	(1) hold contributions required by this subchapter in
564	564	trust for the fund and its participants; and
565	565	(2) may not divert the contributions for any other
566	566	purpose.
567	567	SECTION 23. Section 1575.207, Insurance Code, is amended to
568	568	read as follows:
569	569	Sec. 1575.207. INTEREST ASSESSED ON LATE PAYMENT OF
570	570	DEPOSITS BY EMPLOYING PUBLIC SCHOOLS [SCHOOL DISTRICTS]. (a) An
571	571	employing public school [district] that does not remit to the
572	572	trustee all contributions required by this subchapter before the
573	573	seventh day after the last day of the month shall pay to the fund:
574	574	(1) the contributions; and
575	575	(2) interest on the unpaid amounts at the annual rate
576	576	of six percent compounded monthly.
577	577	(b) On request, the trustee may grant a waiver of the
578	578	deadline imposed by this section based on an employing public
579	579	school's [district's] financial or technological resources.
580	580	SECTION 24. Section 1579.004, Insurance Code, is amended to
581	581	read as follows:
582	582	Sec. 1579.004. DEFINITION OF DEPENDENT. In this chapter,
583	583	"dependent" means:
584	584	(1) a spouse of a full-time employee or part-time
585	585	employee;
586	586	(2) an unmarried child of a full-time or part-time
587	587	employee if the child is younger than 25 years of age, including:
588	588	(A) an adopted child;
589	589	(B) a foster child, stepchild, or other child who
590	590	is in a regular parent-child relationship; and
591	591	(C) a recognized natural child;
592	592	(3) a full-time or part-time employee's recognized
593	593	natural child, adopted child, foster child, stepchild, or other
594	594	child who is in a regular parent-child relationship and who lives
595	595	with or has his or her care provided by the employee or the
596	596	surviving spouse on a regular basis, regardless of the child's age,
597	597	if the child has a mental disability [is mentally retarded] or is
598	598	physically incapacitated to an extent that the child is dependent
599	599	on the employee or surviving spouse for care or support, as
600	600	determined by the board of trustees; and
601	601	(4) notwithstanding any other provision of this code,
602	602	any other dependent of a full-time or part-time employee specified
603	603	by rules adopted by the board of trustees.
604	604	SECTION 25. A member of the Teacher Retirement System of
605	605	Texas who seeks credit under Subsection (b), Section 823.002,
606	606	Government Code, as added by this Act, for service rendered before
607	607	September 1, 2011, but not properly credited to a member's annual
608	608	statement, must notify the retirement system not later than the
609	609	date specified in Subsection (b), Section 823.002, Government Code,
610	610	as added by this Act, or August 31, 2016, whichever is later.
611	611	SECTION 26. (a) The change in law made by this Act to
612	612	Section 804.003, Government Code, applies only to a qualified
613	613	domestic relations order entered on or after the effective date of
614	614	this Act. A qualified domestic relations order entered before the
615	615	effective date of this Act is governed by the law in effect
616	616	immediately before that date, and the former law is continued in
617	617	effect for that purpose.
618	618	(b) The changes in law made by this Act to Section 824.105,
619	619	Government Code, apply only to the death of a member or annuitant of
620	620	the Teacher Retirement System of Texas that is caused by conduct
621	621	that occurs on or after the effective date of this Act. The death of
622	622	a member or annuitant that is caused by conduct that occurs before
623	623	the effective date of this Act is governed by the law in effect
624	624	immediately before that date, and the former law is continued in
625	625	effect for that purpose.
626	626	(c) The change in law made by this Act to Section 825.002,
627	627	Government Code, applies only to a vacancy on the board of trustees
628	628	of the Teacher Retirement System of Texas for a term that expires on
629	629	or after the effective date of this Act. A vacancy for a term that
630	630	expires before the effective date of this Act is governed by the law
631	631	in effect immediately before that date, and the former law is
632	632	continued in effect for that purpose.
633	633	(d) The change in law made by this Act to Subsection (b),
634	634	Section 825.507, Government Code, applies only to the release of
635	635	records by the Teacher Retirement System of Texas on or after the
636	636	effective date of this Act. The release of records before the
637	637	effective date of this Act is governed by the law in effect
638	638	immediately before that date, and the former law is continued in
639	639	effect for that purpose.
640	640	SECTION 27. (a) Notwithstanding Subsection (a), Section
641	641	825.404, Government Code, for the state fiscal year ending August
642	642	31, 2012, the amount of the state contribution to the Teacher
643	643	Retirement System of Texas under that section may be less than the
644	644	amount contributed by members during that fiscal year.
645	645	(b) Notwithstanding Subsection (a), Section 1575.202,
646	646	Insurance Code, for the state fiscal year ending August 31, 2013,
647	647	the state may contribute an amount to the retired school employees
648	648	group insurance fund that is less than one percent of the salary of
649	649	each active employee.
650	650	SECTION 28. This Act takes effect September 1, 2011.
651	651
652	652	Age at date of 55 56 57 58 59 60 61 62 63 64 65
653	653
654	654	retirement
655	655
656	656	Percentage of 47% 51% 55% 59% 63% 67% 73% 80% 87% 93% 100%
657	657
658	658	standard annuity
659	659
660	660	receivable