Texas 2011 - 82nd Regular

Texas Senate Bill SB1671 Compare Versions

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1	1	82R27767 TJS-F
2	2	By: Duncan S.B. No. 1671
3	3	(Truitt)
4	4	Substitute the following for S.B. No. 1671: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the Teacher Retirement System of Texas.
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. Subdivision (15), Section 821.001, Government
260	260	Code, is amended to read as follows:
261	261	(15) "School year" means[:
262	262	[(A)] a 12-month period beginning [approximately]
263	263	September 1 and ending [approximately] August 31 of the next
264	264	calendar year[; or
265	265	[(B) for a member whose contract or oral or
266	266	written work agreement begins after June 30 and continues after
267	267	August 31 of the same calendar year, a period not to include more
268	268	than 12 months beginning on the date the contract or agreement
269	269	begins].
270	270	SECTION 7. Section 821.008, Government Code, is amended to
271	271	read as follows:
272	272	Sec. 821.008. PURPOSE OF RETIREMENT SYSTEM. (a) The
273	273	purpose of the retirement system is to invest and protect funds of
274	274	the retirement system and to deliver the benefits provided by
275	275	statute, not to advocate or influence legislative action or
276	276	inaction or to advocate higher benefits.
277	277	(b) This section does not prohibit comments by an employee
278	278	of the retirement system on federal laws, regulations, or other
279	279	official actions or proposed actions affecting or potentially
280	280	affecting the retirement system that are made in accordance with
281	281	policies adopted by the board.
282	282	SECTION 8. Section 821.010(a), Government Code, is amended
283	283	to read as follows:
284	284	(a) Not later than June 1, 2016, and every fifth year
285	285	thereafter [of each year], the retirement system shall provide to
286	286	the comptroller, for the purpose of assisting the comptroller in
287	287	the identification of persons entitled to unclaimed property
288	288	reported to the comptroller, the name, address, social security
289	289	number, and date of birth of each member, retiree, and beneficiary
290	290	from the retirement system's records.
291	291	SECTION 9. Section 823.002, Government Code, is amended by
292	292	adding Subsection (b) to read as follows:
293	293	(b) A member shall notify the retirement system in writing
294	294	of membership service that has not been properly credited by the
295	295	retirement system on an annual statement. The member must provide
296	296	verification and make deposits as required by the retirement system
297	297	before the service may be credited. A member must notify the
298	298	retirement system of the service in writing on or before the last
299	299	day of the fifth school year after the end of the school year in
300	300	which the service was rendered for the service to be credited.
301	301	SECTION 10. The heading to Section 823.304, Government
302	302	Code, is amended to read as follows:
303	303	Sec. 823.304. USERRA [REEMPLOYED VETERAN'S] CREDIT.
304	304	SECTION 11. Subsections (a), (c), and (d), Section 823.304,
305	305	Government Code, are amended to read as follows:
306	306	(a) A person eligible to establish USERRA [reemployed
307	307	veteran's] credit is one who qualifies under the Uniformed Services
308	308	Employment and [Veteran's] Reemployment Rights Act of 1994 (38
309	309	U.S.C. Section 4301[, 2021] et seq.), for the benefits of
310	310	reemployment in a position included within the membership of the
311	311	retirement system and who is entitled under that Act to additional
312	312	credit and benefits from the retirement system because of the
313	313	person's active duty in the armed forces of the United States.
314	314	(c) A person may establish credit under this section by
315	315	depositing with the retirement system for each year of service
316	316	claimed an amount equal to[:
317	317	[(1)] the member contributions to the retirement
318	318	system, as determined by the retirement system, that the person
319	319	would have made had the person continued to be employed in the
320	320	person's former position covered by the retirement system during
321	321	the entire period of active duty in the armed forces for which the
322	322	person is to receive retirement credit[; and
323	323	[(2) a fee of five percent, compounded annually, of
324	324	the required contribution from the date of the person's first
325	325	eligibility to establish the credit to the date of deposit].
326	326	(d) To the extent required by the Uniformed Services
327	327	Employment and [Veteran's] Reemployment Rights Act of 1994 (38
328	328	U.S.C. Section 4301 et seq.), and permitted by Sections 401(a) and
329	329	415 of the Internal Revenue Code of 1986 (26 U.S.C. Sections 401 and
330	330	415), the retirement system may:
331	331	(1) grant the person service credit for the period of
332	332	active duty in the armed forces as if the person had been employed
333	333	in a position eligible for membership and credit with the
334	334	retirement system if the person establishes credit by making the
335	335	required deposits, or, if the person has not made the required
336	336	deposits, consider the period of active duty for the purpose of
337	337	determining whether the person meets the length-of-service
338	338	eligibility requirements for retirement or other benefits
339	339	administered by the retirement system as if the person had
340	340	established the credit; and
341	341	(2) include in relevant benefit computations under
342	342	this subtitle the annual compensation, as determined by the
343	343	retirement system, that would have been otherwise received by the
344	344	person for service covered by the retirement system during any year
345	345	in which the person had active duty in the armed forces.
346	346	SECTION 12. Subsection (c), Section 823.401, Government
347	347	Code, is amended to read as follows:
348	348	(c) A member eligible to establish credit under this section
349	349	is one who has at least five years of service credit in the
350	350	retirement system for actual service in public schools, including
351	351	at least one year completed after the relevant out-of-state
352	352	service.
353	353	SECTION 13. Subsections (c), (d), and (e), Section 823.402,
354	354	Government Code, are amended to read as follows:
355	355	(c) A member eligible to establish credit under this section
356	356	is one who:
357	357	(1) has at least five years of service credited
358	358	[credit] in the retirement system before the developmental leave
359	359	occurs; [and]
360	360	(2) has, [is an employee of a public school] at the
361	361	time the required deposits for the credit are paid, at least one
362	362	year of membership service credit in the retirement system
363	363	following the developmental leave; and
364	364	(3) has at least five years of service credited in the
365	365	retirement system at the time the required deposits for the credit
366	366	are paid [is sought].
367	367	(d) On or before the date a member takes developmental
368	368	leave, the member must [shall] file with the retirement system a
369	369	notice of intent to take developmental leave, and the member's
370	370	employer must [shall] file with the retirement system a
371	371	certification that the leave meets the requirements of Subsection
372	372	(b). The notice of intent and the certification must be in the form
373	373	required by the retirement system. Leave is not creditable in the
374	374	retirement system if the member does not submit notice of intent and
375	375	obtain the certification required by this subsection.
376	376	(e) A member may establish credit under this section by
377	377	depositing with the retirement system for each year of
378	378	developmental leave certified the actuarial present value, at the
379	379	time of deposit, of the additional standard retirement annuity
380	380	benefits that would be attributable to the purchase of the service
381	381	credit under this section, based on rates and tables recommended by
382	382	the retirement system's actuary and adopted by the board of
383	383	trustees [claimed an amount equal to the sum of:
384	384	[(1) the rate of member contributions required during
385	385	the year of leave, times the member's annual rate of compensation
386	386	during the member's most recent year of creditable service that
387	387	preceded the year of leave; plus
388	388	[(2) the amount that the state would have contributed
389	389	had the member performed membership service during the year of
390	390	leave at the member's annual rate of compensation during the most
391	391	recent year of service that preceded the leave].
392	392	SECTION 14. Subsection (c), Section 823.501, Government
393	393	Code, is amended to read as follows:
394	394	(c) A member may reinstate canceled credit under this
395	395	section by depositing with the retirement system:
396	396	(1) the amount withdrawn or refunded; plus
397	397	(2) a reinstatement fee of eight [six] percent,
398	398	compounded annually, of the amount withdrawn or refunded from the
399	399	date of withdrawal or refund to the date of redeposit.
400	400	SECTION 15. Subchapter A, Chapter 824, Government Code, is
401	401	amended by adding Section 824.008 to read as follows:
402	402	Sec. 824.008. DEDUCTIONS FROM AMOUNTS PAYABLE BY THE
403	403	RETIREMENT SYSTEM. (a) Notwithstanding Section 821.005, the
404	404	retirement system may deduct the amount of a person's indebtedness
405	405	to the retirement system from an amount payable by the retirement
406	406	system to the person or the person's estate and the distributees of
407	407	the estate.
408	408	(b) If the retirement system makes a payment to a
409	409	participant who is deceased and the payment is not payable, the
410	410	retirement system may deduct the amount of the payment from any
411	411	amount payable by the retirement system to a person who received the
412	412	payment or to that person's estate and distributees of the estate.
413	413	SECTION 16. Section 824.1013, Government Code, is amended
414	414	by adding Subsection (c-1) to read as follows:
415	415	(c-1) Notwithstanding Subsection (c), a beneficiary
416	416	designated under this section is entitled on the retiree's death to
417	417	receive monthly payments of the survivor's portion of the retiree's
418	418	optional retirement annuity for the remainder of the beneficiary's
419	419	life if the beneficiary designated at the time of the retiree's
420	420	retirement is a trust and the beneficiary designated under this
421	421	section is the sole beneficiary of that trust.
422	422	SECTION 17. Subsection (a), Section 824.103, Government
423	423	Code, is amended to read as follows:
424	424	(a) Benefits payable on the death of a member or annuitant,
425	425	except an optional retirement annuity under Section 824.204(c)(1),
426	426	(c)(2), or (c)(5), are payable, and rights to elect survivor
427	427	benefits, if applicable, are available, to one of the classes of
428	428	persons described in Subsection (b), if:
429	429	(1) the member or annuitant fails to designate a
430	430	beneficiary before death;
431	431	(2) a designated beneficiary does not survive the
432	432	member or annuitant; [or]
433	433	(3) a designated beneficiary, under Section 824.004,
434	434	waives claims to benefits payable on the death of the member or
435	435	annuitant;
436	436	(4) a beneficiary designation is revoked under Section
437	437	824.101(g); or
438	438	(5) a person is not eligible to receive a benefit under
439	439	Section 824.105.
440	440	SECTION 18. Section 824.105, Government Code, is amended by
441	441	amending Subsections (a), (c), and (d) and adding Subsection (f) to
442	442	read as follows:
443	443	(a) A benefit payable on the death of a member or annuitant
444	444	may not be paid to a person who has been convicted of causing that
445	445	death or who is otherwise ineligible under Subsection (f) but
446	446	instead is payable to a person who would be entitled to the benefit
447	447	had the convicted or otherwise ineligible person predeceased the
448	448	decedent.
449	449	(c) The retirement system shall reduce any annuity computed
450	450	in part on the age of the convicted or otherwise ineligible person
451	451	to a lump sum equal to the present value of the remainder of the
452	452	annuity. The reduced amount is payable to a person entitled as
453	453	provided by this section to receive the benefit.
454	454	(d) The retirement system is not required to pay benefits
455	455	under this section unless it receives actual notice of the
456	456	conviction or other ground of ineligibility of a beneficiary.
457	457	However, the retirement system may delay payment of a benefit
458	458	payable on the death of a member or annuitant pending the results of
459	459	a criminal investigation and of legal proceedings relating to the
460	460	cause of death.
461	461	(f) A person is ineligible to receive a benefit payable on
462	462	the death of a member or annuitant if the person is:
463	463	(1) found not guilty by reason of insanity under
464	464	Chapter 46C, Code of Criminal Procedure, of causing the death of the
465	465	member or annuitant; or
466	466	(2) the subject of an indictment, information,
467	467	complaint, or other charging instrument alleging that the person
468	468	caused the death of the member or annuitant and the person is
469	469	determined to be incompetent to stand trial under Chapter 46B, Code
470	470	of Criminal Procedure.
471	471	SECTION 19. Subsections (a-1) and (b-1), Section 824.202,
472	472	Government Code, are amended to read as follows:
473	473	(a-1) This subsection applies only to a person who becomes a
474	474	member of the retirement system on or after September 1, 2007
475	475	[2006]. A member subject to this subsection is eligible to retire
476	476	and receive a standard service retirement annuity if:
477	477	(1) the member is at least 65 years old and has at
478	478	least five years of service credit in the retirement system; or
479	479	(2) the member is at least 60 years old and has at
480	480	least five years of service credit in the retirement system and the
481	481	sum of the member's age and amount of service credit in the
482	482	retirement system equals the number 80.
483	483	(b-1) This subsection applies only to a person who becomes a
484	484	member of the retirement system on or after September 1, 2007
485	485	[2006]. If a member subject to this subsection is at least 55 years
486	486	old and has at least five years of service credit in the retirement
487	487	system, but does not meet the requirements under Subsection (d-1),
488	488	the member is eligible to retire and receive a service retirement
489	489	annuity reduced from the standard service retirement annuity
490	490	available under Subsection (a-1)(1), to a percentage derived from
491	491	the following table:
492	492	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
493	493	Age at date of 55 56 57 58 59 60 61 62 63 64 65
494	494	retirement retirement
495	495	retirement
496	496	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%
497	497	Percentage of 47% 51% 55% 59% 63% 67% 73% 80% 87% 93% 100%
498	498	standard annuity standard annuity
499	499	standard annuity
500	500	receivable receivable
501	501	receivable
502	502	SECTION 20. Section 824.405, Government Code, is amended to
503	503	read as follows:
504	504	Sec. 824.405. TABLES FOR DETERMINATION OF DEATH BENEFIT
505	505	ANNUITY. For the purpose of computing a death benefit annuity under
506	506	Section 824.402(a)(4) or Section 824.403, the board of trustees
507	507	shall extend the tables[:
508	508	[(1)] in Section 824.202 [824.202(b) or (b-1), as
509	509	applicable,] to ages earlier than indicated in the tables [55
510	510	years] by actuarially reducing the benefit available under the
511	511	applicable table [at the age of 55 years] to the actuarial
512	512	equivalent at the attained age of the member [beneficiary; and
513	513	[(2) in Section 824.202(b) or (d-1), as applicable, to
514	514	ages earlier than the earliest retirement age by actuarially
515	515	reducing the benefit available at the earliest retirement age to
516	516	the actuarial equivalent at the attained age of the beneficiary].
517	517	SECTION 21. Section 824.601, Government Code, is amended by
518	518	amending Subsection (b) and adding Subsection (b-1) to read as
519	519	follows:
520	520	(b) Except as provided by Subsection (b-1) or Section
521	521	824.602, a retiree is not entitled to service or disability
522	522	retirement benefit payments, as applicable, for any month in which
523	523	the retiree is employed in any position by a Texas public
524	524	educational institution.
525	525	(b-1) Subsection (b) does not apply to a retiree under
526	526	Section 824.202 whose effective date of retirement is on or before
527	527	January 1, 2011.
528	528	SECTION 22. Subsection (a), Section 824.602, Government
529	529	Code, as amended by Chapters 674 (S.B. 132) and 1359 (S.B. 1691),
530	530	Acts of the 79th Legislature, Regular Session, 2005, is reenacted
531	531	and amended to read as follows:
532	532	(a) Subject to Section 825.506, the retirement system may
533	533	not, under Section 824.601, withhold a monthly benefit payment if
534	534	the retiree is employed in a Texas public educational institution:
535	535	(1) as a substitute only with pay not more than the
536	536	daily rate of substitute pay established by the employer and, if the
537	537	retiree is a disability retiree, the employment has not exceeded a
538	538	total of 90 days in the school year;
539	539	(2) in a position, other than as a substitute, on no
540	540	more than a one-half time basis for the month;
541	541	(3) in one or more positions on as much as a full-time
542	542	basis, if the retiree has been separated from service with all Texas
543	543	public educational institutions for at least 12 full consecutive
544	544	months [work occurs in not more than six months of a school year
545	545	that begins] after the retiree's effective date of retirement; or
546	546	(4) in a position, other than as a substitute, on no
547	547	more than a one-half time basis for no more than 90 days in the
548	548	school year, if the retiree is a disability retiree[;
549	549	[(5) in a position as a classroom teacher on as much as
550	550	a full-time basis, if the retiree has retired under Section
551	551	824.202(a) or (a-1), is certified under Subchapter B, Chapter 21,
552	552	Education Code, to teach the subjects assigned, is teaching in an
553	553	acute shortage area as determined by the board of trustees of a
554	554	school district as provided by Subsection (m), and has been
555	555	separated from service with all public schools for at least 12
556	556	months;
557	557	[(6) in a position as a principal, including as an
558	558	assistant principal, on as much as a full-time basis, if the retiree
559	559	has retired under Section 824.202(a) or (a-1) without reduction for
560	560	retirement at an early age, is certified under Subchapter B,
561	561	Chapter 21, Education Code, to serve as a principal, and has been
562	562	separated from service with all public schools for at least 12
563	563	months;
564	564	[(7) as a bus driver for a school district on as much
565	565	as a full-time basis, if the retiree has retired under Section
566	566	824.202(a) or (a-1), and the retiree's primary employment is as a
567	567	bus driver; or
568	568	[(8) as a faculty member, during the period beginning
569	569	with the 2005 fall semester and ending on the last day of the 2015
570	570	spring semester, in an undergraduate professional nursing program
571	571	or graduate professional nursing program, as defined by Section
572	572	54.221, Education Code, and if the retiree has been separated from
573	573	service with all public schools for at least 12 months].
574	574	SECTION 23. Subsection (g), Section 824.602, Government
575	575	Code, is amended to read as follows:
576	576	(g) The exceptions provided by Subsections (a)(2) and
577	577	(a)(3) do not apply to disability retirees. The retirement system
578	578	nevertheless may not withhold a monthly benefit payment under
579	579	Section 824.601 if:
580	580	(1) a disability retiree is employed in a Texas public
581	581	educational institution in a position, other than as a substitute,
582	582	for a period not to exceed three consecutive months [of the school
583	583	year];
584	584	(2) the work occurs in a period, designated by the
585	585	disability retiree, of no more than three consecutive months [of a
586	586	school year];
587	587	(3) the disability retiree executes on a form and at a
588	588	time prescribed by the retirement system a written election to have
589	589	this exception apply on a one-time trial basis in determining
590	590	whether benefits are to be suspended for the months of employment
591	591	after retirement and in determining whether a disability retiree is
592	592	no longer mentally or physically incapacitated for the performance
593	593	of duty; and
594	594	(4) the disability retiree has not previously elected
595	595	to avoid loss of monthly benefits [in a school year] under this
596	596	subsection.
597	597	SECTION 24. Section 824.603, Government Code, is amended to
598	598	read as follows:
599	599	Sec. 824.603. EXCLUSION FROM CREDIT. Employment of a
600	600	retiree described by Section 824.601(b-1) or 824.602(a) does not
601	601	entitle the [a] retiree to additional service credit, and the
602	602	retiree so employed is not required to make contributions to the
603	603	system from compensation for that employment.
604	604	SECTION 25. Section 825.002, Government Code, is amended by
605	605	amending Subsections (f) and (g) and adding Subsection (h) to read
606	606	as follows:
607	607	(f) Persons considered for nomination under Subsection (c),
608	608	(d), or (e) must have been nominated [by written ballot] at an
609	609	election conducted under rules adopted by the board of trustees.
610	610	(g) To provide for the nomination of persons for appointment
611	611	under Subsection (d), the board shall send to each retiree of the
612	612	retirement system:
613	613	(1) notice of the deadline for filing as a candidate
614	614	for nomination;
615	615	(2) information on procedures to follow in filing as a
616	616	candidate; and
617	617	(3) instructions on how to request a paper ballot or
618	618	vote in another manner established by the board, including by
619	619	telephone or other electronic means [a written ballot].
620	620	(h) If only two persons are nominated under Subsection (c),
621	621	(d), or (e), the governor shall appoint a member of the board to the
622	622	applicable trustee position from the slate of two nominated
623	623	persons. If only one person is nominated under Subsection (c), (d),
624	624	or (e), the governor shall appoint that person to the applicable
625	625	trustee position. If no member or retiree is nominated for a
626	626	position under Subsection (c), (d), or (e), the governor shall
627	627	appoint to the applicable trustee position a person who otherwise
628	628	meets the qualifications required for the position.
629	629	SECTION 26. Subsection (c), Section 825.206, Government
630	630	Code, is amended to read as follows:
631	631	(c) The board of trustees annually shall evaluate the
632	632	performance of the actuary during the previous year. At least once
633	633	every four [three] years, the board shall redesignate its actuary
634	634	after advertising for and reviewing proposals from providers of
635	635	actuarial services.
636	636	SECTION 27. Section 825.215, Government Code, is amended to
637	637	read as follows:
638	638	Sec. 825.215. ADVOCACY PROHIBITED. (a) An employee of the
639	639	retirement system may not advocate increased benefits or engage in
640	640	activities to advocate or influence legislative action or inaction.
641	641	Advocacy or activity of this nature is grounds for dismissal of an
642	642	employee.
643	643	(b) This section does not prohibit comments by an employee
644	644	of the retirement system on federal laws, regulations, or other
645	645	official actions or proposed actions affecting or potentially
646	646	affecting the retirement system that are made in accordance with
647	647	policies adopted by the board.
648	648	SECTION 28. Section 825.315, Government Code, is amended to
649	649	read as follows:
650	650	Sec. 825.315. PROHIBITED USE OF ASSETS. (a) Assets of the
651	651	retirement system may not be used to advocate or influence the
652	652	outcome of an election or the passage or defeat of any legislative
653	653	measure. This prohibition may not be construed to prevent any
654	654	trustee or employee from furnishing information in the hands of the
655	655	trustee or employee that is not considered confidential under law
656	656	to a member or committee of the legislature, to any other state
657	657	officer or employee, or to any private citizen, at the request of
658	658	the person or entity to whom the information is furnished. This
659	659	prohibition does not apply to the incidental use of retirement
660	660	system facilities by groups of members or retirees or by officers or
661	661	employees of state agencies.
662	662	(b) This section does not prohibit the use of system assets
663	663	by an employee of the retirement system to comment on federal laws,
664	664	regulations, or other official actions or proposed actions
665	665	affecting or potentially affecting the retirement system that are
666	666	made in accordance with policies adopted by the board.
667	667	SECTION 29. Subsections (h) and (j), Section 825.403,
668	668	Government Code, are amended to read as follows:
669	669	(h) If deductions were previously required but not paid, the
670	670	retirement system may not provide benefits based on the service or
671	671	compensation unless the deposits required by this section have been
672	672	fully paid. The person's employer at the time the unreported
673	673	service was rendered or compensation was paid must verify the
674	674	service or compensation as required by Subsection (j) and the
675	675	person must submit the verification to the retirement system not
676	676	later than five years after [member shall pay the amount of those
677	677	deductions plus a fee computed at a rate of five percent a year on
678	678	the unpaid amount from] the end of the school year in which the
679	679	service was rendered or compensation was paid. To establish the
680	680	service or compensation credit, the person must deposit with the
681	681	retirement system the actuarial present value, at the time of
682	682	deposit, of the additional standard retirement annuity benefits
683	683	that would be attributable to the purchase of service or
684	684	compensation credit under this section, based on rates and tables
685	685	recommended by the retirement system's actuary and adopted by the
686	686	board of trustees [deductions first became due or the end of the
687	687	1974-75 school year, whichever is later, to the date of payment].
688	688	The board of trustees shall:
689	689	(1) prescribe terms for payments under this
690	690	subsection; and
691	691	(2) credit the person [member] for prior service to
692	692	which the person [member] is entitled under this subtitle[; and
693	693	[(3) deposit the fee required by this subsection in
694	694	the state contribution account].
695	695	(j) If deductions were previously required [of a member] but
696	696	not paid, proof of service satisfactory to the retirement system
697	697	must be made before service credit is granted or payment for the
698	698	credit is required. Proof of service is sufficient if the person's
699	699	[member's] employer documents that the employer has records made at
700	700	or near the time of service that establish the amount of time worked
701	701	and salary earned. [A member may submit in lieu of employer
702	702	documentation internal revenue, social security, bank, or other
703	703	written records that were made at or near the time of service and
704	704	that establish the amount of time worked and salary earned.] An
705	705	affidavit based on memory without written records made at or near
706	706	the time of service is not sufficient documentation for the
707	707	establishment of service credit. The retirement system may audit
708	708	records used for documentation under this subsection. A person who
709	709	does not obtain proof of service as required by this section may not
710	710	establish the service or compensation credit.
711	711	SECTION 30. Section 825.408, Government Code, is amended to
712	712	read as follows:
713	713	Sec. 825.408. INTEREST ON CONTRIBUTIONS AND FEES; DEPOSITS
714	714	IN TRUST. (a) An employer [employing district] that fails to
715	715	remit, before the seventh day after the last day of a month, all
716	716	member and employer deposits and documentation of the deposits
717	717	required by this subchapter to be remitted by the employer
718	718	[district] for the month shall pay to the retirement system, in
719	719	addition to the deposits, interest on the unpaid or undocumented
720	720	amounts at an annual rate compounded monthly. The rate of interest
721	721	is the rate established under Section 825.313(b)(1), plus two
722	722	percent. Interest required under this section is creditable to the
723	723	interest account. On request, the retirement system may grant a
724	724	waiver of the deadline imposed by this subsection based on an
725	725	employer's [a district's] financial or technological resources.
726	726	(b) An employer [employing district] and its trustees or
727	727	other governing body hold amounts due to the retirement system
728	728	under this subtitle in trust for the retirement system and its
729	729	members and may not divert the amounts to any other purpose.
730	730	SECTION 31. Subsection (b), Section 825.507, Government
731	731	Code, is amended to read as follows:
732	732	(b) The retirement system may release records of a
733	733	participant, including a participant to which Chapter 803 applies,
734	734	to:
735	735	(1) the participant or the participant's attorney or
736	736	guardian or another person who the executive director determines is
737	737	acting on behalf of the participant;
738	738	(2) the executor or administrator of the deceased
739	739	participant's estate, including information relating to the
740	740	deceased participant's beneficiary, or if an executor or
741	741	administrator of the deceased participant's estate has not been
742	742	named, a person or entity who the executive director determines is
743	743	acting in the interest of the deceased participant's estate, or an
744	744	heir, legatee, or devisee of the deceased participant;
745	745	(3) a spouse or former spouse of the participant if the
746	746	executive director determines that the information is relevant to
747	747	the spouse's or former spouse's interest in member accounts,
748	748	benefits, or other amounts payable by the retirement system;
749	749	(4) an administrator, carrier, consultant, attorney,
750	750	or agent acting on behalf of the retirement system;
751	751	(5) a governmental entity, an employer, or the
752	752	designated agent of an employer, only to the extent the retirement
753	753	system needs to share the information to perform the purposes of the
754	754	retirement system, as determined by the executive director;
755	755	(6) a person authorized by the participant in writing
756	756	to receive the information;
757	757	(7) a federal, state, or local criminal law
758	758	enforcement agency that requests a record for a law enforcement
759	759	purpose;
760	760	(8) the attorney general to the extent necessary to
761	761	enforce child support; or
762	762	(9) a party in response to a subpoena issued under
763	763	applicable law if the executive director determines that the
764	764	participant will have a reasonable opportunity to contest the
765	765	subpoena.
766	766	SECTION 32. Subsection (a), Section 825.515, Government
767	767	Code, is amended to read as follows:
768	768	(a) At least annually, the retirement system shall acquire
769	769	and maintain records identifying members and the types of positions
770	770	they hold as members. The type of position shall be identified as
771	771	Administrative/Professional, Teacher/Full-Time Librarian,
772	772	Support, [or] Bus Driver, or Peace Officer. For each member
773	773	identified as a Peace Officer, the records must specify whether the
774	774	member is an employee of an institution of higher education or of a
775	775	public school that is not an institution of higher education. An
776	776	employer shall provide the information required by this section in
777	777	the form and manner specified by the retirement system.
778	778	SECTION 33. Subdivision (1), Section 1575.003, Insurance
779	779	Code, is amended to read as follows:
780	780	(1) "Dependent" means:
781	781	(A) the spouse of a retiree;
782	782	(B) an unmarried child of a retiree or deceased
783	783	active member if the child is younger than 25 years of age,
784	784	including:
785	785	(i) an adopted child;
786	786	(ii) a foster child, stepchild, or other
787	787	child who is in a regular parent-child relationship; or
788	788	(iii) a recognized natural child;
789	789	(C) a retiree's recognized natural child,
790	790	adopted child, foster child, stepchild, or other child who is in a
791	791	regular parent-child relationship and who lives with or has his or
792	792	her care provided by the retiree or surviving spouse on a regular
793	793	basis regardless of the child's age, if the child has a mental
794	794	disability [is mentally retarded] or is physically incapacitated to
795	795	an extent that the child is dependent on the retiree or surviving
796	796	spouse for care or support, as determined by the trustee; or
797	797	(D) a deceased active member's recognized
798	798	natural child, adopted child, foster child, stepchild, or other
799	799	child who is in a regular parent-child relationship, without regard
800	800	to the age of the child, if, while the active member was alive, the
801	801	child:
802	802	(i) lived with or had the child's care
803	803	provided by the active member on a regular basis; and
804	804	(ii) had a mental disability [was mentally
805	805	retarded] or was physically incapacitated to an extent that the
806	806	child was dependent on the active member or surviving spouse for
807	807	care or support, as determined by the trustee.
808	808	SECTION 34. Section 1575.206, Insurance Code, is amended to
809	809	read as follows:
810	810	Sec. 1575.206. CONTRIBUTIONS HELD IN TRUST FOR FUND. An
811	811	employing public school [district] and its governing body
812	812	[trustees]:
813	813	(1) hold contributions required by this subchapter in
814	814	trust for the fund and its participants; and
815	815	(2) may not divert the contributions for any other
816	816	purpose.
817	817	SECTION 35. Section 1575.207, Insurance Code, is amended to
818	818	read as follows:
819	819	Sec. 1575.207. INTEREST ASSESSED ON LATE PAYMENT OF
820	820	DEPOSITS BY EMPLOYING PUBLIC SCHOOLS [SCHOOL DISTRICTS]. (a) An
821	821	employing public school [district] that does not remit to the
822	822	trustee all contributions required by this subchapter before the
823	823	seventh day after the last day of the month shall pay to the fund:
824	824	(1) the contributions; and
825	825	(2) interest on the unpaid amounts at the annual rate
826	826	of six percent compounded monthly.
827	827	(b) On request, the trustee may grant a waiver of the
828	828	deadline imposed by this section based on an employing public
829	829	school's [district's] financial or technological resources.
830	830	SECTION 36. Section 1579.004, Insurance Code, is amended to
831	831	read as follows:
832	832	Sec. 1579.004. DEFINITION OF DEPENDENT. In this chapter,
833	833	"dependent" means:
834	834	(1) a spouse of a full-time employee or part-time
835	835	employee;
836	836	(2) an unmarried child of a full-time or part-time
837	837	employee if the child is younger than 25 years of age, including:
838	838	(A) an adopted child;
839	839	(B) a foster child, stepchild, or other child who
840	840	is in a regular parent-child relationship; and
841	841	(C) a recognized natural child;
842	842	(3) a full-time or part-time employee's recognized
843	843	natural child, adopted child, foster child, stepchild, or other
844	844	child who is in a regular parent-child relationship and who lives
845	845	with or has his or her care provided by the employee or the
846	846	surviving spouse on a regular basis, regardless of the child's age,
847	847	if the child has a mental disability [is mentally retarded] or is
848	848	physically incapacitated to an extent that the child is dependent
849	849	on the employee or surviving spouse for care or support, as
850	850	determined by the board of trustees; and
851	851	(4) notwithstanding any other provision of this code,
852	852	any other dependent of a full-time or part-time employee specified
853	853	by rules adopted by the board of trustees.
854	854	SECTION 37. Section 1601.004(a), Insurance Code, is amended
855	855	to read as follows:
856	856	(a) In this chapter, "dependent," with respect to an
857	857	individual eligible to participate in the uniform program under
858	858	Section 1601.101 or 1601.102, means the individual's:
859	859	(1) spouse;
860	860	(2) [unmarried] child younger than 26 [25] years of
861	861	age; and
862	862	(3) child of any age who the system determines lives
863	863	with or has the child's care provided by the individual on a regular
864	864	basis if the child has a mental disability [is mentally retarded] or
865	865	is physically incapacitated to the extent that the child is
866	866	dependent on the individual for care or support, as determined by
867	867	the system, and:
868	868	(A) if the child is at least 26 years of age, the
869	869	child's coverage under this chapter has not lapsed, and the child
870	870	was enrolled as a participant in the health benefits coverage under
871	871	the uniform program on the date of the child's 26th birthday; or
872	872	(B) as to a child of an individual eligible to
873	873	participate as an employee under Section 1601.101, if, at the time
874	874	of the individual's initial enrollment in health benefits coverage
875	875	under the uniform program, the child is at least 26 years of age and
876	876	is enrolled in comparable coverage, as determined by the system,
877	877	under the individual's previous health benefits coverage.
878	878	SECTION 38. Subchapter C, Chapter 1601, Insurance Code, is
879	879	amended by adding Section 1601.111 to read as follows:
880	880	Sec. 1601.111. PROGRAMS PROMOTING DISEASE PREVENTION,
881	881	WELLNESS, AND HEALTH. A system may establish premium discounts,
882	882	surcharges, rebates, or a revision in otherwise applicable
883	883	copayments, coinsurance, or deductibles, or any combination of
884	884	those incentives, for an individual who participates in
885	885	system-approved programs promoting disease prevention, wellness,
886	886	and health.
887	887	SECTION 39. Section 1601.201, Insurance Code, is amended by
888	888	adding Subsection (e) to read as follows:
889	889	(e) Subsection (c) does not prohibit a system from
890	890	contributing, from money not appropriated from the general revenue
891	891	fund, amounts in excess of the amount specified by that subsection
892	892	for an individual:
893	893	(1) who is a tenured faculty member; and
894	894	(2) with whom the system has entered into a phased
895	895	retirement agreement under which the individual works less than 40
896	896	hours a week for a specified period at the end of which the
897	897	individual will retire.
898	898	SECTION 40. Subchapter E, Chapter 1601, Insurance Code, is
899	899	amended by adding Section 1601.2041 to read as follows:
900	900	Sec. 1601.2041. EMPLOYEE DEDUCTION FOR AUTOMATIC COVERAGE.
901	901	Each individual automatically enrolled in the uniform program under
902	902	Section 1601.104 is considered to have authorized a deduction from
903	903	the participant's monthly compensation in an amount equal to the
904	904	difference between:
905	905	(1) the total cost for basic coverage; and
906	906	(2) the amount contributed by the system.
907	907	SECTION 41. (a) The following provisions of the Government
908	908	Code are repealed:
909	909	(1) Subsection (i), Section 823.401;
910	910	(2) Subsections (g) and (h), Section 823.402;
911	911	(3) Subsection (e), Section 823.501;
912	912	(4) Subsections (c), (d), (m), (p), and (q), Section
913	913	824.602; and
914	914	(5) Section 825.3021.
915	915	(b) Section 57, Chapter 1359 (S.B. 1691), Acts of the 79th
916	916	Legislature, Regular Session, 2005, is repealed.
917	917	SECTION 42. The change in law made by this Act to Section
918	918	804.003, Government Code, applies only to a qualified domestic
919	919	relations order entered on or after the effective date of this Act.
920	920	A qualified domestic relations order entered before the effective
921	921	date of this Act is governed by the law in effect immediately before
922	922	that date, and the former law is continued in effect for that
923	923	purpose.
924	924	SECTION 43. Subdivision (15), Section 821.001, Government
925	925	Code, as amended by this Act, applies beginning with the 2012-2013
926	926	school year.
927	927	SECTION 44. A member of the Teacher Retirement System of
928	928	Texas who seeks credit under Subsection (b), Section 823.002,
929	929	Government Code, as added by this Act, for service rendered before
930	930	September 1, 2011, but not properly credited to a member's annual
931	931	statement, must notify the retirement system not later than the
932	932	date specified in Subsection (b), Section 823.002, Government Code,
933	933	as added by this Act, or August 31, 2016, whichever is later.
934	934	SECTION 45. Subsections (d) and (e), Section 823.401,
935	935	Government Code, as amended by Section 10, Chapter 1359 (S.B.
936	936	1691), Acts of the 79th Legislature, Regular Session, effective
937	937	September 1, 2005, apply to a person who was a member of the Teacher
938	938	Retirement System of Texas on December 31, 2005, and to
939	939	out-of-state service performed before January 1, 2006,
940	940	notwithstanding Section 57 of that Act.
941	941	SECTION 46. The changes in law made by this Act to Section
942	942	824.105, Government Code, apply only to the death of a member or
943	943	annuitant of the Teacher Retirement System of Texas that is caused
944	944	by conduct that occurs on or after the effective date of this Act.
945	945	The death of a member or annuitant that is caused by conduct that
946	946	occurs before the effective date of this Act is governed by the law
947	947	in effect immediately before that date, and the former law is
948	948	continued in effect for that purpose.
949	949	SECTION 47. (a) A person who resumed employment after
950	950	retirement and whose benefit payments were suspended under Section
951	951	824.601, Government Code, as that section existed before amendment
952	952	by this Act, is entitled to the resumption of monthly benefit
953	953	payments if the person meets the requirements of Subsection (b-1),
954	954	Section 824.601, Government Code, as added by this Act, or Section
955	955	824.602, Government Code, as amended by this Act.
956	956	(b) The Teacher Retirement System of Texas shall resume
957	957	making monthly benefit payments to a person described by Subsection
958	958	(a) of this section on the first payment date occurring on or after
959	959	the effective date of this Act.
960	960	(c) A person who is entitled to the resumption of monthly
961	961	benefit payments under this section is not entitled to recover
962	962	benefit payments not made during the period the person's benefit
963	963	was suspended under Section 824.601, Government Code, as that
964	964	section existed before amendment by this Act.
965	965	SECTION 48. The change in law made by this Act to Section
966	966	825.002, Government Code, applies only to a vacancy on the board of
967	967	trustees of the Teacher Retirement System of Texas for a term that
968	968	expires on or after the effective date of this Act. A vacancy for a
969	969	term that expires before the effective date of this Act is governed
970	970	by the law in effect immediately before that date, and the former
971	971	law is continued in effect for that purpose.
972	972	SECTION 49. For unreported service rendered or unreported
973	973	compensation paid before the effective date of this Act, the
974	974	verification required under Subsection (h), Section 825.403,
975	975	Government Code, as amended by this Act, must be received by the
976	976	Teacher Retirement System of Texas not later than August 31, 2016.
977	977	SECTION 50. (a) Notwithstanding the service credit cost
978	978	provisions of Section 45 of this Act and Subsection (e), Section
979	979	823.402, Subdivision (2), Subsection (c), Section 823.501, and
980	980	Subsection (h), Section 825.403, Government Code, as amended by
981	981	this Act, a person may establish service credit by paying the
982	982	deposits and fees required under Sections 823.402, 823.501, and
983	983	825.403, Government Code, and by Section 57, Chapter 1359 (S.B.
984	984	1691), Acts of the 79th Legislature, Regular Session, 2005, as
985	985	those sections existed before amendment or repeal by this Act, if:
986	986	(1) the person otherwise meets all eligibility
987	987	requirements under those sections as amended by this Act;
988	988	(2) the service for which credit is sought to be
989	989	established was rendered, or the compensation for which credit is
990	990	sought was paid, before the effective date of this Act; and
991	991	(3) the person makes payment for the service credit,
992	992	or enters into an installment agreement for payment, not later than
993	993	August 31, 2013.
994	994	(b) If a person has an installment agreement under
995	995	Subsection (a) of this section that is terminated after August 31,
996	996	2013, before the person has made all of the payments, the person may
997	997	establish credit only as provided by Sections 823.402, 823.501, and
998	998	825.403, Government Code, as amended by this Act, and by Section 45
999	999	of this Act.
1000	1000	SECTION 51. The change in law made by this Act to Subsection
1001	1001	(b), Section 825.507, Government Code, applies only to the release
1002	1002	of records by the Teacher Retirement System of Texas on or after the
1003	1003	effective date of this Act. The release of records before the
1004	1004	effective date of this Act is governed by the law in effect
1005	1005	immediately before that date, and the former law is continued in
1006	1006	effect for that purpose.
1007	1007	SECTION 52. (a) Notwithstanding Subsection (a), Section
1008	1008	825.404, Government Code, for the state fiscal year ending August
1009	1009	31, 2012, the amount of the state contribution to the Teacher
1010	1010	Retirement System of Texas under that section may be less than the
1011	1011	amount contributed by members during that fiscal year.
1012	1012	(b) Notwithstanding Subsection (a), Section 1575.202,
1013	1013	Insurance Code, for the state fiscal year ending August 31, 2013,
1014	1014	the state may contribute an amount to the retired school employees
1015	1015	group insurance fund that is less than one percent of the salary of
1016	1016	each active employee.
1017	1017	SECTION 53. To the extent of any conflict, this Act prevails
1018	1018	over another Act of the 82nd Legislature, Regular Session, 2011,
1019	1019	relating to nonsubstantive additions to and corrections in enacted
1020	1020	codes.
1021	1021	SECTION 54. This Act takes effect immediately if it
1022	1022	receives a vote of two-thirds of all the members elected to each
1023	1023	house, as provided by Section 39, Article III, Texas Constitution.
1024	1024	If this Act does not receive the vote necessary for immediate
1025	1025	effect, this Act takes effect September 1, 2011.
1026	1026
1027	1027	Age at date of 55 56 57 58 59 60 61 62 63 64 65
1028	1028
1029	1029	retirement
1030	1030
1031	1031	Percentage of 47% 51% 55% 59% 63% 67% 73% 80% 87% 93% 100%
1032	1032
1033	1033	standard annuity
1034	1034
1035	1035	receivable