By: Duncan S.B. No. 1459
(In the Senate - Filed March 7, 2013; March 18, 2013, read
first time and referred to Committee on State Affairs;
April 24, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 3; April 24, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1459 By: Duncan
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of and contributions to and
benefits from the systems and programs administered by the
Employees Retirement System of Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 411.1402, Government
Code, is amended to read as follows:
(a) The Employees Retirement System of Texas is entitled to
obtain from the department, the Federal Bureau of Investigation
Criminal Justice Information Services Division, or another law
enforcement agency criminal history record information maintained
by the department, division, or agency that relates to a person who
is:
(1) an applicant for employment with, or who is or has
been employed by, the retirement system;
(2) a consultant, contract employee, independent
contractor, intern, or volunteer for the retirement system or an
applicant to serve in one of those positions; or
(3) a candidate for appointment or election to the
board of trustees of the retirement system or an advisory committee
to that board.
SECTION 2. Subsection (a), Section 661.091, Government
Code, is amended to read as follows:
(a) A contributing member of the Employees Retirement
System of Texas who retires is entitled to a lump-sum payment [be
paid in a lump sum], from funds of the agency or department from
which the member retires, for the member's accrued vacation time as
of the date of retirement, unless the member opts to receive for
that accrued vacation time service credit under Section 813.511(a).
SECTION 3. Section 811.007, Government Code, is amended to
read as follows:
Sec. 811.007. IMMUNITY FROM LIABILITY. The board of
trustees, executive director, members of an advisory committee
appointed by the board of trustees, and employees of the retirement
system are not liable for any action taken or omission made or
suffered by them in good faith in the performance of any duty in
connection with any program or system administered by the
retirement system.
SECTION 4. Subsection (b), Section 812.003, Government
Code, is amended to read as follows:
(b) An office or employment that is included in the coverage
of the Teacher Retirement System of Texas, the Judicial Retirement
System of Texas Plan One, or the Judicial Retirement System of Texas
Plan Two or, except as provided by Section 9.01, Chapter 238
(S.B. 378), Acts of the 73rd Legislature, Regular Session, 1993, is
with a university system or institution of higher education, as
defined by Section 61.003, Education Code, is not a position with a
department, commission, board, agency, or institution of the state
for purposes of this subtitle.
SECTION 5. Subsection (c), Section 813.202, Government
Code, is amended to read as follows:
(c) The state shall contribute for service established
under this section an amount in the same ratio to the member's
contribution and interest paid under Subsection (b) for the service
as the state's contribution bears to the contribution for current
service required of a member of the employee class at the time the
service is established under this section. The state's
contribution and interest must be paid from the fund or account from
which the member receives compensation at the time the service is
established or, if the member does not hold a position at the time
the service is established, from the fund or account from which the
member received compensation when the member most recently held a
position.
SECTION 6. Subsection (b), Section 813.302, Government
Code, is amended to read as follows:
(b) A member eligible to establish military service credit
is one who:
(1) does not receive and is not eligible to receive
federal retirement payments based on 20 years or more of active
federal military duty [or its equivalent];
(2) has been released from military duty under
conditions not dishonorable; and
(3) has credit in the retirement system for membership
service performed after the member's date of release from active
military duty.
SECTION 7. Subsection (k), Section 813.509, Government
Code, is amended to read as follows:
(k) A member [who was not a member on the date hired and was
hired on or after September 1, 2009,] or a death benefit beneficiary
of that member may use sick leave creditable under this section only
for purposes of calculating the member's or beneficiary's annuity.
SECTION 8. Subsections (a) and (j), Section 813.511,
Government Code, are amended to read as follows:
(a) A member who holds a position included in the employee
class of membership during the month that includes the effective
date of the member's retirement and who retires based on service or
a disability is entitled to service credit in the retirement system
for the member's annual leave that has accumulated and is unused on
the last day of employment, unless the member opts to receive for
that accumulated leave a lump-sum payment under Section 661.091.
(j) A member [who was not a member on the date hired and was
hired on or after September 1, 2009,] or a death benefit beneficiary
of that member may use annual leave creditable under this section
only for purposes of calculating the member's or beneficiary's
annuity.
SECTION 9. Subsections (a) and (d), Section 814.105,
Government Code, are amended to read as follows:
(a) The [Except as otherwise provided by this section, the]
standard service retirement annuity for service credited in the
employee class of membership is an amount computed as the member's
average monthly compensation for service in that class for the 60
[36] highest months of compensation multiplied by 2.3 percent for
each year of service credit in that class.
(d) The standard service retirement annuity computed under
this section [Subsection (c)] is reduced by five percent for each
year the member retires before the member reaches age 62 [60, with a
maximum possible reduction of 25 percent].
SECTION 10. Section 814.107, Government Code, is amended by
amending Subsections (b) and (c) and adding Subsection (c-1) to
read as follows:
(b) The standard service retirement annuity payable for at
least 20 years of service credit as a law enforcement or custodial
officer is an amount computed on the basis of the member's average
monthly compensation for the 60 [36] highest months of compensation
in the employee class, times the sum of the percentage factor used
in the computation of a standard service retirement annuity under
Section 814.105 plus .5 percent.
(c) The standard combined service retirement annuity that
is payable under this section is based on retirement on or after the
attainment of the normal retirement age, which for purposes of this
section is the earlier of either the age of 57 [50] or the age at
which the sum of the member's age and amount of service credit in
the employee class equals the number 80. The annuity of a law
enforcement or custodial officer who retires before reaching the
age of 57 under any eligibility criteria is actuarially reduced by
five percent for each year of difference between the member's age at
retirement and 57. The actuarial reduction described by this
section is in addition to any other actuarial reduction required by
law.
(c-1) A law enforcement or custodial officer who retires
before attaining the [normal retirement] age of 50 is entitled only
to an annuity that is actuarially reduced from the annuity
available at the [normal retirement] age of 50 to the law
enforcement or custodial officer whose service credit annuity
amount is based on the sum of the member's age and amount of law
enforcement or custodial officer service credit and employee class
service credit, and is not entitled to have the annuity
recalculated at normal retirement age. The standard or reduced
annuity under this section is payable from the trust fund
established by Section 815.310 and the law enforcement and
custodial officer supplemental retirement fund in a ratio
determined by the retirement system.
SECTION 11. Subsection (a), Section 814.1081, Government
Code, is amended to read as follows:
(a) A person who retired and selected an optional service
retirement annuity described by Section 814.108(c)(1), (c)(2), or
(c)(5) may change the optional annuity selection to the selection
of a standard service retirement annuity if:
(1) pursuant to a divorce decree, a court orders the
change in the annuity selection to a standard service retirement
annuity; or
(2) the retiree files [by filing] with the retirement
system a request to change the annuity selection, if the retiree
designated a person as beneficiary who:
(A) [(1)] was not at the time of designation and
is not currently the retiree's spouse or dependent child; or
(B) is not currently the retiree's spouse or
dependent child and [(2)] has executed since the designation a
written, notarized instrument that releases the retirement system
from any claim to the annuity by the beneficiary and that transfers
all [transfer and release, approved by a court of competent
jurisdiction pursuant to a divorce decree,] of the beneficiary's
interest in the annuity to the retiree [and is not currently the
retiree's spouse or dependent child].
SECTION 12. Subchapter G, Chapter 814, Government Code, is
amended by adding Section 814.604 to read as follows:
Sec. 814.604. COST-OF-LIVING ADJUSTMENT. (a) The
retirement system shall grant a one-time cost-of-living adjustment
as provided by Subsections (b) and (c) on a finding by the board of
trustees that, as determined by an actuarial valuation:
(1) the amortization period for the unfunded actuarial
liabilities of the retirement system does not exceed 30 years by one
or more years; and
(2) as a result of paying the adjustment, the time
required to amortize the unfunded actuarial liabilities of the
retirement system would not be increased to a period that exceeds 30
years by one or more years.
(b) The retirement system shall pay the cost-of-living
adjustment under this section to a retiree who has been retired for
20 years or more on the date the board of trustees makes the finding
in Subsection (a), or to a beneficiary of the retiree, as an
increase to a monthly service retirement benefit, disability
retirement benefit, or death benefit, as applicable, paid under
this chapter for service credited in the employee class.
(c) A cost-of-living adjustment under this section is
limited to the lesser of:
(1) an amount equal to three percent of the monthly
benefit subject to the increase; or
(2) $100 a month.
SECTION 13. Subsection (b), Section 815.311, Government
Code, is amended to read as follows:
(b) Interest on money in an individual account in the
employees saving account is earned monthly and is computed at the
rate of two [five] percent a year on the mean balance of the
member's account for the fiscal year.
SECTION 14. Section 815.317, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) Member contributions to the fund deducted under Section
815.402(h):
(1) earn interest at the same rate as money in an
individual account in the employees saving account under Section
815.311; and
(2) are subject to the same computations and
limitations that apply to member contributions under Section
815.311.
SECTION 15. Subsection (a), Section 815.402, Government
Code, is amended to read as follows:
(a) Except as provided by Section 813.201, each payroll
period, each department or agency of the state shall cause to be
deducted from each member's compensation a contribution of:
(1) 6.5 percent of the compensation if the member is
not a member of the legislature, provided that:
(A) if the state contribution to the retirement
system is computed using a percentage less than 6.5 percent, the
member's contribution is computed using a percentage equal to the
percentage used to compute the state contribution, which may not be
less than six percent; or
(B) if the state contribution to the retirement
system is computed using a percentage greater than 6.5 percent, the
member's contribution is computed using a percentage equal to the
percentage used to compute the state contribution, except that the
member contribution may not exceed seven percent; or
(2) eight percent of the compensation if the member is
a member of the legislature.
SECTION 16. Section 837.002, Government Code, is amended to
read as follows:
Sec. 837.002. TERMINATION OF MEMBERSHIP. A person's
membership in the retirement system is terminated by:
(1) death of the person;
(2) retirement based on service credited in the
retirement system; or
(3) withdrawal of all of the person's accumulated
contributions[; or
[(4) transfer of the person's accumulated contributions
under Section 840.401(f)].
SECTION 17. Subsection (b), Section 838.103, Government
Code, is amended to read as follows:
(b) A member eligible to establish military service credit
is one who:
(1) has at least eight years of service credit in the
retirement system;
(2) does not receive and is not eligible to receive
federal retirement payments based on 20 years or more of active
federal military duty [or its equivalent]; and
(3) has been released from military duty under
conditions not dishonorable.
SECTION 18. Subsections (a) and (c), Section 838.106,
Government Code, are amended to read as follows:
(a) A member may establish service credit in the retirement
system for any calendar year during which the member[:
[(1)] held an office included in the membership of the
retirement system[; or
[(2) was eligible to take the oath for an office
included in the membership of the retirement system].
(c) For the purpose of Subsection (a) [(a)(1)], the term of
a member leaving judicial office ends not later than December 31
regardless of the date on which the member's successor takes the
oath of office.
SECTION 19. Subdivisions (9) and (11), Section 1551.003,
Insurance Code, are amended to read as follows:
(9) "Full-time employee" means an employee designated
as a full-time employee under Section 1551.319(c) or (d) or an
employee designated by the employer as working 30 [40] or more hours
a week.
(11) "Part-time employee" means an employee
designated by the employer as working less than 30 [40] hours a
week. For purposes of this chapter, an individual described by
Section 1551.101(e)(2) is considered a part-time employee.
SECTION 20. Subsection (b), Section 1551.004, Insurance
Code, is amended to read as follows:
(b) In this section, "child" includes:
(1) a natural child, adopted child, stepchild, [or]
foster child, or child in the possession of a participant who is
designated as managing conservator of the child under an
irrevocable or unrevoked affidavit of relinquishment under Chapter
161, Family Code; or
(2) a child who is related by blood or marriage and was
claimed as a dependent on the federal income tax return of an
individual who is eligible to participate in the group benefits
program under Section 1551.101 or 1551.102 for the calendar year
preceding the plan year in which the child is first enrolled as a
dependent under Subchapter D, and for each subsequent year in which
the child is enrolled as a dependent.
SECTION 21. Subsections (a) and (b), Section 1551.1055,
Insurance Code, are amended to read as follows:
(a) Except as provided by Subsection (c) or (d), eligibility
under Section 1551.101 begins not later than [on the first day of
the calendar month that begins after] the 90th day after the date
the employee performs services for a state agency or is qualified
for and begins to hold elected or appointed office.
(b) Except as provided by Subsection (c), eligibility under
Section 1551.102, for an individual who does not retire at the end
of the last month for which the individual is on the payroll of a
state agency before retirement, begins not later than [on the first
day of the calendar month that begins after] the 90th day after the
date the individual retires.
SECTION 22. Subsection (a), Section 1551.158, Insurance
Code, is amended to read as follows:
(a) A dependent child who is unmarried and whose coverage
under this chapter ends when the child becomes 26 [25] years of age
may, on expiration of continuation coverage under the Consolidated
Omnibus Budget Reconciliation Act of 1985 (Pub. L. No. 99-272),
reinstate health benefit plan coverage under this chapter if the
child, or the child's participating parent, pays the full cost of
the health benefit plan coverage.
SECTION 23. Subchapter G, Chapter 1551, Insurance Code, is
amended by adding Section 1551.3196 to read as follows:
Sec. 1551.3196. AMOUNT OF CONTRIBUTION FOR CERTAIN
ANNUITANTS. (a) An annuitant receives the benefits of a state
contribution for coverage under this chapter based on the
annuitant's eligible service credit, as follows:
(1) for an annuitant with 20 years or more of eligible
service credit, a full state contribution;
(2) for an annuitant with at least 15 years but less
than 20 years of eligible service credit, 75 percent of a full state
contribution; and
(3) for an annuitant with less than 15 years of
eligible service credit, 50 percent of a full state contribution.
(b) An annuitant receiving a reduced state contribution
under Subsection (a) shall have any state contribution for
dependent coverage reduced in an amount proportional to the
reduction under Subsection (a).
(c) This section does not apply to an individual who:
(1) receives or is eligible to receive an annuity that
is based on eligibility under Section 814.002, 814.102, 834.101, or
839.101, Government Code; or
(2) is eligible to participate in the group benefits
program under:
(A) Section 1551.102(d) because of a disability;
or
(B) Section 1551.102(f).
SECTION 24. (a) The following provisions of the Government
Code are repealed:
(1) effective September 1, 2013:
(A) Subsection (i), Section 76.006;
(B) Subsection (f), Section 606.030; and
(C) Section 840.401; and
(2) effective September 1, 2014:
(A) Subsections (d) and (e), Section 813.509;
(B) Subsections (d) and (e), Section 813.511;
(C) Subsection (c), Section 814.105; and
(D) Section 814.1075.
(b) Effective September 1, 2013, Section 1551.321,
Insurance Code, is repealed.
SECTION 25. (a) The changes in law made by this Act to
Sections 813.509, 813.511, and 814.105, Government Code, do not
apply to, and the former law is continued in effect for, a person
who retires as a member of the Employees Retirement System of Texas
on or after September 1, 2014, and who meets one or more of the
following requirements on or before August 31, 2014:
(1) the person has attained 50 years of age;
(2) the sum of the person's age and amount of service
credit in the retirement system equals 70 or greater; or
(3) the person has at least 20 years of service credit
in the retirement system.
(b) The changes in law made by this Act to Section 814.107,
Government Code, do not apply to, and the former law is continued in
effect for, a person who retires as a member of the Employees
Retirement System of Texas on or after September 1, 2014, and who
meets one or more of the following requirements on or before August
31, 2014:
(1) the person has attained 45 years of age; or
(2) the person has at least 15 years of service credit
in the retirement system.
(c) Only service actually credited in the Employees
Retirement System of Texas, the Teacher Retirement System of Texas,
or a retirement system participating in the proportionate
retirement program under Chapter 803, Government Code, or service
performed as a participant in the optional retirement program under
Chapter 830, Government Code, on or before August 31, 2014, may be
used to determine eligibility under this section.
SECTION 26. Section 815.311, Government Code, as amended by
this Act, applies only to interest accrued on or after January 1,
2014. Interest accrued before that date is governed by the law in
effect on the date the interest was accrued, and that law is
continued in effect for that purpose.
SECTION 27. Section 1551.3196, Insurance Code, as added by
this Act, applies only to an individual who does not have 10 years
of eligible service credit on September 1, 2014. An individual who
has at least 10 years of eligible service credit, or is
participating in the group benefits program as a retiree, on that
date is governed by the law in effect on August 31, 2014, and the
former law is continued in effect for that purpose.
SECTION 28. (a) Except as provided by Subsections (b),
(c), and (d) of this section, this Act takes effect September 1,
2013.
(b) Section 815.311, Government Code, as amended by this
Act, takes effect January 1, 2014.
(c) Section 1551.3196, Insurance Code, as added by this Act,
takes effect September 1, 2014.
(d) The changes in law made by this Act to the following
sections take effect September 1, 2014:
(1) Section 661.091, Government Code;
(2) Section 813.509, Government Code;
(3) Section 813.511, Government Code;
(4) Section 814.105, Government Code;
(5) Section 814.107, Government Code; and
(6) Section 1551.1055, Insurance Code.
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