1 | 1 | | 84R8296 SGA-F |
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2 | 2 | | By: Keffer H.B. No. 1967 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to a supplemental payment for retirees of the Teacher |
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8 | 8 | | Retirement System of Texas and the unfunded actuarial liabilities |
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9 | 9 | | allowed under that system. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 821.006, Government Code, is amended by |
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12 | 12 | | adding Subsections (c), (d), and (e) to read as follows: |
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13 | 13 | | (c) Notwithstanding Subsections (a) and (b), the retirement |
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14 | 14 | | system may provide a one-time supplemental payment to an annuitant |
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15 | 15 | | eligible to receive: |
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16 | 16 | | (1) a standard retirement annuity payment; |
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17 | 17 | | (2) an optional retirement annuity payment as either a |
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18 | 18 | | retiree or beneficiary; |
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19 | 19 | | (3) a life annuity payment under Section |
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20 | 20 | | 824.402(a)(4); |
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21 | 21 | | (4) an annuity for a guaranteed period of 60 months |
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22 | 22 | | under Section 824.402(a)(3); or |
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23 | 23 | | (5) an alternate payee annuity payment under Section |
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24 | 24 | | 804.005. |
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25 | 25 | | (d) A one-time supplemental payment under Subsection (c) is |
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26 | 26 | | authorized if the amortization period for the unfunded actuarial |
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27 | 27 | | liabilities of the retirement system does not exceed 30 years by one |
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28 | 28 | | or more years after payment of the supplemental payment. |
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29 | 29 | | (e) The retirement system may make a supplemental payment |
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30 | 30 | | under Subsection (c) at any time during the period beginning |
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31 | 31 | | September 1 and ending December 31 only on a finding by the board of |
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32 | 32 | | trustees that, as determined by an actuarial valuation made August |
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33 | 33 | | 31 of that year, the payment can be made in conformance with the |
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34 | 34 | | requirements of Subsection (d). Subsections (c) and (d) and this |
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35 | 35 | | subsection expire January 1, 2017. |
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36 | 36 | | SECTION 2. (a) The Teacher Retirement System of Texas shall |
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37 | 37 | | make a one-time supplemental payment of a retirement or death |
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38 | 38 | | benefit, as provided by Section 821.006, Government Code, as |
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39 | 39 | | amended by this Act, and this section. |
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40 | 40 | | (b) The supplemental payment is payable not later than |
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41 | 41 | | December 31, 2016, and, to the extent practicable, on a date or |
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42 | 42 | | dates that coincide with the regular annuity payment payable to |
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43 | 43 | | each eligible annuitant. |
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44 | 44 | | (c) The amount of the supplemental payment is equal to the |
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45 | 45 | | lesser of: |
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46 | 46 | | (1) the gross amount of the regular annuity payment to |
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47 | 47 | | which the eligible annuitant is otherwise entitled for the month of |
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48 | 48 | | August 2015; or |
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49 | 49 | | (2) $2,400. |
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50 | 50 | | (d) The supplemental payment is payable without regard to |
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51 | 51 | | any forfeiture of benefits under Section 824.601, Government Code. |
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52 | 52 | | The Teacher Retirement System of Texas shall make applicable tax |
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53 | 53 | | withholding and other legally required deductions before |
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54 | 54 | | disbursing the supplemental payment. A supplemental payment under |
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55 | 55 | | this section is in addition to and not in lieu of the regular |
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56 | 56 | | monthly annuity payment to which the eligible annuitant is |
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57 | 57 | | otherwise entitled. |
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58 | 58 | | (e) Subject to Subsection (f) of this section, to be |
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59 | 59 | | eligible for the supplemental payment, a person must be, for the |
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60 | 60 | | month of August 2015, and disregarding any forfeiture of benefits |
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61 | 61 | | under Section 824.601, Government Code, an annuitant eligible to |
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62 | 62 | | receive: |
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63 | 63 | | (1) a standard retirement annuity payment; |
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64 | 64 | | (2) an optional retirement annuity payment as either a |
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65 | 65 | | retiree or beneficiary; |
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66 | 66 | | (3) a life annuity payment under Section |
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67 | 67 | | 824.402(a)(4), Government Code; |
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68 | 68 | | (4) an annuity for a guaranteed period of 60 months |
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69 | 69 | | under Section 824.402(a)(3), Government Code; or |
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70 | 70 | | (5) an alternate payee annuity payment under Section |
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71 | 71 | | 804.005, Government Code. |
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72 | 72 | | (f) If the annuitant is a retiree or a beneficiary under an |
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73 | 73 | | optional retirement payment plan, to be eligible for the |
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74 | 74 | | supplemental payment, the effective date of the retirement of the |
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75 | 75 | | member of the Teacher Retirement System of Texas must have been on |
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76 | 76 | | or before August 31, 2013. If the annuitant is a beneficiary under |
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77 | 77 | | Section 824.402(a)(3) or (4), Government Code, to be eligible for |
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78 | 78 | | the supplemental payment, the date of death of the member of the |
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79 | 79 | | retirement system must have been on or before August 31, 2013. The |
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80 | 80 | | supplemental payment shall be made to an alternate payee who is an |
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81 | 81 | | annuitant under Section 804.005, Government Code, only if the |
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82 | 82 | | annuity payment to the alternate payee commenced on or before |
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83 | 83 | | August 31, 2013. The supplemental payment is in addition to the |
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84 | 84 | | guaranteed number of payments under Section 824.402(a)(3), |
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85 | 85 | | 824.204(c)(3) or (4), or 824.308(c)(3) or (4), Government Code, and |
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86 | 86 | | may not be counted as one of the guaranteed monthly payments. |
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87 | 87 | | (g) The supplemental payment does not apply to payments |
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88 | 88 | | under: |
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89 | 89 | | (1) Section 824.304(a), Government Code, relating to |
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90 | 90 | | disability retirees with less than 10 years of service credit; |
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91 | 91 | | (2) Section 824.804(b), Government Code, relating to |
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92 | 92 | | participants in the deferred retirement option plan with regard to |
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93 | 93 | | payments from their deferred retirement option plan accounts; |
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94 | 94 | | (3) Section 824.501(a), Government Code, relating to |
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95 | 95 | | retiree survivor beneficiaries who receive a survivor annuity in an |
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96 | 96 | | amount fixed by statute; or |
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97 | 97 | | (4) Section 824.404(a), Government Code, relating to |
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98 | 98 | | active member survivor beneficiaries who receive a survivor annuity |
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99 | 99 | | in an amount fixed by statute. |
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100 | 100 | | (h) Except as provided by this section, the board of |
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101 | 101 | | trustees of the Teacher Retirement System of Texas shall determine |
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102 | 102 | | the eligibility for and the amount and timing of a supplemental |
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103 | 103 | | payment and the manner in which the payment is made. |
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104 | 104 | | SECTION 3. This Act takes effect September 1, 2015. |
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