Texas 2015 - 84th Regular

Texas House Bill HB1967 Compare Versions

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11 84R8296 SGA-F
22 By: Keffer H.B. No. 1967
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to a supplemental payment for retirees of the Teacher
88 Retirement System of Texas and the unfunded actuarial liabilities
99 allowed under that system.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 821.006, Government Code, is amended by
1212 adding Subsections (c), (d), and (e) to read as follows:
1313 (c) Notwithstanding Subsections (a) and (b), the retirement
1414 system may provide a one-time supplemental payment to an annuitant
1515 eligible to receive:
1616 (1) a standard retirement annuity payment;
1717 (2) an optional retirement annuity payment as either a
1818 retiree or beneficiary;
1919 (3) a life annuity payment under Section
2020 824.402(a)(4);
2121 (4) an annuity for a guaranteed period of 60 months
2222 under Section 824.402(a)(3); or
2323 (5) an alternate payee annuity payment under Section
2424 804.005.
2525 (d) A one-time supplemental payment under Subsection (c) is
2626 authorized if the amortization period for the unfunded actuarial
2727 liabilities of the retirement system does not exceed 30 years by one
2828 or more years after payment of the supplemental payment.
2929 (e) The retirement system may make a supplemental payment
3030 under Subsection (c) at any time during the period beginning
3131 September 1 and ending December 31 only on a finding by the board of
3232 trustees that, as determined by an actuarial valuation made August
3333 31 of that year, the payment can be made in conformance with the
3434 requirements of Subsection (d). Subsections (c) and (d) and this
3535 subsection expire January 1, 2017.
3636 SECTION 2. (a) The Teacher Retirement System of Texas shall
3737 make a one-time supplemental payment of a retirement or death
3838 benefit, as provided by Section 821.006, Government Code, as
3939 amended by this Act, and this section.
4040 (b) The supplemental payment is payable not later than
4141 December 31, 2016, and, to the extent practicable, on a date or
4242 dates that coincide with the regular annuity payment payable to
4343 each eligible annuitant.
4444 (c) The amount of the supplemental payment is equal to the
4545 lesser of:
4646 (1) the gross amount of the regular annuity payment to
4747 which the eligible annuitant is otherwise entitled for the month of
4848 August 2015; or
4949 (2) $2,400.
5050 (d) The supplemental payment is payable without regard to
5151 any forfeiture of benefits under Section 824.601, Government Code.
5252 The Teacher Retirement System of Texas shall make applicable tax
5353 withholding and other legally required deductions before
5454 disbursing the supplemental payment. A supplemental payment under
5555 this section is in addition to and not in lieu of the regular
5656 monthly annuity payment to which the eligible annuitant is
5757 otherwise entitled.
5858 (e) Subject to Subsection (f) of this section, to be
5959 eligible for the supplemental payment, a person must be, for the
6060 month of August 2015, and disregarding any forfeiture of benefits
6161 under Section 824.601, Government Code, an annuitant eligible to
6262 receive:
6363 (1) a standard retirement annuity payment;
6464 (2) an optional retirement annuity payment as either a
6565 retiree or beneficiary;
6666 (3) a life annuity payment under Section
6767 824.402(a)(4), Government Code;
6868 (4) an annuity for a guaranteed period of 60 months
6969 under Section 824.402(a)(3), Government Code; or
7070 (5) an alternate payee annuity payment under Section
7171 804.005, Government Code.
7272 (f) If the annuitant is a retiree or a beneficiary under an
7373 optional retirement payment plan, to be eligible for the
7474 supplemental payment, the effective date of the retirement of the
7575 member of the Teacher Retirement System of Texas must have been on
7676 or before August 31, 2013. If the annuitant is a beneficiary under
7777 Section 824.402(a)(3) or (4), Government Code, to be eligible for
7878 the supplemental payment, the date of death of the member of the
7979 retirement system must have been on or before August 31, 2013. The
8080 supplemental payment shall be made to an alternate payee who is an
8181 annuitant under Section 804.005, Government Code, only if the
8282 annuity payment to the alternate payee commenced on or before
8383 August 31, 2013. The supplemental payment is in addition to the
8484 guaranteed number of payments under Section 824.402(a)(3),
8585 824.204(c)(3) or (4), or 824.308(c)(3) or (4), Government Code, and
8686 may not be counted as one of the guaranteed monthly payments.
8787 (g) The supplemental payment does not apply to payments
8888 under:
8989 (1) Section 824.304(a), Government Code, relating to
9090 disability retirees with less than 10 years of service credit;
9191 (2) Section 824.804(b), Government Code, relating to
9292 participants in the deferred retirement option plan with regard to
9393 payments from their deferred retirement option plan accounts;
9494 (3) Section 824.501(a), Government Code, relating to
9595 retiree survivor beneficiaries who receive a survivor annuity in an
9696 amount fixed by statute; or
9797 (4) Section 824.404(a), Government Code, relating to
9898 active member survivor beneficiaries who receive a survivor annuity
9999 in an amount fixed by statute.
100100 (h) Except as provided by this section, the board of
101101 trustees of the Teacher Retirement System of Texas shall determine
102102 the eligibility for and the amount and timing of a supplemental
103103 payment and the manner in which the payment is made.
104104 SECTION 3. This Act takes effect September 1, 2015.