Texas 2015 - 84th Regular

Texas House Bill HB2873 Compare Versions

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11 84R3377 KFF-D
22 By: Allen H.B. No. 2873
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to benefits paid by the Teacher Retirement System of
88 Texas.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subchapter H, Chapter 824, Government Code, is
1111 amended by adding Sections 824.7015 and 824.703 to read as follows:
1212 Sec. 824.7015. ADJUSTMENT TO BENEFITS. (a) The amount of a
1313 monthly service retirement benefit, disability retirement benefit,
1414 or death benefit paid under this chapter is increased to include a
1515 10 percent adjustment in accordance with this section.
1616 (b) The board of trustees shall recompute the amount of a
1717 benefit paid monthly under this chapter by applying the 10 percent
1818 adjustment to the monthly amount otherwise required to be paid as
1919 determined in accordance with the other applicable provisions of
2020 this chapter and other law.
2121 Sec. 824.703. ANNUAL ADJUSTMENT FOR COST OF LIVING. (a)
2222 The amount of a monthly service retirement benefit, disability
2323 retirement benefit, or death benefit paid under this chapter is
2424 increased to include a four percent annual cost-of-living
2525 adjustment in accordance with this section.
2626 (b) The board of trustees shall recompute the amount of a
2727 benefit paid monthly under this chapter by applying the four
2828 percent adjustment to the monthly amount otherwise required to be
2929 paid as determined in accordance with the other applicable
3030 provisions of this chapter.
3131 SECTION 2. (a) The Teacher Retirement System of Texas
3232 shall make a one-time supplemental payment of a retirement or death
3333 benefit, as provided by this section.
3434 (b) The supplemental payment is payable in January 2016 and,
3535 to the extent practicable, on a date or dates that coincide with the
3636 regular annuity payment payable to each eligible annuitant.
3737 (c) The amount of the supplemental payment is equal to the
3838 greater of:
3939 (1) $2,000; or
4040 (2) the gross amount of the regular annuity payment to
4141 which the eligible annuitant is otherwise entitled for the month of
4242 December 2015.
4343 (d) The supplemental payment is payable without regard to
4444 any forfeiture of benefits under Section 824.601, Government Code.
4545 The Teacher Retirement System of Texas shall make applicable tax
4646 withholding and other legally required deductions before
4747 disbursing the supplemental payment. A supplemental payment under
4848 this section is in addition to and not in lieu of the regular
4949 monthly annuity payment to which the eligible annuitant is
5050 otherwise entitled.
5151 (e) Subject to Subsection (f) of this section, to be
5252 eligible for the supplemental payment, a person must be, for the
5353 month of December 2015, and disregarding any forfeiture of benefits
5454 under Section 824.601, Government Code, an annuitant eligible to
5555 receive:
5656 (1) a standard retirement annuity payment;
5757 (2) an optional retirement annuity payment as either a
5858 retiree or beneficiary;
5959 (3) a life annuity payment under Section
6060 824.402(a)(4), Government Code;
6161 (4) an annuity for a guaranteed period of 60 months
6262 under Section 824.402(a)(3), Government Code; or
6363 (5) an alternate payee annuity payment under Section
6464 804.005, Government Code.
6565 (f) If the annuitant is a retiree or a beneficiary under an
6666 optional retirement payment plan, to be eligible for the
6767 supplemental payment, the effective date of the retirement of the
6868 member of the Teacher Retirement System of Texas must have been
6969 before September 1, 2014. If the annuitant is a beneficiary under
7070 Section 824.402(a)(3) or (4), Government Code, to be eligible for
7171 the supplemental payment, the date of death of the member of the
7272 retirement system must have been before September 1, 2014. The
7373 supplemental payment shall be made to an alternate payee who is an
7474 annuitant under Section 804.005, Government Code, only if the
7575 annuity payment to the alternate payee commenced before September
7676 1, 2014. The supplemental payment is in addition to the guaranteed
7777 number of payments under Section 824.402(a)(3) or 824.204(c)(3) or
7878 (4), Government Code, and may not be counted as one of the
7979 guaranteed monthly payments.
8080 (g) The supplemental payment does not apply to payments
8181 under:
8282 (1) Section 824.304(a), Government Code, relating to
8383 disability retirees with less than 10 years of service credit;
8484 (2) Section 824.804(b), Government Code, relating to
8585 participants in the deferred retirement option plan with regard to
8686 payments from their deferred retirement option plan accounts;
8787 (3) Section 824.501(a), Government Code, relating to
8888 retiree survivor beneficiaries who receive a survivor annuity in an
8989 amount fixed by statute; or
9090 (4) Section 824.404(a), Government Code, relating to
9191 active member survivor beneficiaries who receive a survivor annuity
9292 in an amount fixed by statute.
9393 (h) Except as provided by this section, the board of
9494 trustees of the Teacher Retirement System of Texas shall determine
9595 the eligibility for and the amount and timing of a supplemental
9696 payment and the manner in which the payment is made.
9797 (i) The Teacher Retirement System of Texas shall pay the
9898 supplemental payment made under this section from the retired
9999 reserve account and may transfer to that account from the state
100100 contribution account any portion of the amount that exceeds the
101101 amount in the retired reserve account available to finance the
102102 supplemental payment and that is actuarially determined to be
103103 necessary to finance the supplemental payment. The supplemental
104104 payment under this section must comply with Section 821.006,
105105 Government Code.
106106 SECTION 3. Sections 824.7015 and 824.703, Government Code,
107107 as added by this Act, apply only to a monthly benefit payment made
108108 by the Teacher Retirement System of Texas on or after September 1,
109109 2015.
110110 SECTION 4. This Act takes effect September 1, 2015.