Texas 2017 - 85th 1st C.S.

Texas House Bill HB181 Compare Versions

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11 85S10504 MM/TSR-D
22 By: Guillen H.B. No. 181
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the salary and retirement benefits paid to certain
88 teachers employed by or retired from public schools.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 ARTICLE 1. CLASSROOM TEACHER SALARIES
1111 SECTION 1.01. Section 21.402, Education Code, is amended by
1212 adding Subsections (c-2), (c-3), and (d) and amending Subsection
1313 (g) to read as follows:
1414 (c-2) Notwithstanding Subsection (a), for the 2017-2018
1515 school year, a classroom teacher is entitled to a monthly salary
1616 that is at least equal to the sum of:
1717 (1) the monthly salary the teacher would have received
1818 for the 2017-2018 school year under the district's salary schedule
1919 for the 2016-2017 school year, if that schedule had been in effect
2020 for the 2017-2018 school year, including any local supplement and
2121 any money representing a career ladder supplement the teacher would
2222 have received in the 2017-2018 school year; and
2323 (2) $100.
2424 (c-3) Subsection (c-2) and this subsection expire September
2525 1, 2018.
2626 (d) A classroom teacher employed by a school district in the
2727 2017-2018 school year is, as long as the teacher is employed by the
2828 same district, entitled to a salary that is at least equal to the
2929 salary the teacher received for the 2017-2018 school year.
3030 (g) The commissioner may adopt rules to govern the
3131 application of this section, including rules that:
3232 (1) require the payment of a minimum salary under this
3333 section to a person employed in more than one capacity for which a
3434 minimum salary is provided and whose combined employment in those
3535 capacities constitutes full-time employment; and
3636 (2) specify the credentials a person must hold to be
3737 considered a [speech pathologist or] school nurse under this
3838 section.
3939 SECTION 1.02. Section 42.2513(a), Education Code, is
4040 amended to read as follows:
4141 (a) A school district, including a school district that is
4242 otherwise ineligible for state aid under this chapter, is entitled
4343 to state aid in an amount equal to the sum of:
4444 (1) the product of $500 multiplied by the number of
4545 full-time district employees, other than administrators or
4646 employees subject to the minimum salary schedule under Section
4747 21.402; [and]
4848 (2) the product of $1,000 multiplied by the number of
4949 classroom teachers employed by the district; and
5050 (3) the product of $250 multiplied by the number of
5151 part-time district employees, other than administrators.
5252 SECTION 1.03. Section 21.402(c-1), Education Code, is
5353 repealed.
5454 SECTION 1.04. This article applies beginning with the
5555 2017-2018 school year.
5656 ARTICLE 2. TEACHER RETIREMENT SYSTEM COST-OF-LIVING ADJUSTMENT
5757 SECTION 2.01. Subchapter H, Chapter 824, Government Code,
5858 is amended by adding Section 824.703 to read as follows:
5959 Sec. 824.703. ADDITIONAL COST-OF-LIVING ADJUSTMENT. (a)
6060 Notwithstanding Section 824.702, the retirement system shall make a
6161 one-time cost-of-living adjustment of $1,000 payable to annuitants
6262 receiving a monthly death or retirement benefit annuity, as
6363 provided by this section.
6464 (b) Subject to Subsections (c) and (d), to be eligible for
6565 the adjustment, a person must be, on the effective date of the
6666 adjustment and disregarding any forfeiture of benefits under
6767 Section 824.601, an annuitant eligible to receive:
6868 (1) a standard service or disability retirement
6969 annuity payment;
7070 (2) an optional service or disability retirement
7171 annuity payment as either a retiree or beneficiary;
7272 (3) an annuity payment under Section 824.402(a)(3) or
7373 (4);
7474 (4) an annuity payment under Section 824.502; or
7575 (5) an alternate payee annuity payment under Section
7676 804.005.
7777 (c) If the annuitant:
7878 (1) is a retiree or is a beneficiary under an optional
7979 retirement payment plan, to be eligible for the adjustment under
8080 this section:
8181 (A) the annuitant must be living on the effective
8282 date of the adjustment; and
8383 (B) the effective date of the retirement of the
8484 member of the retirement system must have been after August 31,
8585 2004, and on or before June 30, 2017;
8686 (2) is a beneficiary under Section 824.402(a)(3) or
8787 (4) or 824.502, to be eligible for the adjustment:
8888 (A) the annuitant must be living on the effective
8989 date of the adjustment; and
9090 (B) the date of death of the member of the
9191 retirement system must have been after August 31, 2004, and on or
9292 before June 30, 2017; or
9393 (3) is an alternate payee under Section 804.005, the
9494 annuitant is eligible for the adjustment only if the effective date
9595 of the election to receive the annuity payment was after August 31,
9696 2004, and on or before June 30, 2017.
9797 (d) An adjustment made under this section does not apply to
9898 payments under:
9999 (1) Section 824.203(d), relating to retirees who
100100 receive a standard service retirement annuity in an amount fixed by
101101 statute;
102102 (2) Section 824.304(a), relating to disability
103103 retirees with less than 10 years of service credit;
104104 (3) Section 824.304(b)(2), relating to disability
105105 retirees who receive a disability annuity in an amount fixed by
106106 statute;
107107 (4) Section 824.404(a), relating to active member
108108 survivor beneficiaries who receive a survivor annuity in an amount
109109 fixed by statute;
110110 (5) Section 824.501(a), relating to retiree survivor
111111 beneficiaries who receive a survivor annuity in an amount fixed by
112112 statute; or
113113 (6) Section 824.804(b), relating to participants in
114114 the deferred retirement option plan with regard to payments from
115115 their deferred retirement option plan accounts.
116116 (e) An adjustment under this section must be made beginning
117117 with an annuity payable for the month of December 2017.
118118 (f) The board of trustees shall:
119119 (1) recompute the amount of a benefit paid monthly
120120 under this chapter by applying the $1,000 adjustment to the monthly
121121 amount otherwise required to be paid as determined in accordance
122122 with the other applicable provisions of this chapter; and
123123 (2) determine the eligibility for and the amount of
124124 any adjustment in monthly annuities in accordance with this
125125 section.
126126 ARTICLE 3. EFFECTIVE DATE
127127 SECTION 3.01. This Act takes effect immediately if it
128128 receives a vote of two-thirds of all the members elected to each
129129 house, as provided by Section 39, Article III, Texas Constitution.
130130 If this Act does not receive the vote necessary for immediate
131131 effect, this Act takes effect on the 91st day after the last day of
132132 the legislative session.