1 | 1 | | 85S10504 MM/TSR-D |
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2 | 2 | | By: Guillen H.B. No. 181 |
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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 the salary and retirement benefits paid to certain |
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8 | 8 | | teachers employed by or retired from public schools. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | ARTICLE 1. CLASSROOM TEACHER SALARIES |
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11 | 11 | | SECTION 1.01. Section 21.402, Education Code, is amended by |
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12 | 12 | | adding Subsections (c-2), (c-3), and (d) and amending Subsection |
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13 | 13 | | (g) to read as follows: |
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14 | 14 | | (c-2) Notwithstanding Subsection (a), for the 2017-2018 |
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15 | 15 | | school year, a classroom teacher is entitled to a monthly salary |
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16 | 16 | | that is at least equal to the sum of: |
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17 | 17 | | (1) the monthly salary the teacher would have received |
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18 | 18 | | for the 2017-2018 school year under the district's salary schedule |
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19 | 19 | | for the 2016-2017 school year, if that schedule had been in effect |
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20 | 20 | | for the 2017-2018 school year, including any local supplement and |
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21 | 21 | | any money representing a career ladder supplement the teacher would |
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22 | 22 | | have received in the 2017-2018 school year; and |
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23 | 23 | | (2) $100. |
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24 | 24 | | (c-3) Subsection (c-2) and this subsection expire September |
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25 | 25 | | 1, 2018. |
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26 | 26 | | (d) A classroom teacher employed by a school district in the |
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27 | 27 | | 2017-2018 school year is, as long as the teacher is employed by the |
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28 | 28 | | same district, entitled to a salary that is at least equal to the |
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29 | 29 | | salary the teacher received for the 2017-2018 school year. |
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30 | 30 | | (g) The commissioner may adopt rules to govern the |
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31 | 31 | | application of this section, including rules that: |
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32 | 32 | | (1) require the payment of a minimum salary under this |
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33 | 33 | | section to a person employed in more than one capacity for which a |
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34 | 34 | | minimum salary is provided and whose combined employment in those |
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35 | 35 | | capacities constitutes full-time employment; and |
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36 | 36 | | (2) specify the credentials a person must hold to be |
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37 | 37 | | considered a [speech pathologist or] school nurse under this |
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38 | 38 | | section. |
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39 | 39 | | SECTION 1.02. Section 42.2513(a), Education Code, is |
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40 | 40 | | amended to read as follows: |
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41 | 41 | | (a) A school district, including a school district that is |
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42 | 42 | | otherwise ineligible for state aid under this chapter, is entitled |
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43 | 43 | | to state aid in an amount equal to the sum of: |
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44 | 44 | | (1) the product of $500 multiplied by the number of |
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45 | 45 | | full-time district employees, other than administrators or |
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46 | 46 | | employees subject to the minimum salary schedule under Section |
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47 | 47 | | 21.402; [and] |
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48 | 48 | | (2) the product of $1,000 multiplied by the number of |
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49 | 49 | | classroom teachers employed by the district; and |
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50 | 50 | | (3) the product of $250 multiplied by the number of |
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51 | 51 | | part-time district employees, other than administrators. |
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52 | 52 | | SECTION 1.03. Section 21.402(c-1), Education Code, is |
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53 | 53 | | repealed. |
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54 | 54 | | SECTION 1.04. This article applies beginning with the |
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55 | 55 | | 2017-2018 school year. |
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56 | 56 | | ARTICLE 2. TEACHER RETIREMENT SYSTEM COST-OF-LIVING ADJUSTMENT |
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57 | 57 | | SECTION 2.01. Subchapter H, Chapter 824, Government Code, |
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58 | 58 | | is amended by adding Section 824.703 to read as follows: |
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59 | 59 | | Sec. 824.703. ADDITIONAL COST-OF-LIVING ADJUSTMENT. (a) |
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60 | 60 | | Notwithstanding Section 824.702, the retirement system shall make a |
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61 | 61 | | one-time cost-of-living adjustment of $1,000 payable to annuitants |
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62 | 62 | | receiving a monthly death or retirement benefit annuity, as |
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63 | 63 | | provided by this section. |
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64 | 64 | | (b) Subject to Subsections (c) and (d), to be eligible for |
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65 | 65 | | the adjustment, a person must be, on the effective date of the |
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66 | 66 | | adjustment and disregarding any forfeiture of benefits under |
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67 | 67 | | Section 824.601, an annuitant eligible to receive: |
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68 | 68 | | (1) a standard service or disability retirement |
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69 | 69 | | annuity payment; |
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70 | 70 | | (2) an optional service or disability retirement |
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71 | 71 | | annuity payment as either a retiree or beneficiary; |
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72 | 72 | | (3) an annuity payment under Section 824.402(a)(3) or |
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73 | 73 | | (4); |
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74 | 74 | | (4) an annuity payment under Section 824.502; or |
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75 | 75 | | (5) an alternate payee annuity payment under Section |
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76 | 76 | | 804.005. |
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77 | 77 | | (c) If the annuitant: |
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78 | 78 | | (1) is a retiree or is a beneficiary under an optional |
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79 | 79 | | retirement payment plan, to be eligible for the adjustment under |
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80 | 80 | | this section: |
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81 | 81 | | (A) the annuitant must be living on the effective |
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82 | 82 | | date of the adjustment; and |
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83 | 83 | | (B) the effective date of the retirement of the |
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84 | 84 | | member of the retirement system must have been after August 31, |
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85 | 85 | | 2004, and on or before June 30, 2017; |
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86 | 86 | | (2) is a beneficiary under Section 824.402(a)(3) or |
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87 | 87 | | (4) or 824.502, to be eligible for the adjustment: |
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88 | 88 | | (A) the annuitant must be living on the effective |
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89 | 89 | | date of the adjustment; and |
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90 | 90 | | (B) the date of death of the member of the |
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91 | 91 | | retirement system must have been after August 31, 2004, and on or |
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92 | 92 | | before June 30, 2017; or |
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93 | 93 | | (3) is an alternate payee under Section 804.005, the |
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94 | 94 | | annuitant is eligible for the adjustment only if the effective date |
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95 | 95 | | of the election to receive the annuity payment was after August 31, |
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96 | 96 | | 2004, and on or before June 30, 2017. |
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97 | 97 | | (d) An adjustment made under this section does not apply to |
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98 | 98 | | payments under: |
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99 | 99 | | (1) Section 824.203(d), relating to retirees who |
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100 | 100 | | receive a standard service retirement annuity in an amount fixed by |
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101 | 101 | | statute; |
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102 | 102 | | (2) Section 824.304(a), relating to disability |
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103 | 103 | | retirees with less than 10 years of service credit; |
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104 | 104 | | (3) Section 824.304(b)(2), relating to disability |
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105 | 105 | | retirees who receive a disability annuity in an amount fixed by |
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106 | 106 | | statute; |
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107 | 107 | | (4) Section 824.404(a), relating to active member |
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108 | 108 | | survivor beneficiaries who receive a survivor annuity in an amount |
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109 | 109 | | fixed by statute; |
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110 | 110 | | (5) Section 824.501(a), relating to retiree survivor |
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111 | 111 | | beneficiaries who receive a survivor annuity in an amount fixed by |
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112 | 112 | | statute; or |
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113 | 113 | | (6) Section 824.804(b), relating to participants in |
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114 | 114 | | the deferred retirement option plan with regard to payments from |
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115 | 115 | | their deferred retirement option plan accounts. |
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116 | 116 | | (e) An adjustment under this section must be made beginning |
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117 | 117 | | with an annuity payable for the month of December 2017. |
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118 | 118 | | (f) The board of trustees shall: |
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119 | 119 | | (1) recompute the amount of a benefit paid monthly |
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120 | 120 | | under this chapter by applying the $1,000 adjustment to the monthly |
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121 | 121 | | amount otherwise required to be paid as determined in accordance |
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122 | 122 | | with the other applicable provisions of this chapter; and |
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123 | 123 | | (2) determine the eligibility for and the amount of |
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124 | 124 | | any adjustment in monthly annuities in accordance with this |
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125 | 125 | | section. |
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126 | 126 | | ARTICLE 3. EFFECTIVE DATE |
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127 | 127 | | SECTION 3.01. This Act takes effect immediately if it |
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128 | 128 | | receives a vote of two-thirds of all the members elected to each |
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129 | 129 | | house, as provided by Section 39, Article III, Texas Constitution. |
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130 | 130 | | If this Act does not receive the vote necessary for immediate |
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131 | 131 | | effect, this Act takes effect on the 91st day after the last day of |
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132 | 132 | | the legislative session. |
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