By: Darby, Guillen, Oliveira, Guerra, et al. H.B. No. 80
A BILL TO BE ENTITLED
AN ACT
relating to a cost-of-living adjustment applicable to certain
benefits paid by the Teacher Retirement System of Texas, including
a related study.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 824, Government Code, is
amended by adding Section 824.703 to read as follows:
Sec. 824.703. ADDITIONAL COST-OF-LIVING ADJUSTMENT.
(a) Notwithstanding Section 824.702 and subject to Section
821.006, the retirement system shall make a one-time cost-of-living
adjustment payable to annuitants receiving a monthly death or
retirement benefit annuity, as provided by this section.
(b) Subject to Subsections (c) and (d), to be eligible for
the adjustment, a person must be, on the effective date of the
adjustment and disregarding any forfeiture of benefits under
Section 824.601, an annuitant eligible to receive:
(1) a standard service or disability retirement
annuity payment;
(2) an optional service or disability retirement
annuity payment as either a retiree or beneficiary;
(3) an annuity payment under Section 824.402(a)(3) or
(4);
(4) an annuity payment under Section 824.502; or
(5) an alternate payee annuity payment under Section
804.005.
(c) If the annuitant:
(1) is a retiree or is a beneficiary under an optional
retirement payment plan, to be eligible for the adjustment under
this section:
(A) the annuitant must be living on the effective
date of the adjustment; and
(B) the effective date of the retirement of the
member of the retirement system must have been after August 31,
2004, and on or before August 31, 2015;
(2) is a beneficiary under Section 824.402(a)(3) or
(4) or 824.502, to be eligible for the adjustment:
(A) the annuitant must be living on the effective
date of the adjustment; and
(B) the date of death of the member of the
retirement system must have been after August 31, 2004, and on or
before August 31, 2015; or
(3) is an alternate payee under Section 804.005, the
annuitant is eligible for the adjustment only if the effective date
of the election to receive the annuity payment was after August 31,
2004, and on or before August 31, 2015.
(d) An adjustment made under this section does not apply to
payments under:
(1) Section 824.203(d), relating to retirees who
receive a standard service retirement annuity in an amount fixed by
statute;
(2) Section 824.304(a), relating to disability
retirees with less than 10 years of service credit;
(3) Section 824.304(b)(2), relating to disability
retirees who receive a disability annuity in an amount fixed by
statute;
(4) Section 824.404(a), relating to active member
survivor beneficiaries who receive a survivor annuity in an amount
fixed by statute;
(5) Section 824.501(a), relating to retiree survivor
beneficiaries who receive a survivor annuity in an amount fixed by
statute; or
(6) Section 824.804(b), relating to participants in
the deferred retirement option plan with regard to payments from
their deferred retirement option plan accounts.
(e) An adjustment under this section:
(1) must be made as soon as practicable after the board
of trustees finds that payment of the adjustment would not violate
Section 821.006; and
(2) is limited to the lesser of:
(A) an amount equal to three percent of the
monthly benefit subject to the increase; or
(B) $100 a month.
(f) The board of trustees shall determine the eligibility
for and the amount of any adjustment in monthly annuities in
accordance with this section.
SECTION 2. (a) Using existing resources, the Teacher
Retirement System of Texas shall conduct a study on future
cost-of-living adjustments payable to an annuitant receiving a
monthly death or retirement annuity, including projections on
future cost-of-living adjustments
and a review of structural
changes affecting cost-of-living adjustments, including the
feasibility of offering an alternative annuity payment option to
retirees under which the standard service retirement annuity
provided under Subchapter C, Chapter 824, Government Code, is
payable on a graduated scale with annuity payments increasing on an
annual basis. In conducting a study under this section, the
retirement system shall only consider alternative annuity payment
options that are projected by the retirement system's actuary to
have no fiscal impact to the state.
(b) Not later than September 1, 2018, the Teacher Retirement
System of Texas shall submit to the legislature a written report on
the results of the study and any recommendations for legislative or
other action.
(c) This section expires September 1, 2019.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect December 1, 2017.