Texas 2019 86th Regular

Texas House Bill HB2542 Introduced / Bill

Filed 02/27/2019

                    86R11602 KFF-D
 By: Meza H.B. No. 2542


 A BILL TO BE ENTITLED
 AN ACT
 relating to the administration of and benefits payable under the
 Teacher Retirement System of Texas.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Sections 824.601(b-1) and (f), Government Code,
 are amended to read as follows:
 (b-1)  Subsection (b) does not apply to a retiree:
 (1)  under Section 824.202 whose effective date of
 retirement is on or before August 31, 2018; or
 (2)  who commits a minor violation of a provision of
 this subchapter, including a minor violation of an exception
 provided by Section 824.602, unless the violation occurs frequently
 [January 1, 2011].
 (f)  The system shall [may] adopt rules necessary for
 administering this subchapter, including rules necessary to
 implement Subsection (b-1)(2).
 SECTION 2.  Subchapter F, Chapter 825, Government Code, is
 amended by adding Section 825.521 to read as follows:
 Sec. 825.521.  DEADLINE TO APPEAL FINAL ADMINISTRATIVE
 DECISION. In adopting rules governing the appeal of a final
 administrative decision made by the retirement system, the board of
 trustees shall ensure that rules establishing deadlines for the
 filing of an appeal afford a member or retiree at least the same
 amount of time to file an appeal as the retirement system had to
 issue the retirement system's decision.
 SECTION 3.  (a)  A person who resumed employment after
 retirement and whose benefit payments were suspended under Section
 824.601, Government Code, as that section existed before amendment
 by this Act, is entitled to the resumption of monthly benefit
 payments if the person meets the requirements of Section
 824.601(b-1), Government Code, as amended by this Act.
 (b)  The Teacher Retirement System of Texas shall resume
 making monthly benefit payments to a person described by Subsection
 (a) of this section on the first payment date occurring on or after
 the effective date of this Act.
 (c)  A person who is entitled to the resumption of monthly
 benefit payments under this section is not entitled to recover
 benefit payments not made during the period the person's benefit
 was suspended under Section 824.601, Government Code, as that
 section existed before amendment by this Act.
 SECTION 4.  (a)  As soon as practicable after the effective
 date of this Act, the board of trustees of the Teacher Retirement
 System of Texas shall adopt rules necessary to implement Section
 825.521, Government Code, as added by this Act.
 (b)  The change in law made by Section 825.521, Government
 Code, as added by this Act, applies only to the appeal of an
 administrative decision of the Teacher Retirement System of Texas
 made on or after January 1, 2020.  An appeal of a decision made
 before January 1, 2020, is governed by the law as it existed
 immediately before the effective date of this Act, and that law is
 continued in effect for that purpose.
 SECTION 5.  This Act takes effect September 1, 2019.