| 1 | 1 | | 86R11602 KFF-D |
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| 2 | 2 | | By: Meza H.B. No. 2542 |
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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 administration of and benefits payable under the |
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| 8 | 8 | | Teacher Retirement System of Texas. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 824.601(b-1) and (f), Government Code, |
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| 11 | 11 | | are amended to read as follows: |
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| 12 | 12 | | (b-1) Subsection (b) does not apply to a retiree: |
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| 13 | 13 | | (1) under Section 824.202 whose effective date of |
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| 14 | 14 | | retirement is on or before August 31, 2018; or |
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| 15 | 15 | | (2) who commits a minor violation of a provision of |
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| 16 | 16 | | this subchapter, including a minor violation of an exception |
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| 17 | 17 | | provided by Section 824.602, unless the violation occurs frequently |
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| 18 | 18 | | [January 1, 2011]. |
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| 19 | 19 | | (f) The system shall [may] adopt rules necessary for |
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| 20 | 20 | | administering this subchapter, including rules necessary to |
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| 21 | 21 | | implement Subsection (b-1)(2). |
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| 22 | 22 | | SECTION 2. Subchapter F, Chapter 825, Government Code, is |
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| 23 | 23 | | amended by adding Section 825.521 to read as follows: |
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| 24 | 24 | | Sec. 825.521. DEADLINE TO APPEAL FINAL ADMINISTRATIVE |
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| 25 | 25 | | DECISION. In adopting rules governing the appeal of a final |
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| 26 | 26 | | administrative decision made by the retirement system, the board of |
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| 27 | 27 | | trustees shall ensure that rules establishing deadlines for the |
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| 28 | 28 | | filing of an appeal afford a member or retiree at least the same |
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| 29 | 29 | | amount of time to file an appeal as the retirement system had to |
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| 30 | 30 | | issue the retirement system's decision. |
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| 31 | 31 | | SECTION 3. (a) A person who resumed employment after |
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| 32 | 32 | | retirement and whose benefit payments were suspended under Section |
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| 33 | 33 | | 824.601, Government Code, as that section existed before amendment |
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| 34 | 34 | | by this Act, is entitled to the resumption of monthly benefit |
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| 35 | 35 | | payments if the person meets the requirements of Section |
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| 36 | 36 | | 824.601(b-1), Government Code, as amended by this Act. |
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| 37 | 37 | | (b) The Teacher Retirement System of Texas shall resume |
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| 38 | 38 | | making monthly benefit payments to a person described by Subsection |
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| 39 | 39 | | (a) of this section on the first payment date occurring on or after |
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| 40 | 40 | | the effective date of this Act. |
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| 41 | 41 | | (c) A person who is entitled to the resumption of monthly |
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| 42 | 42 | | benefit payments under this section is not entitled to recover |
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| 43 | 43 | | benefit payments not made during the period the person's benefit |
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| 44 | 44 | | was suspended under Section 824.601, Government Code, as that |
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| 45 | 45 | | section existed before amendment by this Act. |
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| 46 | 46 | | SECTION 4. (a) As soon as practicable after the effective |
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| 47 | 47 | | date of this Act, the board of trustees of the Teacher Retirement |
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| 48 | 48 | | System of Texas shall adopt rules necessary to implement Section |
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| 49 | 49 | | 825.521, Government Code, as added by this Act. |
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| 50 | 50 | | (b) The change in law made by Section 825.521, Government |
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| 51 | 51 | | Code, as added by this Act, applies only to the appeal of an |
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| 52 | 52 | | administrative decision of the Teacher Retirement System of Texas |
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| 53 | 53 | | made on or after January 1, 2020. An appeal of a decision made |
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| 54 | 54 | | before January 1, 2020, is governed by the law as it existed |
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| 55 | 55 | | immediately before the effective date of this Act, and that law is |
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| 56 | 56 | | continued in effect for that purpose. |
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| 57 | 57 | | SECTION 5. This Act takes effect September 1, 2019. |
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