86R922 TSR-D By: Hernandez H.B. No. 398 A BILL TO BE ENTITLED AN ACT relating to a cost-of-living increase applicable to benefits paid by the Teacher Retirement System of Texas. 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. COST-OF-LIVING ADJUSTMENT; ANNUAL DETERMINATION. (a) Notwithstanding any other law, the amount of a service retirement benefit, disability retirement benefit, or death benefit paid under this chapter is adjusted in accordance with this section as necessary to reflect inflation. (b) Each year, during the last seven days of October, the board of trustees shall set the rate of the adjustment for the next calendar year to equal the percentage increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) most recently published by the Bureau of Labor Statistics of the United States Department of Labor that is used by the United States Social Security Administration to provide a cost-of-living adjustment for social security benefit payments payable beginning in January of the next year. (c) Subject to Subsection (d), the board of trustees shall increase the amount of a benefit payable under this chapter by applying the adjustment rate set by the board of trustees under Subsection (b) to the amount otherwise required to be paid as determined in accordance with the other applicable provisions of this chapter. (d) The board of trustees may not pay a benefit increase under this section in any calendar year unless the board finds that the retirement system is actuarially sound and has money available to pay increased benefits in that year. If the board of trustees finds that the retirement system is actuarially sound, but that the amount of money available is not sufficient to pay the full amount of the adjustment under Subsection (b), the board shall compute the largest rate of adjustment possible for the amount of money available while maintaining the actuarial soundness of the system and shall use that rate in increasing benefits under Subsection (c) for that calendar year. SECTION 2. This Act applies only to a benefit paid by the Teacher Retirement System of Texas on or after January 1, 2020. SECTION 3. This Act takes effect September 1, 2019.