Texas 2021 - 87th Regular

Texas House Bill HB1846 Compare Versions

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11 87R4807 BDP-D
22 By: Allen H.B. No. 1846
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to benefits paid by the Teacher Retirement System of
88 Texas.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subchapter H, Chapter 824, Government Code, is
1111 amended by adding Sections 824.7015 and 824.703 to read as follows:
1212 Sec. 824.7015. ADJUSTMENT TO BENEFITS. (a)
1313 Notwithstanding Section 824.702, the amount of a monthly service
1414 retirement benefit, disability retirement benefit, or death
1515 benefit paid under this chapter is increased to include a 10 percent
1616 adjustment in accordance with this section.
1717 (b) The board of trustees shall recompute the amount of a
1818 benefit paid monthly under this chapter by applying the 10 percent
1919 adjustment to the monthly amount otherwise required to be paid as
2020 determined in accordance with the other applicable provisions of
2121 this chapter and other law.
2222 Sec. 824.703. ANNUAL ADJUSTMENT FOR COST OF LIVING. (a)
2323 Notwithstanding Section 824.702, the amount of a monthly service
2424 retirement benefit, disability retirement benefit, or death
2525 benefit paid under this chapter is increased to include a four
2626 percent annual cost-of-living adjustment in accordance with this
2727 section.
2828 (b) The board of trustees shall recompute the amount of a
2929 benefit paid monthly under this chapter by applying the four
3030 percent adjustment to the monthly amount otherwise required to be
3131 paid as determined in accordance with the other applicable
3232 provisions of this chapter.
3333 SECTION 2. (a) The Teacher Retirement System of Texas
3434 shall make a one-time supplemental payment of a retirement or death
3535 benefit, as provided by this section.
3636 (b) The supplemental payment is payable in January 2022 and,
3737 to the extent practicable, on a date or dates that coincide with the
3838 regular annuity payment payable to each eligible annuitant.
3939 (c) The amount of the supplemental payment is equal to the
4040 greater of:
4141 (1) $2,000; or
4242 (2) the gross amount of the regular annuity payment to
4343 which the eligible annuitant is otherwise entitled for the month of
4444 December 2021.
4545 (d) The supplemental payment is payable without regard to
4646 any forfeiture of benefits under Section 824.601, Government Code.
4747 The Teacher Retirement System of Texas shall make applicable tax
4848 withholding and other legally required deductions before
4949 disbursing the supplemental payment. A supplemental payment under
5050 this section is in addition to and not in lieu of the regular
5151 monthly annuity payment to which the eligible annuitant is
5252 otherwise entitled.
5353 (e) Subject to Subsection (f) of this section, to be
5454 eligible for the supplemental payment, a person must be, for the
5555 month of December 2021, and disregarding any forfeiture of benefits
5656 under Section 824.601, Government Code, an annuitant eligible to
5757 receive:
5858 (1) a standard retirement annuity payment;
5959 (2) an optional retirement annuity payment as either a
6060 retiree or beneficiary;
6161 (3) a life annuity payment under Section
6262 824.402(a)(4), Government Code;
6363 (4) an annuity for a guaranteed period of 60 months
6464 under Section 824.402(a)(3), Government Code; or
6565 (5) an alternate payee annuity payment under Section
6666 804.005, Government Code.
6767 (f) If the annuitant is a retiree or a beneficiary under an
6868 optional retirement payment plan, to be eligible for the
6969 supplemental payment, the effective date of the retirement of the
7070 member of the Teacher Retirement System of Texas must have been
7171 before September 1, 2020. If the annuitant is a beneficiary under
7272 Section 824.402(a)(3) or (4), Government Code, to be eligible for
7373 the supplemental payment, the date of death of the member of the
7474 retirement system must have been before September 1, 2020. The
7575 supplemental payment shall be made to an alternate payee who is an
7676 annuitant under Section 804.005, Government Code, only if the
7777 annuity payment to the alternate payee commenced before September
7878 1, 2020. The supplemental payment is in addition to the guaranteed
7979 number of payments under Section 824.402(a)(3) or 824.204(c)(3) or
8080 (4), Government Code, and may not be counted as one of the
8181 guaranteed monthly payments.
8282 (g) The supplemental payment does not apply to payments
8383 under:
8484 (1) Section 824.304(a), Government Code, relating to
8585 disability retirees with less than 10 years of service credit;
8686 (2) Section 824.804(b), Government Code, relating to
8787 participants in the deferred retirement option plan with regard to
8888 payments from their deferred retirement option plan accounts;
8989 (3) Section 824.501(a), Government Code, relating to
9090 retiree survivor beneficiaries who receive a survivor annuity in an
9191 amount fixed by statute; or
9292 (4) Section 824.404(a), Government Code, relating to
9393 active member survivor beneficiaries who receive a survivor annuity
9494 in an amount fixed by statute.
9595 (h) Except as provided by this section, the board of
9696 trustees of the Teacher Retirement System of Texas shall determine
9797 the eligibility for and the amount and timing of a supplemental
9898 payment and the manner in which the payment is made.
9999 (i) The Teacher Retirement System of Texas shall pay the
100100 supplemental payment made under this section from the retired
101101 reserve account and may transfer to that account from the state
102102 contribution account any portion of the amount that exceeds the
103103 amount in the retired reserve account available to finance the
104104 supplemental payment and that is actuarially determined to be
105105 necessary to finance the supplemental payment. The supplemental
106106 payment under this section must comply with Section 821.006,
107107 Government Code.
108108 SECTION 3. Sections 824.7015 and 824.703, Government Code,
109109 as added by this Act, apply only to a monthly benefit payment made
110110 by the Teacher Retirement System of Texas on or after September 1,
111111 2021.
112112 SECTION 4. This Act takes effect September 1, 2021.