Texas 2021 87th Regular

Texas House Bill HB3787 Fiscal Note / Fiscal Note

Filed 04/07/2021

                    LEGISLATIVE BUDGET BOARD     Austin, Texas       FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION             April 6, 2021       TO: Honorable Rafael Anchia, Chair, House Committee on Pensions, Investments & Financial Services     FROM: Jerry McGinty, Director, Legislative Budget Board      IN RE: HB3787 by Dean (Relating to the loss of benefits by and the payment of certain employer contributions for certain retirees of the Teacher Retirement System of Texas who resume service.), As Introduced     No significant fiscal implication to the State is anticipated.  However, there would be an impact to the Teacher Retirement System which could impact the actuarial soundness of the fund. The bill provides all retirees as of January 1, 2021 the ability to return to employment at a Texas public educational institution without an impact to their Teacher Retirement System (TRS) annuity, regardless of how long the member has been retired or if the member has been working on a part-time basis.The bill also provides that a retiree isn't considered employed by a Texas educational institution if they are providing online supplemental education and support services provided by a nonprofit entity. The bill would prohibit TRS from withholding an annuity without first giving a written warning about exceeding Employment After Retirement (EAR) limitations. The bill would require TRS to provide notice of a violation to the retiree if they are in violation after the first warning and the bill would require the retiree to either return a prorated amount that is attributable to the period in which they exceeded EAR limitations, or pay the difference between actual hours or days for which they were compensated and the hours or days they are allowed to work. TRS would be authorized to withhold the monthly annuity if the retiree exceeds EAR limitations after receiving the second violation notification. The bill would apply beginning with the 2021-2022 school year.   According to the actuarial impact statement provided by the Pension Review Board, the elimination of contributions collected by the retirement system from the employer on behalf of rehired retirees would have detrimental effects to the actuarial soundness of TRS.  Local Government ImpactNo fiscal implication to units of local government is anticipated.  Source Agencies: b > td > 323 Teacher Retirement System, 338 Pension Review Board  LBB Staff: b > td > JMc, AAL, AH, RSTE

LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION
April 6, 2021

 

 

  TO: Honorable Rafael Anchia, Chair, House Committee on Pensions, Investments & Financial Services     FROM: Jerry McGinty, Director, Legislative Budget Board      IN RE: HB3787 by Dean (Relating to the loss of benefits by and the payment of certain employer contributions for certain retirees of the Teacher Retirement System of Texas who resume service.), As Introduced   

TO: Honorable Rafael Anchia, Chair, House Committee on Pensions, Investments & Financial Services
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB3787 by Dean (Relating to the loss of benefits by and the payment of certain employer contributions for certain retirees of the Teacher Retirement System of Texas who resume service.), As Introduced

 Honorable Rafael Anchia, Chair, House Committee on Pensions, Investments & Financial Services

 Honorable Rafael Anchia, Chair, House Committee on Pensions, Investments & Financial Services

 Jerry McGinty, Director, Legislative Budget Board 

 Jerry McGinty, Director, Legislative Budget Board 

 HB3787 by Dean (Relating to the loss of benefits by and the payment of certain employer contributions for certain retirees of the Teacher Retirement System of Texas who resume service.), As Introduced 

 HB3787 by Dean (Relating to the loss of benefits by and the payment of certain employer contributions for certain retirees of the Teacher Retirement System of Texas who resume service.), As Introduced 



No significant fiscal implication to the State is anticipated.  However, there would be an impact to the Teacher Retirement System which could impact the actuarial soundness of the fund.

No significant fiscal implication to the State is anticipated.  However, there would be an impact to the Teacher Retirement System which could impact the actuarial soundness of the fund.

The bill provides all retirees as of January 1, 2021 the ability to return to employment at a Texas public educational institution without an impact to their Teacher Retirement System (TRS) annuity, regardless of how long the member has been retired or if the member has been working on a part-time basis.The bill also provides that a retiree isn't considered employed by a Texas educational institution if they are providing online supplemental education and support services provided by a nonprofit entity. The bill would prohibit TRS from withholding an annuity without first giving a written warning about exceeding Employment After Retirement (EAR) limitations. The bill would require TRS to provide notice of a violation to the retiree if they are in violation after the first warning and the bill would require the retiree to either return a prorated amount that is attributable to the period in which they exceeded EAR limitations, or pay the difference between actual hours or days for which they were compensated and the hours or days they are allowed to work. TRS would be authorized to withhold the monthly annuity if the retiree exceeds EAR limitations after receiving the second violation notification. The bill would apply beginning with the 2021-2022 school year.   According to the actuarial impact statement provided by the Pension Review Board, the elimination of contributions collected by the retirement system from the employer on behalf of rehired retirees would have detrimental effects to the actuarial soundness of TRS.



According to the actuarial impact statement provided by the Pension Review Board, the elimination of contributions collected by the retirement system from the employer on behalf of rehired retirees would have detrimental effects to the actuarial soundness of TRS.

 Local Government Impact

No fiscal implication to units of local government is anticipated.

Source Agencies: b > td > 323 Teacher Retirement System, 338 Pension Review Board

323 Teacher Retirement System, 338 Pension Review Board

LBB Staff: b > td > JMc, AAL, AH, RSTE

JMc, AAL, AH, RSTE