By: Hinojosa S.B. No. 1071
(In the Senate - Filed March 5, 2021; March 18, 2021, read
first time and referred to Committee on Finance; April 28, 2021,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 12, Nays 0; April 28, 2021, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1071 By: Whitmire
A BILL TO BE ENTITLED
AN ACT
relating to disability retirement benefits for certain peace
officers under the Employees Retirement System of Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 814.207(e), Government Code, is amended
to read as follows:
(e) If a retiring member or retiree under this section
presents evidence satisfactory to the retirement system that the
person's occupational disability makes the person incapable of
substantial gainful activity solely because of the disability and
is considered a total disability under federal social security law,
the retirement system shall, notwithstanding Section 811.006,
increase the person's occupational disability retirement annuity
to a monthly amount computed based on the maximum salary authorized
under Schedule C of the position classification salary schedule
prescribed by the General Appropriations Act, as adjusted from time
to time [100 percent of the officer's average monthly
compensation].
SECTION 2. (a) Subject to Subsection (b) of this section,
the Employees Retirement System of Texas shall recompute an annuity
that first became payable before September 1, 2021, as though
Section 814.207(e), Government Code, as amended by this Act, was in
effect on the date the increased annuity first became payable.
(b) The first payment of an annuity recomputed under
Subsection (a) of this section is payable on the first payment date
occurring on or after the effective date of this Act.
SECTION 3. The Employees Retirement System of Texas is
required to implement a provision of this Act only if the
legislature appropriates money specifically for that purpose. If
the legislature does not appropriate money specifically for that
purpose, the Employees Retirement System of Texas may, but is not
required to, implement a provision of this Act using other
appropriations available for that purpose.
SECTION 4. This Act takes effect September 1, 2021.
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