| 4 | 8 | | AN ACT |
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| 5 | 9 | | relating to disability retirement benefits for certain peace |
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| 6 | 10 | | officers under the Employees Retirement System of Texas. |
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| 7 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 12 | | SECTION 1. Section 814.207(e), Government Code, is amended |
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| 9 | 13 | | to read as follows: |
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| 10 | 14 | | (e) If a retiring member or retiree under this section |
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| 11 | 15 | | presents evidence satisfactory to the retirement system that the |
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| 12 | 16 | | person's occupational disability makes the person incapable of |
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| 13 | 17 | | substantial gainful activity solely because of the disability and |
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| 14 | 18 | | is considered a total disability under federal social security law, |
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| 15 | 19 | | the retirement system shall, notwithstanding Section 811.006, |
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| 16 | 20 | | increase the person's occupational disability retirement annuity |
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| 17 | 21 | | to a monthly amount computed based on the maximum salary authorized |
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| 18 | 22 | | under the position classification salary schedule prescribed by the |
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| 19 | 23 | | General Appropriations Act, as adjusted from time to time, |
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| 20 | 24 | | applicable to the position from which the person retired [100 |
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| 21 | 25 | | percent of the officer's average monthly compensation]. |
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| 22 | 26 | | SECTION 2. (a) Subject to Subsection (b) of this section, |
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| 23 | 27 | | the Employees Retirement System of Texas shall recompute an annuity |
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| 24 | 28 | | that first became payable before September 1, 2021, as though |
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| 25 | 29 | | Section 814.207(e), Government Code, as amended by this Act, was in |
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| 26 | 30 | | effect on the date the increased annuity first became payable. |
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| 27 | 31 | | (b) The first payment of an annuity recomputed under |
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| 28 | 32 | | Subsection (a) of this section is payable on the first payment date |
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| 29 | 33 | | occurring on or after the effective date of this Act. |
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| 30 | 34 | | SECTION 3. This Act takes effect September 1, 2021. |
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| 31 | | - | ______________________________ ______________________________ |
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| 32 | | - | President of the Senate Speaker of the House |
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| 33 | | - | I hereby certify that S.B. No. 1071 passed the Senate on |
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| 34 | | - | May 5, 2021, by the following vote: Yeas 31, Nays 0; and that the |
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| 35 | | - | Senate concurred in House amendment on May 29, 2021, by the |
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| 36 | | - | following vote: Yeas 31, Nays 0. |
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| 37 | | - | ______________________________ |
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| 38 | | - | Secretary of the Senate |
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| 39 | | - | I hereby certify that S.B. No. 1071 passed the House, with |
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| 40 | | - | amendment, on May 26, 2021, by the following vote: Yeas 118, |
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| 41 | | - | Nays 29, two present not voting. |
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| 42 | | - | ______________________________ |
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| 43 | | - | Chief Clerk of the House |
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| 44 | | - | Approved: |
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| 45 | | - | ______________________________ |
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| 46 | | - | Date |
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| 47 | | - | ______________________________ |
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| 48 | | - | Governor |
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