Texas 2021 - 87th Regular

Texas Senate Bill SB288 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 288
	1	+	By: Seliger, et al. S.B. No. 288
	2	+	(Wu, Anchia, Dean, Ordaz Perez, Allen)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5		-	relating to preventing the loss of benefits of and the payment of
6		-	certain employer contributions for certain retirees of the Teacher
7		-	Retirement System of Texas who resume service.
	7	+	relating to preventing the loss of benefits by certain retirees of
	8	+	the Teacher Retirement System of Texas who resume service.
8	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	10		SECTION 1. Section 824.601, Government Code, is amended by
10	11		amending Subsection (b) and adding Subsection (b-3) to read as
11	12		follows:
12		-	(b) Except as provided by Subsection (b-1) or ~~Section~~
13		-	824.602 and subject to Subsection (b-2) ~~and~~, ~~if applicable,~~
14		-	~~Subsection (b-3), a retiree is not~~ entitled to service or
15		-	~~disability retirement benefit payments, as~~ applicable, for any
16		-	~~month in which the retiree is employed in any~~ position by a Texas
17		-	~~public educational institution.~~
18		-	~~(b-3)~~ A retiree under ~~Section 824.202 is subject to~~
19		-	~~Subsection (b) only if the retirement system first issues the~~
20		-	~~following notices to the retiree~~:
	13	+	(b) Except as provided by Subsection (b-1) or (b-3) or
	14	+	Section 824.602 and subject to Subsection (b-2), a retiree is not
	15	+	entitled to service or disability retirement benefit payments, as
	16	+	applicable, for any month in which the retiree is employed in any
	17	+	position by a Texas public educational institution.
	18	+	(b-3) The retirement system may not under this section
	19	+	withhold a monthly benefit payment for a retiree who retired under
	20	+	Section 824.202 and qualified for an exception under Section
	21	+	824.602 unless:
21	22		(1) with respect to the first occurrence of the
22		-	retiree's employment that does not qualify for an exception under
	23	+	retiree's employment that does not qualify for the exception under
23	24		Section 824.602, the system issued a written warning notifying the
24	25		retiree of that fact; and
25	26		(2) in a month following the month in which the system
26	27		issued the warning described by Subdivision (1) and with respect to
27	28		a subsequent occurrence of the retiree's continued employment that
28		-	does not qualify for an exception under Section 824.602, the ~~system~~
29		-	issued a written notice:
	29	+	does not qualify for the exception under Section 824.602, the
	30	+	system issued a written notice:
30	31		(A) warning the retiree of the fact described by
31		-	~~this~~ subdivision; and
	32	+	Subdivision (2); and
32	33		(B) requiring the retiree to pay to the system,
33		-	in a form and manner prescribed by the system, an amount~~, as~~ elected
34		-	by the retiree, that equals the total sum the retiree:
	34	+	in a form and manner prescribed by the system, an amount elected by
	35	+	the retiree that equals the total sum the retiree:
35	36		(i) earned for all employment by Texas
36	37		public educational institutions for each month occurring after the
37		-	issuance of the warning under Subdivision (1) for which the retiree
38		-	did not qualify for an exception under Section 824.602 and before
39		-	the month the system issued the written notice described by this
40		-	subdivision; or
	38	+	issuance of the warning under Subdivision (1) and before the month
	39	+	the system began withholding benefit payments under this section;
	40	+	or
41	41		(ii) received in retirement benefit
42	42		payments for each month occurring after the issuance of the warning
43		-	under Subdivision (1) for which the retiree did not qualify for an
44		-	exception under Section 824.602 and before the month the system
45		-	issued the written notice described by this subdivision.
46		-	SECTION 2. Subchapter G, Chapter 824, Government Code, is
47		-	amended by adding Section 824.6021 to read as follows:
48		-	Sec. 824.6021. TEMPORARY EXCEPTION TO MITIGATE LEARNING
49		-	LOSS ATTRIBUTABLE TO COVID-19 PANDEMIC. (a) Subject to Section
50		-	825.506, the retirement system may not, under Section 824.601,
51		-	withhold a monthly benefit payment if the retiree is employed in a
52		-	Texas public educational institution, other than an institution of
53		-	higher education, in a position performing duties related to the
54		-	mitigation of student learning loss attributable to the coronavirus
55		-	disease (COVID-19) pandemic, if the position:
56		-	(1) is in addition to the normal staffing level at the
57		-	Texas public educational institution;
58		-	(2) is funded wholly by federal funds provided under
59		-	federal law enacted for the purpose of providing relief related to
60		-	the coronavirus disease (COVID-19) pandemic, including the
61		-	Coronavirus Aid, Relief, and Economic Security (CARES) Act (15
62		-	U.S.C. Section 9001 et seq.), Coronavirus Response and Relief
63		-	Supplemental Appropriations Act, 2021 (Div. M, Pub. L. No.
64		-	116-260), or American Rescue Plan Act of 2021 (Pub. L. No. 117-2);
65		-	and
66		-	(3) ends on or before December 31, 2024.
67		-	(b) The exception provided by this section:
68		-	(1) is in addition to the exceptions otherwise
69		-	provided by Sections 824.601 and 824.602; and
70		-	(2) does not apply to disability retirees.
71		-	(c) This section expires February 1, 2025.
72		-	SECTION 3. Section 825.308, Government Code, is amended to
73		-	read as follows:
74		-	Sec. 825.308. STATE CONTRIBUTION ACCOUNT. The retirement
75		-	system shall deposit in the state contribution account:
76		-	(1) all state contributions to the retirement system
77		-	required by Section 825.404;
78		-	(2) amounts from the interest account as provided by
79		-	Section 825.313(b)(2);
80		-	(3) retirement annuities waived or forfeited in
81		-	accordance with Section 824.601 or 824.004;
82		-	(3-a) retiree earnings described by Section
83		-	824.601(b-3)(2)(B)(i) that have been paid to the system;
84		-	(4) fees collected under Section 825.403(h);
85		-	(5) fees and interest for reinstatement of service
86		-	credit or establishment of membership service credit as provided by
87		-	Section 823.501;
88		-	(6) the portion of a deposit required by Section
89		-	823.302 to establish military service credit that represents a fee;
90		-	and
91		-	(7) employer contributions required under Section
92		-	825.4092.
93		-	SECTION 4. Section 825.4092, Government Code, is amended by
94		-	adding Subsection (f) to read as follows:
95		-	(f) Notwithstanding any other provision of this section,
96		-	the amounts required to be paid under Subsections (b) and (c) are
97		-	not required to be paid by a reporting employer for a retiree who
98		-	retired from the retirement system on or after September 1, 2005,
99		-	and is employed in a position described by Section 824.6021(a).
100		-	This subsection expires February 1, 2025.
101		-	SECTION 5. Section 824.601, Government Code, as amended by
	43	+	under Subdivision (1) and before the month the system began
	44	+	withholding benefit payments under this section.
	45	+	SECTION 2. Section 824.601, Government Code, as amended by
102	46		this Act, applies only to the employment of a retiree of the Teacher
103	47		Retirement System of Texas on or after the effective date of this
104	48		Act.
105		-	SECTION 6. As soon as practicable after the effective date
	49	+	SECTION 3. As soon as practicable after the effective date
106	50		of this Act, the Teacher Retirement System of Texas shall adopt
107	51		rules as necessary to implement Section 824.601, Government Code,
108	52		as amended by this Act.
109		-	SECTION 7. Section 825.4092, Government Code, as amended by
110		-	this Act, applies beginning with the 2021-2022 school year.
111		-	SECTION 8. This Act takes effect September 1, 2021.
112		-	______________________________ ______________________________
113		-	President of the Senate Speaker of the House
114		-	I hereby certify that S.B. No. 288 passed the Senate on
115		-	April 19, 2021, by the following vote: Yeas 31, Nays 0;
116		-	May 25, 2021, Senate refused to concur in House amendments and
117		-	requested appointment of Conference Committee; May 27, 2021,
118		-	House granted request of the Senate; May 29, 2021, Senate adopted
119		-	Conference Committee Report by the following vote: Yeas 31,
120		-	Nays 0.
121		-	______________________________
122		-	Secretary of the Senate
123		-	I hereby certify that S.B. No. 288 passed the House, with
124		-	amendments, on May 24, 2021, by the following vote: Yeas 146,
125		-	Nays 0, one present not voting; May 27, 2021, House granted request
126		-	of the Senate for appointment of Conference Committee;
127		-	May 29, 2021, House adopted Conference Committee Report by the
128		-	following vote: Yeas 138, Nays 1, one present not voting.
129		-	______________________________
130		-	Chief Clerk of the House
131		-	Approved:
132		-	______________________________
133		-	Date
134		-	______________________________
135		-	Governor
	53	+	SECTION 4. This Act takes effect September 1, 2021.