Texas 2021 - 87th 1st C.S.

Texas House Bill HB85 Compare Versions

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11 87S10229 BDP-F
2- By: Rogers, Ashby, Darby, Perez, et al. H.B. No. 85
2+ By: Rogers H.B. No. 85
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to a one-time supplemental payment of benefits under the
88 Teacher Retirement System of Texas.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. (a) Subject to Section 821.006, Government
1111 Code, the Teacher Retirement System of Texas shall make a one-time
1212 supplemental payment of a retirement or death benefit, as provided
1313 by this section.
1414 (b) The supplemental payment is payable not later than
1515 January 2022 and, to the extent practicable, on a date or dates that
1616 coincide with the regular annuity payment payable to each eligible
1717 annuitant.
1818 (c) The amount of the supplemental payment is equal to the
1919 lesser of:
2020 (1) the gross amount of the regular annuity payment to
2121 which the eligible annuitant is otherwise entitled for the calendar
2222 month immediately prior to the calendar month in which the Teacher
2323 Retirement System of Texas issues the one-time supplemental payment
2424 in accordance with Subsection (b) of this section; or
2525 (2) $2,400.
2626 (d) The supplemental payment is payable without regard to
2727 any forfeiture of benefits under Section 824.601, Government Code.
2828 The Teacher Retirement System of Texas shall make applicable tax
2929 withholding and other legally required deductions before
3030 disbursing the supplemental payment. A supplemental payment under
3131 this section is in addition to and not in lieu of the regular
3232 monthly annuity payment to which the eligible annuitant is
3333 otherwise entitled.
3434 (e) Subject to Subsection (f) of this section, to be
3535 eligible for the supplemental payment, a person must be, for the
3636 calendar month immediately prior to the calendar month in which the
3737 Teacher Retirement System of Texas issues the one-time supplemental
3838 payment in accordance with Subsection (b) of this section, and
3939 disregarding any forfeiture of benefits under Section 824.601,
4040 Government Code, an annuitant eligible to receive:
4141 (1) a standard retirement annuity payment;
4242 (2) an optional retirement annuity payment as either a
4343 retiree or beneficiary;
4444 (3) a life annuity payment under Section
4545 824.402(a)(4), Government Code;
4646 (4) an annuity for a guaranteed period of 60 months
4747 under Section 824.402(a)(3), Government Code; or
4848 (5) an alternate payee annuity payment under Section
4949 804.005, Government Code.
5050 (f) If the annuitant is a retiree or a beneficiary under an
5151 optional retirement payment plan, to be eligible for the
5252 supplemental payment, the effective date of the retirement of the
5353 member of the Teacher Retirement System of Texas must have been on
5454 or before December 31, 2020. If the annuitant is a beneficiary
5555 under Section 824.402(a)(3) or (4), Government Code, to be eligible
5656 for the supplemental payment, the date of death of the member of the
5757 retirement system must have been on or before December 31, 2018.
5858 The supplemental payment shall be made to an alternate payee who is
5959 an annuitant under Section 804.005, Government Code, only if the
6060 annuity payment to the alternate payee commenced on or before
6161 December 31, 2020. The supplemental payment is in addition to the
6262 guaranteed number of payments under Section 824.204(c)(3) or (4),
6363 Section 824.308(c)(3) or (4), or Section 824.402(a)(3), Government
6464 Code, and may not be counted as one of the guaranteed monthly
6565 payments.
6666 (g) The supplemental payment does not apply to payments
6767 under:
6868 (1) Section 824.304(a), Government Code, relating to
6969 disability retirees with less than 10 years of service credit;
7070 (2) Section 824.804(b), Government Code, relating to
7171 participants in the deferred retirement option plan with regard to
7272 payments from their deferred retirement option plan accounts;
7373 (3) Section 824.501(a), Government Code, relating to
7474 retiree survivor beneficiaries who receive a survivor annuity in an
7575 amount fixed by statute; or
7676 (4) Section 824.404(a), Government Code, relating to
7777 active member survivor beneficiaries who receive a survivor annuity
7878 in an amount fixed by statute.
7979 (h) The board of trustees of the Teacher Retirement System
8080 of Texas shall determine the eligibility for and the amount and
8181 timing of a supplemental payment and the manner in which the payment
8282 is made.
8383 SECTION 2. This Act takes effect immediately if it receives
8484 a vote of two-thirds of all the members elected to each house, as
8585 provided by Section 39, Article III, Texas Constitution. If this
8686 Act does not receive the vote necessary for immediate effect, this
8787 Act takes effect on the 91st day after the last day of the
8888 legislative session.