1 | 1 | | 87S20097 BDP-F |
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2 | 2 | | By: Rogers H.B. No. 8 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to a one-time supplemental payment of benefits under the |
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8 | 8 | | Teacher Retirement System of Texas. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. (a) Subject to Subsection (i) of this section |
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11 | 11 | | and Section 821.006, Government Code, the Teacher Retirement System |
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12 | 12 | | of Texas shall make a one-time supplemental payment of a retirement |
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13 | 13 | | or death benefit, as provided by this section. |
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14 | 14 | | (b) The supplemental payment is payable not later than |
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15 | 15 | | January 2022 and, to the extent practicable, on a date or dates that |
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16 | 16 | | coincide with the regular annuity payment payable to each eligible |
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17 | 17 | | annuitant. |
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18 | 18 | | (c) The amount of the supplemental payment is equal to the |
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19 | 19 | | lesser of: |
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20 | 20 | | (1) the gross amount of the regular annuity payment to |
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21 | 21 | | which the eligible annuitant is otherwise entitled for the calendar |
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22 | 22 | | month immediately prior to the calendar month in which the Teacher |
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23 | 23 | | Retirement System of Texas issues the one-time supplemental payment |
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24 | 24 | | in accordance with Subsection (b) of this section; or |
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25 | 25 | | (2) $2,400. |
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26 | 26 | | (d) The supplemental payment is payable without regard to |
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27 | 27 | | any forfeiture of benefits under Section 824.601, Government Code. |
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28 | 28 | | The Teacher Retirement System of Texas shall make applicable tax |
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29 | 29 | | withholding and other legally required deductions before |
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30 | 30 | | disbursing the supplemental payment. A supplemental payment under |
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31 | 31 | | this section is in addition to and not in lieu of the regular |
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32 | 32 | | monthly annuity payment to which the eligible annuitant is |
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33 | 33 | | otherwise entitled. |
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34 | 34 | | (e) Subject to Subsection (f) of this section, to be |
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35 | 35 | | eligible for the supplemental payment, a person must be, for the |
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36 | 36 | | calendar month immediately prior to the calendar month in which the |
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37 | 37 | | Teacher Retirement System of Texas issues the one-time supplemental |
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38 | 38 | | payment in accordance with Subsection (b) of this section, and |
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39 | 39 | | disregarding any forfeiture of benefits under Section 824.601, |
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40 | 40 | | Government Code, an annuitant eligible to receive: |
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41 | 41 | | (1) a standard retirement annuity payment; |
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42 | 42 | | (2) an optional retirement annuity payment as either a |
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43 | 43 | | retiree or beneficiary; |
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44 | 44 | | (3) a life annuity payment under Section |
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45 | 45 | | 824.402(a)(4), Government Code; |
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46 | 46 | | (4) an annuity for a guaranteed period of 60 months |
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47 | 47 | | under Section 824.402(a)(3), Government Code; or |
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48 | 48 | | (5) an alternate payee annuity payment under Section |
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49 | 49 | | 804.005, Government Code. |
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50 | 50 | | (f) If the annuitant is a retiree or a beneficiary under an |
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51 | 51 | | optional retirement payment plan, to be eligible for the |
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52 | 52 | | supplemental payment, the effective date of the retirement of the |
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53 | 53 | | member of the Teacher Retirement System of Texas must have been on |
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54 | 54 | | or before December 31, 2020. If the annuitant is a beneficiary |
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55 | 55 | | under Section 824.402(a)(3) or (4), Government Code, to be eligible |
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56 | 56 | | for the supplemental payment, the date of death of the member of the |
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57 | 57 | | retirement system must have been on or before December 31, 2020. |
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58 | 58 | | The supplemental payment shall be made to an alternate payee who is |
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59 | 59 | | an annuitant under Section 804.005, Government Code, only if the |
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60 | 60 | | annuity payment to the alternate payee commenced on or before |
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61 | 61 | | December 31, 2020. The supplemental payment is in addition to the |
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62 | 62 | | guaranteed number of payments under Section 824.204(c)(3) or (4), |
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63 | 63 | | Section 824.308(c)(3) or (4), or Section 824.402(a)(3), Government |
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64 | 64 | | Code, and may not be counted as one of the guaranteed monthly |
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65 | 65 | | payments. |
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66 | 66 | | (g) The supplemental payment does not apply to payments |
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67 | 67 | | under: |
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68 | 68 | | (1) Section 824.304(a), Government Code, relating to |
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69 | 69 | | disability retirees with less than 10 years of service credit; |
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70 | 70 | | (2) Section 824.804(b), Government Code, relating to |
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71 | 71 | | participants in the deferred retirement option plan with regard to |
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72 | 72 | | payments from their deferred retirement option plan accounts; |
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73 | 73 | | (3) Section 824.501(a), Government Code, relating to |
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74 | 74 | | retiree survivor beneficiaries who receive a survivor annuity in an |
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75 | 75 | | amount fixed by statute; or |
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76 | 76 | | (4) Section 824.404(a), Government Code, relating to |
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77 | 77 | | active member survivor beneficiaries who receive a survivor annuity |
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78 | 78 | | in an amount fixed by statute. |
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79 | 79 | | (h) The board of trustees of the Teacher Retirement System |
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80 | 80 | | of Texas shall determine the eligibility for and the amount and |
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81 | 81 | | timing of a supplemental payment and the manner in which the payment |
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82 | 82 | | is made. |
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83 | 83 | | (i) The Teacher Retirement System of Texas is required to |
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84 | 84 | | make a one-time supplemental payment of benefits under this section |
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85 | 85 | | only if the board of trustees of the Teacher Retirement System of |
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86 | 86 | | Texas finds that the legislature appropriated money to the |
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87 | 87 | | retirement system in an amount sufficient to provide the |
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88 | 88 | | payment. The amount appropriated by the legislature to provide the |
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89 | 89 | | payment must be in addition to the amount the state is required to |
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90 | 90 | | contribute to the retirement system under Section 825.404, |
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91 | 91 | | Government Code. If the board of trustees of the Teacher Retirement |
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92 | 92 | | System of Texas finds that the legislature did not appropriate |
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93 | 93 | | money in an amount sufficient to provide a one-time supplemental |
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94 | 94 | | payment of benefits under this section, the retirement system may |
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95 | 95 | | not make the payment. |
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96 | 96 | | SECTION 2. This Act takes effect immediately if it receives |
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97 | 97 | | a vote of two-thirds of all the members elected to each house, as |
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98 | 98 | | provided by Section 39, Article III, Texas Constitution. If this |
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99 | 99 | | Act does not receive the vote necessary for immediate effect, this |
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100 | 100 | | Act takes effect on the 91st day after the last day of the |
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101 | 101 | | legislative session. |
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