88R19303 KFF-F
By: Longoria, Lambert H.B. No. 4540
Substitute the following for H.B. No. 4540:
By: Capriglione C.S.H.B. No. 4540
A BILL TO BE ENTITLED
AN ACT
relating to certain benefits payable by the Judicial Retirement
System of Texas Plan One and the Judicial Retirement System of Texas
Plan Two.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. If the 88th Legislature, Regular Session, 2023,
enacts legislation that becomes law that increases the state salary
used to compute the service retirement annuity of a judge under
Section 834.102(a) or (c) or Section 839.102(a) or (c), Government
Code, notwithstanding that legislation or any other law, including
Section 311.025, Government Code, on the effective date of the
salary increase, the Employees Retirement System of Texas shall
recompute each annuity being paid under Section 834.102, 834.103,
834.203, 834.301, 834.302, 839.102, 839.103, 839.203, 839.301, or
839.302, Government Code, using the salary prescribed under Section
659.012(b)(2) that is in effect on the effective date of the salary
increase for the judge of a court of the same classification as the
court on which the former member on whose service the annuity is
based last served before the member retired or died, as applicable.
This section applies only to an annuity payment that becomes
payable on or after the effective date of this Act.
SECTION 2. (a) This section applies only:
(1) if the 88th Legislature, Regular Session, 2023,
does not enact legislation that becomes law that increases the
state salary used to compute the service retirement annuity of a
judge under Section 834.102(a) or (c) or Section 839.102(a) or (c),
Government Code;
(2) to an annuitant under the Judicial Retirement
System of Texas Plan One or the Judicial Retirement System of Texas
Plan Two who is eligible to receive:
(A) a service or disability retirement annuity
under Section 834.102, 834.103, 834.203, 839.102, 839.103, or
839.203, Government Code, that is based on an effective date of
retirement that occurred before September 1, 2019; or
(B) a death benefit annuity under Section
834.301, 834.302, 839.301, or 839.302, Government Code, that is
based on a death that occurred before September 1, 2019; and
(3) to an annuity payment that becomes payable on or
after the effective date of this Act.
(b) On the effective date of this Act, the Employees
Retirement System of Texas shall recompute each annuity being paid
an annuitant under Section 834.102, 834.103, 834.203, 834.301,
834.302, 839.102, 839.103, 839.203, 839.301, or 839.302,
Government Code, using the salary prescribed under Section
659.012(b)(2) that was in effect on September 1, 2019, for the judge
of a court of the same classification as the court on which the
former member on whose service the annuity is based last served
before the member retired or died, as applicable. This section
applies only to an annuity payment that becomes payable on or after
the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2023.