| 1 | 1 | | 88R19303 KFF-F |
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| 2 | 2 | | By: Longoria, Rose, Lambert, Rogers, Cook H.B. No. 4540 |
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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 certain benefits payable by the Judicial Retirement |
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| 8 | 8 | | System of Texas Plan One and the Judicial Retirement System of Texas |
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| 9 | 9 | | Plan Two. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. If the 88th Legislature, Regular Session, 2023, |
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| 12 | 12 | | enacts legislation that becomes law that increases the state salary |
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| 13 | 13 | | used to compute the service retirement annuity of a judge under |
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| 14 | 14 | | Section 834.102(a) or (c) or Section 839.102(a) or (c), Government |
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| 15 | 15 | | Code, notwithstanding that legislation or any other law, including |
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| 16 | 16 | | Section 311.025, Government Code, on the effective date of the |
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| 17 | 17 | | salary increase, the Employees Retirement System of Texas shall |
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| 18 | 18 | | recompute each annuity being paid under Section 834.102, 834.103, |
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| 19 | 19 | | 834.203, 834.301, 834.302, 839.102, 839.103, 839.203, 839.301, or |
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| 20 | 20 | | 839.302, Government Code, using the salary prescribed under Section |
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| 21 | 21 | | 659.012(b)(2) that is in effect on the effective date of the salary |
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| 22 | 22 | | increase for the judge of a court of the same classification as the |
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| 23 | 23 | | court on which the former member on whose service the annuity is |
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| 24 | 24 | | based last served before the member retired or died, as applicable. |
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| 25 | 25 | | This section applies only to an annuity payment that becomes |
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| 26 | 26 | | payable on or after the effective date of this Act. |
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| 27 | 27 | | SECTION 2. (a) This section applies only: |
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| 28 | 28 | | (1) if the 88th Legislature, Regular Session, 2023, |
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| 29 | 29 | | does not enact legislation that becomes law that increases the |
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| 30 | 30 | | state salary used to compute the service retirement annuity of a |
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| 31 | 31 | | judge under Section 834.102(a) or (c) or Section 839.102(a) or (c), |
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| 32 | 32 | | Government Code; |
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| 33 | 33 | | (2) to an annuitant under the Judicial Retirement |
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| 34 | 34 | | System of Texas Plan One or the Judicial Retirement System of Texas |
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| 35 | 35 | | Plan Two who is eligible to receive: |
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| 36 | 36 | | (A) a service or disability retirement annuity |
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| 37 | 37 | | under Section 834.102, 834.103, 834.203, 839.102, 839.103, or |
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| 38 | 38 | | 839.203, Government Code, that is based on an effective date of |
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| 39 | 39 | | retirement that occurred before September 1, 2019; or |
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| 40 | 40 | | (B) a death benefit annuity under Section |
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| 41 | 41 | | 834.301, 834.302, 839.301, or 839.302, Government Code, that is |
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| 42 | 42 | | based on a death that occurred before September 1, 2019; and |
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| 43 | 43 | | (3) to an annuity payment that becomes payable on or |
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| 44 | 44 | | after the effective date of this Act. |
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| 45 | 45 | | (b) On the effective date of this Act, the Employees |
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| 46 | 46 | | Retirement System of Texas shall recompute each annuity being paid |
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| 47 | 47 | | an annuitant under Section 834.102, 834.103, 834.203, 834.301, |
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| 48 | 48 | | 834.302, 839.102, 839.103, 839.203, 839.301, or 839.302, |
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| 49 | 49 | | Government Code, using the salary prescribed under Section |
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| 50 | 50 | | 659.012(b)(2) that was in effect on September 1, 2019, for the judge |
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| 51 | 51 | | of a court of the same classification as the court on which the |
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| 52 | 52 | | former member on whose service the annuity is based last served |
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| 53 | 53 | | before the member retired or died, as applicable. This section |
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| 54 | 54 | | applies only to an annuity payment that becomes payable on or after |
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| 55 | 55 | | the effective date of this Act. |
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| 56 | 56 | | SECTION 3. This Act takes effect September 1, 2023. |
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