Texas 2025 - 89th Regular

Texas House Bill HB5171 Compare Versions

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11 89R16031 RDR-F
22 By: Hayes H.B. No. 5171
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to providing a one-time supplemental payment and an annual
1010 cost-of-living adjustment applicable to certain benefits paid by
1111 the Judicial Retirement System of Texas Plan One and Judicial
1212 Retirement System of Texas Plan Two.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. Chapter 834, Government Code, is amended by
1515 adding Subchapter E to read as follows:
1616 SUBCHAPTER E. INCREASES IN BENEFITS
1717 Sec. 834.401. ANNUAL COST-OF-LIVING ADJUSTMENT. (a) The
1818 amount of a service retirement, disability retirement, or death
1919 benefit paid under this chapter to an annuitant based on service
2020 credited in the retirement system is increased to include a three
2121 percent annual cost-of-living adjustment in accordance with this
2222 section.
2323 (b) On September 1 of each year beginning September 2026,
2424 the board of trustees shall recompute the amount of a benefit paid
2525 monthly under this chapter by applying the three percent adjustment
2626 to the monthly amount otherwise required to be paid as determined in
2727 accordance with this chapter.
2828 SECTION 2. Subchapter E, Chapter 839, Government Code, is
2929 amended by adding Section 839.402 to read as follows:
3030 Sec. 839.402. ANNUAL COST-OF-LIVING ADJUSTMENT. (a) The
3131 amount of a service retirement, disability retirement, or death
3232 benefit paid under this chapter to an annuitant based on service
3333 credited in the retirement system is increased to include a three
3434 percent annual cost-of-living adjustment in accordance with this
3535 section.
3636 (b) On September 1 of each year beginning September 2026,
3737 the board of trustees shall recompute the amount of a benefit paid
3838 monthly under this chapter by applying the three percent adjustment
3939 to the monthly amount otherwise required to be paid as determined in
4040 accordance with this chapter.
4141 SECTION 3. (a) The Employees Retirement System of Texas
4242 shall make a one-time supplemental payment of a service retirement,
4343 disability retirement, or death benefit to each annuitant of the
4444 Judicial Retirement System of Texas Plan One and the Judicial
4545 Retirement System of Texas Plan Two as provided by this section.
4646 (b) The supplemental payment is payable in September 2025
4747 and, to the extent practicable, on a date or dates that coincide
4848 with the regular annuity payment payable to each eligible
4949 annuitant.
5050 (c) The amount of the supplemental payment is equal to the
5151 gross amount of the regular annuity payment to which the eligible
5252 annuitant is otherwise entitled for the month of August 2025.
5353 (d) The Employees Retirement System of Texas shall make
5454 applicable tax withholding and other legally required deductions
5555 before disbursing the supplemental payment. A supplemental payment
5656 under this section is in addition to the regular monthly annuity
5757 payment to which the eligible annuitant is otherwise entitled.
5858 (e) To be eligible for the supplemental payment, a person
5959 must be, for the month of August 2025, an annuitant eligible to
6060 receive based on service credited in the Judicial Retirement System
6161 of Texas Plan One or the Judicial Retirement System of Texas Plan
6262 Two, any of the following benefits under Chapter 834 or 839,
6363 Government Code:
6464 (1) a standard retirement annuity payment;
6565 (2) an optional service retirement annuity payment as
6666 either a retiree or beneficiary;
6767 (3) a disability retirement annuity payment; or
6868 (4) a death benefit annuity payment.
6969 (f) The supplemental payment is in addition to the
7070 guaranteed number of payments under Section 814.108, Government
7171 Code, and may not be counted as one of the guaranteed monthly
7272 payments.
7373 (g) Except as provided by this section, the board of
7474 trustees of the Employees Retirement System of Texas shall
7575 determine the eligibility for and the amount and timing of a
7676 supplemental payment and the manner in which the payment is made.
7777 SECTION 4. The Employees Retirement System of Texas is
7878 required to make a cost-of-living adjustment under Section 834.401
7979 or 839.402, Government Code, as added by this Act, or a one-time
8080 supplemental payment of benefits under Section 3 of this Act only if
8181 the board of trustees of the Employees Retirement System of Texas
8282 finds that the legislature appropriated money to the Judicial
8383 Retirement System of Texas Plan One and the Judicial Retirement
8484 System of Texas Plan Two in an amount sufficient to provide the
8585 adjustment or payment without increasing the unfunded actuarial
8686 liabilities of the retirement system. The amount appropriated by
8787 the legislature to provide the adjustment or payment must be in
8888 addition to any amounts the state is required to contribute to the
8989 retirement system under Subchapter B, Chapter 835, or Subchapter B,
9090 Chapter 840, Government Code. If the board of trustees of the
9191 Employees Retirement System of Texas finds that the legislature did
9292 not appropriate money in an amount sufficient to provide the
9393 cost-of-living adjustment or one-time supplemental payment without
9494 increasing the unfunded actuarial liabilities of the retirement
9595 system, the retirement system may not make the adjustment or
9696 payment.
9797 SECTION 5. This Act takes effect September 1, 2025.