1 | 1 | | 89R16031 RDR-F |
---|
2 | 2 | | By: Hayes H.B. No. 5171 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | |
---|
6 | 6 | | |
---|
7 | 7 | | A BILL TO BE ENTITLED |
---|
8 | 8 | | AN ACT |
---|
9 | 9 | | relating to providing a one-time supplemental payment and an annual |
---|
10 | 10 | | cost-of-living adjustment applicable to certain benefits paid by |
---|
11 | 11 | | the Judicial Retirement System of Texas Plan One and Judicial |
---|
12 | 12 | | Retirement System of Texas Plan Two. |
---|
13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
14 | 14 | | SECTION 1. Chapter 834, Government Code, is amended by |
---|
15 | 15 | | adding Subchapter E to read as follows: |
---|
16 | 16 | | SUBCHAPTER E. INCREASES IN BENEFITS |
---|
17 | 17 | | Sec. 834.401. ANNUAL COST-OF-LIVING ADJUSTMENT. (a) The |
---|
18 | 18 | | amount of a service retirement, disability retirement, or death |
---|
19 | 19 | | benefit paid under this chapter to an annuitant based on service |
---|
20 | 20 | | credited in the retirement system is increased to include a three |
---|
21 | 21 | | percent annual cost-of-living adjustment in accordance with this |
---|
22 | 22 | | section. |
---|
23 | 23 | | (b) On September 1 of each year beginning September 2026, |
---|
24 | 24 | | the board of trustees shall recompute the amount of a benefit paid |
---|
25 | 25 | | monthly under this chapter by applying the three percent adjustment |
---|
26 | 26 | | to the monthly amount otherwise required to be paid as determined in |
---|
27 | 27 | | accordance with this chapter. |
---|
28 | 28 | | SECTION 2. Subchapter E, Chapter 839, Government Code, is |
---|
29 | 29 | | amended by adding Section 839.402 to read as follows: |
---|
30 | 30 | | Sec. 839.402. ANNUAL COST-OF-LIVING ADJUSTMENT. (a) The |
---|
31 | 31 | | amount of a service retirement, disability retirement, or death |
---|
32 | 32 | | benefit paid under this chapter to an annuitant based on service |
---|
33 | 33 | | credited in the retirement system is increased to include a three |
---|
34 | 34 | | percent annual cost-of-living adjustment in accordance with this |
---|
35 | 35 | | section. |
---|
36 | 36 | | (b) On September 1 of each year beginning September 2026, |
---|
37 | 37 | | the board of trustees shall recompute the amount of a benefit paid |
---|
38 | 38 | | monthly under this chapter by applying the three percent adjustment |
---|
39 | 39 | | to the monthly amount otherwise required to be paid as determined in |
---|
40 | 40 | | accordance with this chapter. |
---|
41 | 41 | | SECTION 3. (a) The Employees Retirement System of Texas |
---|
42 | 42 | | shall make a one-time supplemental payment of a service retirement, |
---|
43 | 43 | | disability retirement, or death benefit to each annuitant of the |
---|
44 | 44 | | Judicial Retirement System of Texas Plan One and the Judicial |
---|
45 | 45 | | Retirement System of Texas Plan Two as provided by this section. |
---|
46 | 46 | | (b) The supplemental payment is payable in September 2025 |
---|
47 | 47 | | and, to the extent practicable, on a date or dates that coincide |
---|
48 | 48 | | with the regular annuity payment payable to each eligible |
---|
49 | 49 | | annuitant. |
---|
50 | 50 | | (c) The amount of the supplemental payment is equal to the |
---|
51 | 51 | | gross amount of the regular annuity payment to which the eligible |
---|
52 | 52 | | annuitant is otherwise entitled for the month of August 2025. |
---|
53 | 53 | | (d) The Employees Retirement System of Texas shall make |
---|
54 | 54 | | applicable tax withholding and other legally required deductions |
---|
55 | 55 | | before disbursing the supplemental payment. A supplemental payment |
---|
56 | 56 | | under this section is in addition to the regular monthly annuity |
---|
57 | 57 | | payment to which the eligible annuitant is otherwise entitled. |
---|
58 | 58 | | (e) To be eligible for the supplemental payment, a person |
---|
59 | 59 | | must be, for the month of August 2025, an annuitant eligible to |
---|
60 | 60 | | receive based on service credited in the Judicial Retirement System |
---|
61 | 61 | | of Texas Plan One or the Judicial Retirement System of Texas Plan |
---|
62 | 62 | | Two, any of the following benefits under Chapter 834 or 839, |
---|
63 | 63 | | Government Code: |
---|
64 | 64 | | (1) a standard retirement annuity payment; |
---|
65 | 65 | | (2) an optional service retirement annuity payment as |
---|
66 | 66 | | either a retiree or beneficiary; |
---|
67 | 67 | | (3) a disability retirement annuity payment; or |
---|
68 | 68 | | (4) a death benefit annuity payment. |
---|
69 | 69 | | (f) The supplemental payment is in addition to the |
---|
70 | 70 | | guaranteed number of payments under Section 814.108, Government |
---|
71 | 71 | | Code, and may not be counted as one of the guaranteed monthly |
---|
72 | 72 | | payments. |
---|
73 | 73 | | (g) Except as provided by this section, the board of |
---|
74 | 74 | | trustees of the Employees Retirement System of Texas shall |
---|
75 | 75 | | determine the eligibility for and the amount and timing of a |
---|
76 | 76 | | supplemental payment and the manner in which the payment is made. |
---|
77 | 77 | | SECTION 4. The Employees Retirement System of Texas is |
---|
78 | 78 | | required to make a cost-of-living adjustment under Section 834.401 |
---|
79 | 79 | | or 839.402, Government Code, as added by this Act, or a one-time |
---|
80 | 80 | | supplemental payment of benefits under Section 3 of this Act only if |
---|
81 | 81 | | the board of trustees of the Employees Retirement System of Texas |
---|
82 | 82 | | finds that the legislature appropriated money to the Judicial |
---|
83 | 83 | | Retirement System of Texas Plan One and the Judicial Retirement |
---|
84 | 84 | | System of Texas Plan Two in an amount sufficient to provide the |
---|
85 | 85 | | adjustment or payment without increasing the unfunded actuarial |
---|
86 | 86 | | liabilities of the retirement system. The amount appropriated by |
---|
87 | 87 | | the legislature to provide the adjustment or payment must be in |
---|
88 | 88 | | addition to any amounts the state is required to contribute to the |
---|
89 | 89 | | retirement system under Subchapter B, Chapter 835, or Subchapter B, |
---|
90 | 90 | | Chapter 840, Government Code. If the board of trustees of the |
---|
91 | 91 | | Employees Retirement System of Texas finds that the legislature did |
---|
92 | 92 | | not appropriate money in an amount sufficient to provide the |
---|
93 | 93 | | cost-of-living adjustment or one-time supplemental payment without |
---|
94 | 94 | | increasing the unfunded actuarial liabilities of the retirement |
---|
95 | 95 | | system, the retirement system may not make the adjustment or |
---|
96 | 96 | | payment. |
---|
97 | 97 | | SECTION 5. This Act takes effect September 1, 2025. |
---|