Texas 2025 - 89th Regular

Texas House Bill HB5322 Compare Versions

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11 By: Barry H.B. No. 5322
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46 A BILL TO BE ENTITLED
57 AN ACT
68 relating to benefits paid by the Teacher Retirement System of
79 Texas.
810 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
911 SECTION 1. (a) Subject to Subsection (i) of this section
1012 and Section 821.006, Government Code, the Teacher Retirement System
1113 of Texas shall make a one-time supplemental payment of a retirement
1214 or death benefit, as provided by this section.
1315 (b) The supplemental payment is payable not later than
1416 January 2026 and, to the extent practicable, on a date or dates that
1517 coincide with the regular annuity payment payable to each eligible
1618 annuitant.
1719 (c) The amount of the supplemental payment is equal to the
1820 lessor of
1921 (1) the gross amount of the regular annuity payment to which
2022 the eligible annuitant is otherwise entitled for the calendar month
2123 immediately prior to the calendar month in which the Teacher
2224 Retirement System of Texas issues the one-time supplemental payment
2325 in accordance with Subsection (b) of this section;
2426 (2) Or $3,000.
2527 (d) The supplemental payment is payable without regard to
2628 any forfeiture of benefits under Section 824.601, Government Code.
2729 The Teacher Retirement System of Texas shall make applicable tax
2830 withholding and other legally required deductions before
2931 disbursing the supplemental payment. A supplemental payment under
3032 this section is in addition to and not in lieu of the regular
3133 monthly annuity payment to which the eligible annuitant is
3234 otherwise entitled.
3335 (e) Subject to Subsection (f) of this section, to be
3436 eligible for the supplemental payment, a person must be, for the
3537 calendar month immediately prior to the calendar month in which the
3638 Teacher Retirement System of Texas issues the one-time supplemental
3739 payment in accordance with Subsection (b) of this section, and
3840 disregarding any forfeiture of benefits under Section 824.601,
3941 Government Code, an annuitant eligible to receive:
4042 (1) a standard retirement annuity payment;
4143 (2) an optional retirement annuity payment as either a
4244 retiree or beneficiary;
4345 (3) a life annuity payment under Section
4446 824.402(a)(4), Government Code;
4547 (4) an annuity for a guaranteed period of 60 months
4648 under Section 824.402(a)(3), Government Code; or
4749 (5) an alternate payee annuity payment under Section
4850 804.005, Government Code.
4951 (f) If the annuitant is a retiree or a beneficiary under an
5052 optional retirement payment plan, to be eligible for the
5153 supplemental payment, the effective date of the retirement of the
5254 member of the Teacher Retirement System of Texas must have been on
5355 or before December 31, 2024. If the annuitant is a beneficiary
5456 under Section 824.402(a)(3) or (4), Government Code, to be eligible
5557 for the supplemental payment, the date of death of the member of the
5658 retirement system must have been on or before December 31, 2024.
5759 The supplemental payment shall be made to an alternate payee who is
5860 an annuitant under Section 804.005, Government Code, only if the
5961 annuity payment to the alternate payee commenced on or before
6062 December 31, 2024. The supplemental payment is in addition to the
6163 guaranteed number of payments under Section 824.204(c)(3) or (4),
6264 Section 824.308(c)(3) or (4), or Section 824.402(a)(3), Government
6365 Code, and may not be counted as one of the guaranteed monthly
6466 payments.
6567 (g) The supplemental payment does not apply to payments
6668 under:
6769 (1) Section 824.304(a), Government Code, relating to
6870 disability retirees with less than 10 years of service credit;
6971 (2) Section 824.804(b), Government Code, relating to
7072 participants in the deferred retirement option plan with regard to
7173 payments from their deferred retirement option plan accounts;
7274 (3) Section 824.501(a), Government Code, relating to
7375 retiree survivor beneficiaries who receive a survivor annuity in an
7476 amount fixed by statute; or
7577 (4) Section 824.404(a), Government Code, relating to
7678 active member survivor beneficiaries who receive a survivor annuity
7779 in an amount fixed by statute.
7880 (h) The board of trustees of the Teacher Retirement System
7981 of Texas shall determine the eligibility for and the amount and
8082 timing of a supplemental payment and the manner in which the payment
8183 is made.
8284 (i) The Teacher Retirement System of Texas is required to
8385 make a one-time supplemental payment of benefits under this section
8486 only if the board of trustees of the Teacher Retirement System of
8587 Texas finds that the legislature appropriated money to the
8688 retirement system in an amount sufficient to provide the payment.
8789 The amount appropriated by the legislature to provide the payment
8890 must be in addition to the amount the state is required to
8991 contribute to the retirement system under Section 825.404,
9092 Government Code. If the board of trustees of the Teacher Retirement
9193 System of Texas finds that the legislature did not appropriate
9294 money in an amount sufficient to provide a one-time supplemental
9395 payment of benefits under this section, the retirement system may
9496 not make the payment.
9597 SECTION 2. This Act takes effect immediately if it receives
9698 a vote of two-thirds of all the members elected to each house, as
9799 provided by Section 39, Article III, Texas Constitution. If this
98100 Act does not receive the vote necessary for immediate effect, this
99101 Act.