1 | 1 | | 89R1551 RDR-D |
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2 | 2 | | By: Eckhardt, Zaffirini S.B. No. 573 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to providing a cost-of-living adjustment applicable to |
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10 | 10 | | certain benefits paid by the Employees Retirement System of Texas. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Subchapter G, Chapter 814, Government Code, is |
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13 | 13 | | amended by adding Section 814.605 to read as follows: |
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14 | 14 | | Sec. 814.605. COST-OF-LIVING ADJUSTMENT: JANUARY 2026. (a) |
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15 | 15 | | The amount of a service retirement, disability retirement, death, |
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16 | 16 | | or other monthly benefit paid under this chapter, Chapter 820, or |
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17 | 17 | | Chapter 804 to an annuitant based on service credited in the |
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18 | 18 | | employee class is increased to include a cost-of-living adjustment |
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19 | 19 | | in accordance with this section. |
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20 | 20 | | (b) Subject to Subsections (c) and (d), to be eligible for |
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21 | 21 | | the adjustment, a person must be, for the month of December 2025, an |
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22 | 22 | | annuitant eligible to receive: |
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23 | 23 | | (1) a standard retirement annuity payment; |
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24 | 24 | | (2) an optional service retirement annuity payment as |
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25 | 25 | | either a retiree or beneficiary under Section 814.108 or 820.0535; |
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26 | 26 | | (3) a standard or occupational disability retirement |
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27 | 27 | | annuity payment; |
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28 | 28 | | (4) a death benefit annuity payment under Section |
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29 | 29 | | 814.301, 814.302, 814.305, or 820.054; or |
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30 | 30 | | (5) an alternate payee annuity payment under Section |
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31 | 31 | | 804.005. |
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32 | 32 | | (c) The adjustment does not apply to benefit payments under: |
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33 | 33 | | (1) Section 814.103, 814.205, 820.053(a)(3), or |
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34 | 34 | | 820.054 relating to retirees or disability retirees from the |
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35 | 35 | | elected class of membership; |
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36 | 36 | | (2) a subtitle other than Subtitle B, Title 8, except |
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37 | 37 | | as provided by Subsection (b)(5); or |
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38 | 38 | | (3) Section 814.304 or 820.054 relating to retiree |
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39 | 39 | | survivor beneficiaries who receive a survivor annuity as the |
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40 | 40 | | surviving spouse of a member of the elected class. |
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41 | 41 | | (d) If the annuitant: |
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42 | 42 | | (1) is a retiree or beneficiary under an optional |
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43 | 43 | | service or disability retirement payment plan, to be eligible for |
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44 | 44 | | the adjustment under this section: |
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45 | 45 | | (A) the annuitant must be living on the effective |
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46 | 46 | | date of the adjustment; and |
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47 | 47 | | (B) the effective date of the retirement of the |
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48 | 48 | | member of the retirement system on whose service the annuity is |
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49 | 49 | | based must have been before September 1, 2024; |
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50 | 50 | | (2) is a person eligible to receive a death benefit |
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51 | 51 | | annuity described by Subsection (b)(4), to be eligible for the |
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52 | 52 | | adjustment: |
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53 | 53 | | (A) the annuitant must be living on the effective |
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54 | 54 | | date of the adjustment; and |
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55 | 55 | | (B) the date of death of the member of the |
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56 | 56 | | retirement system on whose service the annuity is based must have |
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57 | 57 | | been before September 1, 2025; or |
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58 | 58 | | (3) is an alternate payee under Section 804.005, to be |
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59 | 59 | | eligible for the adjustment: |
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60 | 60 | | (A) the annuitant must be living on the effective |
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61 | 61 | | date of the adjustment; and |
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62 | 62 | | (B) the effective date of the annuitant's |
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63 | 63 | | election to receive the annuity payment must have been before |
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64 | 64 | | September 1, 2025. |
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65 | 65 | | (e) An adjustment under this section must be made beginning |
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66 | 66 | | with an annuity payable for the month of January 2026. |
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67 | 67 | | (f) The amount of the adjustment provided under this section |
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68 | 68 | | is computed by multiplying the amount of the monthly benefit |
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69 | 69 | | subject to the adjustment by the following percentage rate, as |
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70 | 70 | | applicable: |
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71 | 71 | | (1) for annuitants described by Subsection (d)(1): |
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72 | 72 | | (A) if the effective date of retirement of the |
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73 | 73 | | member of the retirement system on whose service the annuity is |
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74 | 74 | | based was on or before August 31, 2014, seven percent; and |
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75 | 75 | | (B) if the effective date of retirement of the |
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76 | 76 | | member of the retirement system on whose service the annuity is |
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77 | 77 | | based was after August 31, 2014, four percent; |
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78 | 78 | | (2) for annuitants described by Subsection (d)(2): |
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79 | 79 | | (A) if the date of the death of the member of the |
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80 | 80 | | retirement system on whose service the annuity is based was on or |
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81 | 81 | | before August 31, 2014, seven percent; and |
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82 | 82 | | (B) if the date of the death of the member of the |
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83 | 83 | | retirement system on whose service the annuity is based was after |
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84 | 84 | | August 31, 2014, four percent; and |
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85 | 85 | | (3) for annuitants described by Subsection (d)(3): |
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86 | 86 | | (A) if the effective date of the annuitant's |
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87 | 87 | | election was on or before August 31, 2014, seven percent; and |
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88 | 88 | | (B) if the effective date of the annuitant's |
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89 | 89 | | election was after August 31, 2014, four percent. |
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90 | 90 | | (g) The board of trustees shall recompute the amount of an |
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91 | 91 | | annuity paid monthly under this chapter, Chapter 820, or Chapter |
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92 | 92 | | 804, as applicable, by applying the adjustment required under |
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93 | 93 | | Subsection (f) to the monthly amount otherwise required to be paid |
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94 | 94 | | under the applicable chapter. The adjustment under this section is |
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95 | 95 | | in addition to the adjustment, if any, granted under Section |
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96 | 96 | | 814.604 or any other law. |
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97 | 97 | | (h) The board of trustees shall determine the eligibility |
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98 | 98 | | for and the amount of any adjustment in monthly annuities in |
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99 | 99 | | accordance with this section. |
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100 | 100 | | SECTION 2. Section 814.605, Government Code, as added by |
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101 | 101 | | this Act, applies only to a monthly benefit payment made by the |
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102 | 102 | | Employees Retirement System of Texas on or after January 1, 2026. |
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103 | 103 | | SECTION 3. This Act takes effect immediately if it receives |
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104 | 104 | | a vote of two-thirds of all the members elected to each house, as |
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105 | 105 | | provided by Section 39, Article III, Texas Constitution. If this |
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106 | 106 | | Act does not receive the vote necessary for immediate effect, this |
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107 | 107 | | Act takes effect September 1, 2025. |
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