88R19303 KFF-F
 
  By: Longoria, Lambert H.B. No. 4540
 
  Substitute the following for H.B. No. 4540:
 
  By:  Capriglione C.S.H.B. No. 4540
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain benefits payable by the Judicial Retirement
  System of Texas Plan One and the Judicial Retirement System of Texas
  Plan Two.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  If the 88th Legislature, Regular Session, 2023,
  enacts legislation that becomes law that increases the state salary
  used to compute the service retirement annuity of a judge under
  Section 834.102(a) or (c) or Section 839.102(a) or (c), Government
  Code, notwithstanding that legislation or any other law, including
  Section 311.025, Government Code, on the effective date of the
  salary increase, the Employees Retirement System of Texas shall
  recompute each annuity being paid under Section 834.102, 834.103,
  834.203, 834.301, 834.302, 839.102, 839.103, 839.203, 839.301, or
  839.302, Government Code, using the salary prescribed under Section
  659.012(b)(2) that is in effect on the effective date of the salary
  increase for the judge of a court of the same classification as the
  court on which the former member on whose service the annuity is
  based last served before the member retired or died, as applicable.  
  This section applies only to an annuity payment that becomes
  payable on or after the effective date of this Act.
         SECTION 2.  (a) This section applies only:
               (1)  if the 88th Legislature, Regular Session, 2023,
  does not enact legislation that becomes law that increases the
  state salary used to compute the service retirement annuity of a
  judge under Section 834.102(a) or (c) or Section 839.102(a) or (c),
  Government Code;
               (2)  to an annuitant under the Judicial Retirement
  System of Texas Plan One or the Judicial Retirement System of Texas
  Plan Two who is eligible to receive:
                     (A)  a service or disability retirement annuity
  under Section 834.102, 834.103, 834.203, 839.102, 839.103, or
  839.203, Government Code, that is based on an effective date of
  retirement that occurred before September 1, 2019; or
                     (B)  a death benefit annuity under Section
  834.301, 834.302, 839.301, or 839.302, Government Code, that is
  based on a death that occurred before September 1, 2019; and
               (3)  to an annuity payment that becomes payable on or
  after the effective date of this Act.
         (b)  On the effective date of this Act, the Employees
  Retirement System of Texas shall recompute each annuity being paid
  an annuitant under Section 834.102, 834.103, 834.203, 834.301,
  834.302, 839.102, 839.103, 839.203, 839.301, or 839.302,
  Government Code, using the salary prescribed under Section
  659.012(b)(2) that was in effect on September 1, 2019, for the judge
  of a court of the same classification as the court on which the
  former member on whose service the annuity is based last served
  before the member retired or died, as applicable.  This section
  applies only to an annuity payment that becomes payable on or after
  the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2023.