1-1  By:  Linebarger (Senate Sponsor - Turner)              H.B. No. 391
    1-2        (In the Senate - Received from the House April 21, 1993;
    1-3  April 21, 1993, read first time and referred to Committee on State
    1-4  Affairs; May 22, 1993, reported favorably, as amended, by the
    1-5  following vote:  Yeas 9, Nays 0; May 22, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Harris of Dallas   x                               
    1-9        Rosson             x                               
   1-10        Carriker                                       x   
   1-11        Henderson                                      x   
   1-12        Leedom             x                               
   1-13        Lucio              x                               
   1-14        Luna               x                               
   1-15        Nelson             x                               
   1-16        Patterson          x                               
   1-17        Shelley                                        x   
   1-18        Sibley             x                               
   1-19        West                                           x   
   1-20        Whitmire           x                               
   1-21  COMMITTEE AMENDMENT NO. 1                               By:  Rosson
   1-22  Amend H.B. No. 391 as follows:
   1-23        (1)  In Section 1, p. 2, line 14, insert the phrase "greater
   1-24  of the" between the words "the" and "age".
   1-25        (2)  In Section 1, p. 2, line 15, strike the phrase "at full
   1-26  or actuarially reduced benefits".
   1-27        (3)  In Section 1, p. 2, line 14, insert the phrase "or
   1-28  normal retirement age" between the words "62" and "and".
   1-29  COMMITTEE AMENDMENT NO. 2                               By:  Rosson
   1-30  Amend H.B. No. 391 as follows:
   1-31        (1)  In Section 1, p. 2, line 6, strike the words "present"
   1-32  and "value" and replace "value" with "equivalent".
   1-33        (2)  In Section 1, p. 2, line 9, strike the word "value" and
   1-34  replace it with "equivalent".
   1-35        (3)  In Section 1, p. 2, line 21, strike the words "present"
   1-36  and "value" and replace "value" with "equivalent".
   1-37        (4)  In Section 1, p. 2, line 23, strike the word "present".
   1-38        (5)  In Section 1, p. 2, line 24, strike the word "value" and
   1-39  replace it with "equivalent".
   1-40        (6)  In Section 1, p. 2, line 25, insert the words "normal
   1-41  age" between the words "a" and "standard".
   1-42        (7)  In Section 1, p. 2, line 26, strike the phrase "reduced
   1-43  as appropriate for early retirement,".
   1-44  COMMITTEE AMENDMENT NO. 3                               By:  Rosson
   1-45  Amend H.B. No. 391 as follows:
   1-46        (1)  In SECTION 1, p. 2, line 3, insert the word "alternate"
   1-47  between the words "the" and "payee".
   1-48  COMMITTEE AMENDMENT NO. 4                               By:  Rosson
   1-49  Amend H.B. No. 391 as follows:
   1-50  In Section 1, p. 2, line 5, insert the phrase "on or after
   1-51  January 1, 1985" after the word "order" and before the comma.
   1-52                         A BILL TO BE ENTITLED
   1-53                                AN ACT
   1-54  relating to public retirement benefits payable to certain persons
   1-55  who have obtained qualified domestic relations orders.
   1-56        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-57        SECTION 1.  Subchapter A, Chapter 804, Government Code, is
   1-58  amended by adding Section 804.005 to read as follows:
   1-59        Sec. 804.005.  PAYMENT IN CERTAIN CIRCUMSTANCES IN LIEU OF
   1-60  BENEFITS AWARDED BY QUALIFIED DOMESTIC RELATIONS ORDER.  (a)  This
   1-61  section applies only to the Employees Retirement System of Texas
   1-62  and the Teacher Retirement System of Texas.
   1-63        (b)  A public retirement system to which this section applies
   1-64  shall pay an alternate payee of a member of the retirement system
   1-65  who is described by Subsection (c), if the payee so elects and in
   1-66  lieu of the interest awarded by a qualified domestic relations
   1-67  order, an amount that is the alternate payee's portion of the
   1-68  present actuarial value of the accrued retirement benefit of the
    2-1  member of the retirement system, determined as if the member
    2-2  retired on the date of the alternate payee's election.  The amount
    2-3  becomes payable at the time the actuarial value is determined, and
    2-4  the amount is payable in the form of an annuity payable in equal
    2-5  monthly installments for the life of the alternate payee.
    2-6        (c)  A member whose benefits are subject to partial payment
    2-7  under this section is one who has not retired from the retirement
    2-8  system, has attained the age of 62 and the service requirements for
    2-9  service retirement at full or actuarially reduced benefits, and
   2-10  retains credit and contributions in the retirement system
   2-11  attributable to that service.
   2-12        (d)  If an alternate payee elects to be paid under this
   2-13  section, the retirement system shall reduce the benefit payable by
   2-14  the system to the member or the member's beneficiary by the
   2-15  alternate payee's portion of the present actuarial value determined
   2-16  under Subsection (b).
   2-17        (e)  In determining under Subsection (b) the present
   2-18  actuarial value of an accrued retirement benefit, the system shall
   2-19  consider the member's benefit as a standard service retirement
   2-20  annuity, reduced as appropriate for early retirement, without
   2-21  regard to any optional annuity chosen or beneficiary designated by
   2-22  the member.
   2-23        (f)  The beginning of monthly payments under this section
   2-24  terminates any interest that the alternate payee who receives the
   2-25  payment might otherwise have in benefits that accrue to the account
   2-26  of the member after the date the initial payment to the alternate
   2-27  payee is made.
   2-28        (g)  A public retirement system may adopt rules for
   2-29  administration of this section.
   2-30        SECTION 2.  This Act takes effect September 1, 1993.
   2-31        SECTION 3.  The importance of this legislation and the
   2-32  crowded condition of the calendars in both houses create an
   2-33  emergency   and   an   imperative   public   necessity   that   the
   2-34  constitutional rule requiring bills to be read on three several
   2-35  days in each house be suspended, and this rule is hereby suspended.
   2-36                               * * * * *
   2-37                                                         Austin,
   2-38  Texas
   2-39                                                         May 22, 1993
   2-40  Hon. Bob Bullock
   2-41  President of the Senate
   2-42  Sir:
   2-43  We, your Committee on State Affairs to which was referred H.B. No.
   2-44  391, have had the same under consideration, and I am instructed to
   2-45  report it back to the Senate with the recommendation that it do
   2-46  pass, as amended, and be printed.
   2-47                                                         Rosson,
   2-48  Vice-Chairman
   2-49                               * * * * *
   2-50                               WITNESSES
   2-51                                                  FOR   AGAINST  ON
   2-52  ___________________________________________________________________
   2-53  Name:  Charmaine J. Rhodes                                     x
   2-54  Representing:  Teacher Retirement System
   2-55  City:  Austin
   2-56  -------------------------------------------------------------------
   2-57  Name:  Mary Thigpen                              x
   2-58  Representing:  Self
   2-59  City:  Wimberley
   2-60  -------------------------------------------------------------------