By:  Martin                                            H.B. No. 660
       73R570 GCH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the effect of certain types of divorce decrees on
    1-3  retirement benefits payable by the Teacher Retirement System of
    1-4  Texas.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 824.101(c), Government Code, is amended
    1-7  to read as follows:
    1-8        (c)  Only one person may be designated as beneficiary of an
    1-9  optional retirement annuity under Section 824.204(c)(1) or (c)(2),
   1-10  and a designation of beneficiary under either of those options may
   1-11  not be made, changed, or revoked after the date of the member's
   1-12  retirement, except as provided by Section 824.107.
   1-13        SECTION 2.  Subchapter B, Chapter 824, Government Code, is
   1-14  amended by adding Section 824.107 to read as follows:
   1-15        Sec. 824.107.  REVOCATION OF BENEFICIARY BY DIVORCE DECREE.
   1-16  (a)  In this section, "divorce decree" means a judgment, decree, or
   1-17  order, including a document approving a property settlement
   1-18  agreement, that is issued by a court under a domestic relations law
   1-19  of this or another state in conjunction with the dissolution of a
   1-20  marriage and that relates to the marital property rights of a
   1-21  member or retiree and that person's former spouse.
   1-22        (b)  If the retirement system receives a certified copy of a
   1-23  divorce decree that purports to revoke or order the revocation of a
   1-24  designation by a member or retiree of a beneficiary under this
    2-1  subchapter, the retirement system shall change its records in
    2-2  accordance with the decree.
    2-3        (c)  If a divorce decree revokes or orders the revocation of
    2-4  a designation of a beneficiary made by a member, or by a retiree
    2-5  who selected an optional retirement annuity other than an annuity
    2-6  described by Section 824.204(c)(1) or (c)(2), the member or retiree
    2-7  may select another beneficiary in the manner provided by this
    2-8  subchapter.
    2-9        (d)  If a divorce decree revokes or orders the revocation of
   2-10  a designation of a beneficiary made by a retiree who selected an
   2-11  optional retirement annuity under Section 824.204(c)(1) or (c)(2),
   2-12  the retiree may not select another beneficiary, but the retirement
   2-13  system shall increase the retiree's reduced annuity to the standard
   2-14  service retirement annuity that the retiree would otherwise be
   2-15  entitled to receive if the retiree had not selected an optional
   2-16  annuity.  The retirement system shall adjust the standard annuity
   2-17  as appropriate for early retirement as permitted by law and
   2-18  postretirement benefit increases provided after the date of the
   2-19  retiree's retirement.
   2-20        (e)  Payment of an annuity increased under Subsection (d)
   2-21  begins with the payment for the month after the month in which the
   2-22  retirement system receives a copy of the retiree's divorce decree
   2-23  and is payable to the retiree for the remainder of the retiree's
   2-24  life.
   2-25        SECTION 3.  If the Teacher Retirement System of Texas
   2-26  received before the effective date of this Act a certified copy of
   2-27  a divorce decree that purports to revoke or order the revocation of
    3-1  a designation of a beneficiary by a member or retiree of the
    3-2  retirement system, the retirement system shall change its records
    3-3  and, as appropriate, begin payment of any increased annuity with
    3-4  the payment for the month after the month in which this Act takes
    3-5  effect.
    3-6        SECTION 4.  The importance of this legislation and the
    3-7  crowded condition of the calendars in both houses create an
    3-8  emergency and an imperative public necessity that the
    3-9  constitutional rule requiring bills to be read on three several
   3-10  days in each house be suspended, and this rule is hereby suspended,
   3-11  and that this Act take effect and be in force from and after its
   3-12  passage, and it is so enacted.