H.B. No. 1198
1-1 AN ACT
1-2 relating to eligibility for retirement under the Texas County and
1-3 District Retirement System.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 844.003(b), Government Code, is amended
1-6 to read as follows:
1-7 (b) If a member who is eligible under Section 844.105,
1-8 844.106, 844.203, 844.204, <or> 844.207(e), or 844.210(e) to select
1-9 an optional retirement annuity dies before retirement, the member
1-10 is considered to have retired on the last day of the month before
1-11 the month in which death occurred or on the day before the first
1-12 anniversary of the effective date of the person's membership,
1-13 whichever is later.
1-14 SECTION 2. Section 844.107, Government Code, is amended to
1-15 read as follows:
1-16 Sec. 844.107. Additional Deferred Retirement Benefit
1-17 Selection. (a) A member who is entitled under Section 844.105,
1-18 844.106, 844.203, 844.204, <or> 844.207(e), or 844.210(e) to select
1-19 one of the optional service retirement annuities authorized by
1-20 Section 844.104 may elect instead to name a beneficiary who, in
1-21 event of the death of the member before retirement, will be allowed
1-22 to choose any benefit that the member could have chosen to be paid
1-23 to the beneficiary, with like effect as if the selection had been
1-24 made by the member.
2-1 (b) Except as provided in Section 844.105(c)(2), any annuity
2-2 payable under the provisions of Section 844.105, 844.106, 844.203,
2-3 844.204, <or> 844.207(e), or 844.210(e) shall be calculated on the
2-4 assumption that the member had actually retired under the annuity
2-5 selected and with the same beneficiary, effective on the last day
2-6 of the calendar month before the month in which death of the member
2-7 occurred.
2-8 SECTION 3. Section 844.207, Government Code, is amended by
2-9 redesignating Subsection (g) as Subsection (h) and adding a new
2-10 Subsection (g) to read as follows:
2-11 (g) For the purposes of Subsections (c), (d), (e), and (f),
2-12 each month of credited service under Section 844.210 is considered
2-13 a month of Section 844.207 credited service.
2-14 (h) After 1991, the governing body of a subdivision may not
2-15 adopt the plan provisions of this section except on the terms
2-16 provided by Subchapter H of this chapter.
2-17 SECTION 4. Subchapter C, Chapter 844, Government Code, is
2-18 amended by adding Section 844.210 to read as follows:
2-19 Sec. 844.210. OPTIONAL BENEFIT ELIGIBILITY PLAN TWO. (a)
2-20 Subject to Subsection (h), the governing body of a participating
2-21 subdivision may adopt the plan provisions of this section.
2-22 (b) In this section "Section 844.210 credited service" means
2-23 credited service performed for one or more participating
2-24 subdivisions that have adopted the plan provisions of this section.
2-25 (c) A member is eligible, beginning on the first anniversary
2-26 of the person's membership, to retire and receive a service
2-27 retirement annuity if the member:
3-1 (1) is at least 60 years old and has at least eight
3-2 years of Section 844.210 credited service in the retirement system;
3-3 (2) has sufficient years of Section 844.210 credited
3-4 service in the retirement system that, when added to the years of
3-5 the member's attained age, produces a sum equal to or in excess of
3-6 the number 80; or
3-7 (3) is eligible for service retirement under any other
3-8 provision of this subtitle.
3-9 (d) If a member has eight years or more of Section 844.210
3-10 credited service in the retirement system, subsequent absence from
3-11 service does not terminate membership, and unless membership is
3-12 otherwise terminated, the member is eligible to retire and receive
3-13 a service retirement annuity at any time after the member attains
3-14 the age of 60 years.
3-15 (e) An employee of a participating subdivision that has
3-16 adopted the plan provisions of this section may select an optional
3-17 service retirement annuity in the manner and under the conditions
3-18 provided by Section 844.105 if the member:
3-19 (1) has at least eight years of Section 844.210
3-20 credited service in the retirement system and has attained the age
3-21 of 60 years; or
3-22 (2) has at least 20 years of Section 844.210 credited
3-23 service or is otherwise eligible to make a selection of an optional
3-24 service retirement annuity under Section 844.105, 844.106, 844.203,
3-25 844.204, or 844.207.
3-26 (f) If a member who is authorized under Subsection (e) to
3-27 select an optional service retirement annuity dies before
4-1 retirement without having made a selection, the member's surviving
4-2 spouse or the executor or administrator of the member's estate may
4-3 make the selection provided by Section 844.105 under the terms of
4-4 that section.
4-5 (g) A member who has at least eight years of Section 844.210
4-6 credited service in the retirement system is eligible to retire and
4-7 receive a disability retirement annuity if the member is the
4-8 subject of a certification issued as provided by Section
4-9 844.303(b)(2), except that a member is not eligible to retire for
4-10 disability before the first anniversary of the effective date of
4-11 the person's membership. A member eligible to receive a disability
4-12 retirement annuity under this subsection may, if the member is
4-13 eligible for service retirement, elect to receive a service
4-14 retirement annuity but may not receive both annuities.
4-15 (h) The governing body of a subdivision may not adopt the
4-16 plan provisions of this section except on the terms provided by
4-17 Subchapter H of this chapter.
4-18 SECTION 5. Subchapter C, Chapter 844, Government Code, is
4-19 amended by adding Section 844.211 to read as follows:
4-20 Sec. 844.211. OPTIONAL BENEFIT ELIGIBILITY PLAN THREE. (a)
4-21 Subject to Subsection (d), the governing body of a participating
4-22 subdivision may adopt the plan provisions of this section.
4-23 (b) In this section "Section 844.211 credited service" means
4-24 credited service performed for one or more participating
4-25 subdivisions that have adopted the plan provisions of this section.
4-26 (c) A member is eligible, beginning on the first anniversary
4-27 of the person's membership, to retire and receive a service
5-1 retirement annuity if the member:
5-2 (1) has sufficient years of Section 844.211 credited
5-3 service in the retirement system that, when added to the years of
5-4 the member's attained age, produces a sum equal to or in excess of
5-5 the number 75; or
5-6 (2) is eligible for service retirement under any other
5-7 provision of this subtitle.
5-8 (d) The governing body of a subdivision may not adopt the
5-9 plan provisions of this section except on the terms provided by
5-10 Subchapter H of this chapter.
5-11 SECTION 6. Sections 844.704(c) and (d), Government Code, are
5-12 amended to read as follows:
5-13 (c) By adopting the plan provisions of this subchapter, the
5-14 governing body also adopts the optional benefit eligibility plan
5-15 described by Section 844.207 unless by its order it adopts the
5-16 optional benefit eligibility plan described by Section 844.210<, if
5-17 it has not already done so>.
5-18 (d) The governing body of a subdivision that has adopted or
5-19 is adopting the plan provisions of this subchapter may adopt:
5-20 (1) the optional benefit for a surviving beneficiary
5-21 of a vested member under Section 844.209;
5-22 (2) the optional increase in retirement annuities
5-23 under Section 844.208;
5-24 (3) the optional authorization of the reestablishment
5-25 of credited service previously forfeited under Section 843.003;
5-26 (4) the optional authorization of the establishment of
5-27 credited service for military service under Section 843.202 or
6-1 843.601, notwithstanding the limitation related to Section 844.201
6-2 in Section 843.202(d) and 843.601(a); <or>
6-3 (5) the optional election to have credits recomputed
6-4 on the basis of total compensation under Section 843.702;
6-5 (6) the optional benefit eligibility plan described by
6-6 Section 844.210; or
6-7 (7) the optional benefit eligibility plan described by
6-8 Section 844.211.
6-9 SECTION 7. This Act takes effect January 1, 1994.
6-10 SECTION 8. The importance of this legislation and the
6-11 crowded condition of the calendars in both houses create an
6-12 emergency and an imperative public necessity that the
6-13 constitutional rule requiring bills to be read on three several
6-14 days in each house be suspended, and this rule is hereby suspended.