1-1 By: Thompson of Harris (Senate Sponsor - Whitmire) H.B. No. 1198
1-2 (In the Senate - Received from the House May 12, 1993;
1-3 May 13, 1993, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 20, 1993, reported favorably by
1-5 the following vote: Yeas 7, Nays 0; May 20, 1993, sent to
1-6 printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 A BILL TO BE ENTITLED
1-21 AN ACT
1-22 relating to eligibility for retirement under the Texas County and
1-23 District Retirement System.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Section 844.003(b), Government Code, is amended
1-26 to read as follows:
1-27 (b) If a member who is eligible under Section 844.105,
1-28 844.106, 844.203, 844.204, <or> 844.207(e), or 844.210(e) to select
1-29 an optional retirement annuity dies before retirement, the member
1-30 is considered to have retired on the last day of the month before
1-31 the month in which death occurred or on the day before the first
1-32 anniversary of the effective date of the person's membership,
1-33 whichever is later.
1-34 SECTION 2. Section 844.107, Government Code, is amended to
1-35 read as follows:
1-36 Sec. 844.107. Additional Deferred Retirement Benefit
1-37 Selection. (a) A member who is entitled under Section 844.105,
1-38 844.106, 844.203, 844.204, <or> 844.207(e), or 844.210(e) to select
1-39 one of the optional service retirement annuities authorized by
1-40 Section 844.104 may elect instead to name a beneficiary who, in
1-41 event of the death of the member before retirement, will be allowed
1-42 to choose any benefit that the member could have chosen to be paid
1-43 to the beneficiary, with like effect as if the selection had been
1-44 made by the member.
1-45 (b) Except as provided in Section 844.105(c)(2), any annuity
1-46 payable under the provisions of Section 844.105, 844.106, 844.203,
1-47 844.204, <or> 844.207(e), or 844.210(e) shall be calculated on the
1-48 assumption that the member had actually retired under the annuity
1-49 selected and with the same beneficiary, effective on the last day
1-50 of the calendar month before the month in which death of the member
1-51 occurred.
1-52 SECTION 3. Section 844.207, Government Code, is amended by
1-53 redesignating Subsection (g) as Subsection (h) and adding a new
1-54 Subsection (g) to read as follows:
1-55 (g) For the purposes of Subsections (c), (d), (e), and (f),
1-56 each month of credited service under Section 844.210 is considered
1-57 a month of Section 844.207 credited service.
1-58 (h) After 1991, the governing body of a subdivision may not
1-59 adopt the plan provisions of this section except on the terms
1-60 provided by Subchapter H of this chapter.
1-61 SECTION 4. Subchapter C, Chapter 844, Government Code, is
1-62 amended by adding Section 844.210 to read as follows:
1-63 Sec. 844.210. OPTIONAL BENEFIT ELIGIBILITY PLAN TWO.
1-64 (a) Subject to Subsection (h), the governing body of a
1-65 participating subdivision may adopt the plan provisions of this
1-66 section.
1-67 (b) In this section "Section 844.210 credited service" means
1-68 credited service performed for one or more participating
2-1 subdivisions that have adopted the plan provisions of this section.
2-2 (c) A member is eligible, beginning on the first anniversary
2-3 of the person's membership, to retire and receive a service
2-4 retirement annuity if the member:
2-5 (1) is at least 60 years old and has at least eight
2-6 years of Section 844.210 credited service in the retirement system;
2-7 (2) has sufficient years of Section 844.210 credited
2-8 service in the retirement system that, when added to the years of
2-9 the member's attained age, produces a sum equal to or in excess of
2-10 the number 80; or
2-11 (3) is eligible for service retirement under any other
2-12 provision of this subtitle.
2-13 (d) If a member has eight years or more of Section 844.210
2-14 credited service in the retirement system, subsequent absence from
2-15 service does not terminate membership, and unless membership is
2-16 otherwise terminated, the member is eligible to retire and receive
2-17 a service retirement annuity at any time after the member attains
2-18 the age of 60 years.
2-19 (e) An employee of a participating subdivision that has
2-20 adopted the plan provisions of this section may select an optional
2-21 service retirement annuity in the manner and under the conditions
2-22 provided by Section 844.105 if the member:
2-23 (1) has at least eight years of Section 844.210
2-24 credited service in the retirement system and has attained the age
2-25 of 60 years; or
2-26 (2) has at least 20 years of Section 844.210 credited
2-27 service or is otherwise eligible to make a selection of an optional
2-28 service retirement annuity under Section 844.105, 844.106, 844.203,
2-29 844.204, or 844.207.
2-30 (f) If a member who is authorized under Subsection (e) to
2-31 select an optional service retirement annuity dies before
2-32 retirement without having made a selection, the member's surviving
2-33 spouse or the executor or administrator of the member's estate may
2-34 make the selection provided by Section 844.105 under the terms of
2-35 that section.
2-36 (g) A member who has at least eight years of Section 844.210
2-37 credited service in the retirement system is eligible to retire and
2-38 receive a disability retirement annuity if the member is the
2-39 subject of a certification issued as provided by Section
2-40 844.303(b)(2), except that a member is not eligible to retire for
2-41 disability before the first anniversary of the effective date of
2-42 the person's membership. A member eligible to receive a disability
2-43 retirement annuity under this subsection may, if the member is
2-44 eligible for service retirement, elect to receive a service
2-45 retirement annuity but may not receive both annuities.
2-46 (h) The governing body of a subdivision may not adopt the
2-47 plan provisions of this section except on the terms provided by
2-48 Subchapter H of this chapter.
2-49 SECTION 5. Subchapter C, Chapter 844, Government Code, is
2-50 amended by adding Section 844.211 to read as follows:
2-51 Sec. 844.211. OPTIONAL BENEFIT ELIGIBILITY PLAN THREE.
2-52 (a) Subject to Subsection (d), the governing body of a
2-53 participating subdivision may adopt the plan provisions of this
2-54 section.
2-55 (b) In this section "Section 844.211 credited service" means
2-56 credited service performed for one or more participating
2-57 subdivisions that have adopted the plan provisions of this section.
2-58 (c) A member is eligible, beginning on the first anniversary
2-59 of the person's membership, to retire and receive a service
2-60 retirement annuity if the member:
2-61 (1) has sufficient years of Section 844.211 credited
2-62 service in the retirement system that, when added to the years of
2-63 the member's attained age, produces a sum equal to or in excess of
2-64 the number 75; or
2-65 (2) is eligible for service retirement under any other
2-66 provision of this subtitle.
2-67 (d) The governing body of a subdivision may not adopt the
2-68 plan provisions of this section except on the terms provided by
2-69 Subchapter H of this chapter.
2-70 SECTION 6. Sections 844.704(c) and (d), Government Code, are
3-1 amended to read as follows:
3-2 (c) By adopting the plan provisions of this subchapter, the
3-3 governing body also adopts the optional benefit eligibility plan
3-4 described by Section 844.207 unless by its order it adopts the
3-5 optional benefit eligibility plan described by Section 844.210<, if
3-6 it has not already done so>.
3-7 (d) The governing body of a subdivision that has adopted or
3-8 is adopting the plan provisions of this subchapter may adopt:
3-9 (1) the optional benefit for a surviving beneficiary
3-10 of a vested member under Section 844.209;
3-11 (2) the optional increase in retirement annuities
3-12 under Section 844.208;
3-13 (3) the optional authorization of the reestablishment
3-14 of credited service previously forfeited under Section 843.003;
3-15 (4) the optional authorization of the establishment of
3-16 credited service for military service under Section 843.202 or
3-17 843.601, notwithstanding the limitation related to Section 844.201
3-18 in Section 843.202(d) and 843.601(a); <or>
3-19 (5) the optional election to have credits recomputed
3-20 on the basis of total compensation under Section 843.702;
3-21 (6) the optional benefit eligibility plan described by
3-22 Section 844.210; or
3-23 (7) the optional benefit eligibility plan described by
3-24 Section 844.211.
3-25 SECTION 7. This Act takes effect January 1, 1994.
3-26 SECTION 8. The importance of this legislation and the
3-27 crowded condition of the calendars in both houses create an
3-28 emergency and an imperative public necessity that the
3-29 constitutional rule requiring bills to be read on three several
3-30 days in each house be suspended, and this rule is hereby suspended.
3-31 * * * * *
3-32 Austin,
3-33 Texas
3-34 May 20, 1993
3-35 Hon. Bob Bullock
3-36 President of the Senate
3-37 Sir:
3-38 We, your Committee on Intergovernmental Relations to which was
3-39 referred H.B. No. 1198, have had the same under consideration, and
3-40 I am instructed to report it back to the Senate with the
3-41 recommendation that it do pass and be printed.
3-42 Armbrister,
3-43 Chairman
3-44 * * * * *
3-45 WITNESSES
3-46 FOR AGAINST ON
3-47 ___________________________________________________________________
3-48 Name: Terry Horton x
3-49 Representing: Tx County & Dist. Retir. Systm
3-50 City: Austin
3-51 -------------------------------------------------------------------
3-52 Name: Lynwood Moreau x
3-53 Representing: Tx Confer. of Police & Sherriff
3-54 City: Deer Park
3-55 -------------------------------------------------------------------
3-56 Name: Joseph Froh x
3-57 Representing: Tx County & Dist. Retir. Syst
3-58 City: Austin
3-59 -------------------------------------------------------------------
3-60 Name: Dick Tierney x
3-61 Representing: Self
3-62 City: Houston
3-63 -------------------------------------------------------------------
3-64 Name: Katy Caldwell x
3-65 Representing: Harris County Treasurer
3-66 City: Houston
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