73R8571 GCH-F
By Johnson H.B. No. 2711
Substitute the following for H.B. No. 2711:
By Marchant C.S.H.B. No. 2711
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the administration of, benefits payable by, eligibility
1-3 for benefits payable by, and credit under programs administered by
1-4 the Teacher Retirement System of Texas.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 821.001, Government Code, is amended by
1-7 adding Subdivisions (18) and (19) to read as follows:
1-8 (18) "Alternate payee" has the meaning assigned that
1-9 term by Section 804.001.
1-10 (19) "Beneficiary" means the person or entity who,
1-11 under a valid written designation or by law, is entitled to receive
1-12 benefits payable by the retirement system on the death of a member
1-13 or annuitant.
1-14 SECTION 2. Section 823.401, Government Code, is amended by
1-15 amending Subsections (c) and (f) and adding Subsection (h) to read
1-16 as follows:
1-17 (c) A member eligible to establish credit under this section
1-18 is one who has at least five <10> years of service credit in the
1-19 retirement system for actual service in public schools.
1-20 (f) The amount of service credit a member may establish
1-21 under this section may not exceed the lesser of the number of years
1-22 of membership service credit the member has in the retirement
1-23 system for actual service in public schools or 10 years.
2-1 (h) A member purchasing out-of-state service credit does not
2-2 qualify for insurance coverage until the member has 10 or more
2-3 years of membership service credit for actual service in public
2-4 schools.
2-5 SECTION 3. Section 823.402(e), Government Code, is amended
2-6 to read as follows:
2-7 (e) A member may establish credit under this section by
2-8 depositing with the retirement system for each year of
2-9 developmental leave claimed an amount equal to the sum of:
2-10 (1) the rate of member contributions required during
2-11 the <member's most recent> year of <service that preceded the
2-12 developmental> leave, times the member's annual rate of
2-13 compensation during the member's most recent year of creditable
2-14 service that preceded the year of leave <that year>; plus
2-15 (2) the amount that the state would have contributed
2-16 had the member performed membership service during the year of
2-17 leave at the member's annual rate of compensation during the most
2-18 recent year of service that preceded the leave; plus
2-19 (3) any membership fees in effect during the year of
2-20 leave.
2-21 SECTION 4. Section 823.501(b), Government Code, is amended
2-22 to read as follows:
2-23 (b) A person eligible to reinstate service credit under this
2-24 section is one who resumes membership service in the retirement
2-25 system <and subsequently performs membership service for the
3-1 shorter of the following periods:>
3-2 <(1) two consecutive years; or>
3-3 <(2) a continuous period equal in duration to the
3-4 period from the date of termination to the date of resumption of
3-5 membership>.
3-6 SECTION 5. Sections 824.101(c) and (e), Government Code, are
3-7 amended to read as follows:
3-8 (c) Only one person may be designated as beneficiary of an
3-9 optional retirement annuity under Section 824.204(c)(1) or (c)(2),
3-10 and a designation of beneficiary under either of those options may
3-11 not be made, changed, or revoked after the later of the date on
3-12 which the retirement system makes the first annuity payment to the
3-13 retiree or the date the first payment becomes due. For purposes of
3-14 this section, the term "makes payment" includes the depositing in
3-15 the mail of a payment warrant or the crediting of an account with
3-16 payment through electronic funds transfer <of the member's
3-17 retirement>.
3-18 (e) The retirement system by rule may provide for the
3-19 designation of alternate beneficiaries and may adopt other rules to
3-20 administer this section.
3-21 SECTION 6. Section 824.204(a), Government Code, is amended
3-22 to read as follows:
3-23 (a) Instead of the standard service retirement annuity
3-24 payable under Section 824.203 or an annuity reduced because of age
3-25 under Section 824.202, a retiring member may elect to receive an
4-1 optional service retirement annuity, reduced for early retirement
4-2 if applicable, under this section. An election to receive an
4-3 optional service retirement annuity must be filed with the board of
4-4 trustees not later than the effective date of retirement.
4-5 SECTION 7. Subchapter C, Chapter 824, Government Code, is
4-6 amended by adding Section 824.206 to read as follows:
4-7 Sec. 824.206. CHANGE OF SERVICE RETIREMENT ANNUITY PAYMENT
4-8 PLAN. (a) A retiree may change the retiree's choice of service
4-9 retirement annuity payment plans after the retiree's effective date
4-10 of retirement by filing written notice with the board of trustees
4-11 before the later of the date on which the retirement system makes
4-12 the first annuity payment or the date the first payment becomes
4-13 due. After the first payment has been made by the retirement
4-14 system or has become due, a retiree may not change the annuity
4-15 payment plan selected.
4-16 (b) For purposes of this section, the term "makes payment"
4-17 includes the depositing in the mail of a payment warrant or the
4-18 crediting of an account with payment through electronic funds
4-19 transfer.
4-20 (c) The retirement system may adopt rules to administer this
4-21 section.
4-22 SECTION 8. Section 824.304(d), Government Code, is
4-23 redesignated as Section 824.304(c) to read as follows:
4-24 (c) <(d)> Before the 31st day after the date on which the
4-25 medical board certifies a member's disability, the member may
5-1 reinstate withdrawn contributions and make deposits for service
5-2 previously waived, military service, and equivalent membership
5-3 service and receive service credit as provided by this subtitle.
5-4 SECTION 9. Section 824.308(a), Government Code, is amended
5-5 to read as follows:
5-6 (a) Instead of an annuity payable under Section 824.304(b),
5-7 a member retiring under that section may elect to receive an
5-8 optional disability retirement annuity under this section. An
5-9 election to receive an optional disability retirement annuity must
5-10 be filed with the board of trustees not later than the effective
5-11 date of retirement.
5-12 SECTION 10. Subchapter D, Chapter 824, Government Code, is
5-13 amended by adding Section 824.309 to read as follows:
5-14 Sec. 824.309. CHANGE OF DISABILITY RETIREMENT PAYMENT PLAN.
5-15 (a) A retiree may change the retiree's choice of disability
5-16 retirement payment plans after the retiree's effective date of
5-17 retirement by filing written notice with the board of trustees
5-18 before the later of the date on which the retirement system makes
5-19 the first annuity payment or the date the first payment becomes
5-20 due. After the first payment has been made by the retirement
5-21 system or has become due, a retiree may not change the annuity
5-22 payment plan selected.
5-23 (b) For purposes of this section, the term "makes payment"
5-24 includes the depositing in the mail of a payment warrant or the
5-25 crediting of an account with payment through electronic funds
6-1 transfer.
6-2 (c) The retirement system may adopt rules to administer this
6-3 section.
6-4 SECTION 11. Sections 824.404(b), (c), and (d), Government
6-5 Code, are amended to read as follows:
6-6 (b) If the designated beneficiary is the spouse or a
6-7 dependent parent of the decedent, the beneficiary may elect to
6-8 receive for life a monthly benefit of $150 <$100>, beginning
6-9 immediately or on the date the beneficiary becomes 65 years old,
6-10 whichever is later.
6-11 (c) If the designated beneficiary is the spouse of the
6-12 decedent and has one or more children less than 18 years old or has
6-13 custody of one or more children of the decedent who are less than
6-14 18 years old, the designated beneficiary may elect to receive:
6-15 (1) a monthly benefit of $250 <$200> payable until the
6-16 youngest child becomes 18 years old; and
6-17 (2) when the youngest child has attained the age of
6-18 18, a monthly benefit for life of $150 <$100>, beginning on the
6-19 date the beneficiary becomes 65 years old.
6-20 (d) If the designated beneficiary or beneficiaries are the
6-21 decedent's dependent children who are less than 18 years old, their
6-22 guardian may elect to receive for them:
6-23 (1) a monthly benefit of $250 <$200>, payable as long
6-24 as two or more children are less than 18 years old; and
6-25 (2) a monthly benefit of $150 <$100>, payable as long
7-1 as only one child is less than 18 years old.
7-2 SECTION 12. Section 824.602, Government Code, is amended to
7-3 read as follows:
7-4 Sec. 824.602. Exceptions. (a) The retirement system may
7-5 not, under Section 824.601, withhold a monthly benefit payment if
7-6 the retiree is employed in a Texas public educational institution:
7-7 (1) as a substitute only with pay not more than the
7-8 daily rate of substitute pay established by the employer, if the
7-9 employment has not exceeded a total of 120 days in the school year
7-10 or, for a disability retiree, 90 days in the school year;
7-11 (2) in a position, other than as a substitute, on no
7-12 more than a one-half time basis for the month; <or>
7-13 (3) in one or more positions on as much as a full-time
7-14 basis, if:
7-15 (A) the work occurs in a school year that begins
7-16 after the retiree's effective date of retirement;
7-17 (B) the work occurs in no more than six months
7-18 of the school year; and
7-19 (C) the retiree executes on a form and within
7-20 any deadline prescribed by the retirement system a written election
7-21 to have this exception apply for the school year in determining
7-22 whether benefits are to be suspended for employment after
7-23 retirement; or
7-24 (4) in a position, other than as a substitute, on no
7-25 more than a one-half time basis for no more than 90 days in the
8-1 school year, if the retiree is a disability retiree.
8-2 (b) Working <as a substitute> any portion of a day counts as
8-3 working a full day for the purposes of Subsection (a)(1) or (a)(4).
8-4 (c) Working any portion of a month counts as working a full
8-5 month for the purposes of Subsection (a)(3).
8-6 (d) A retiree who has elected to avoid loss of monthly
8-7 benefits in a school year pursuant to Subsection (a)(3) is not
8-8 eligible during that school year for any other exceptions to loss
8-9 of benefits provided in this section. If a retiree elects the
8-10 exemption provided in Subsection (a)(3) for a school year, the
8-11 retirement system must include any previous employment during the
8-12 school year, including any employment that relied upon the
8-13 exemptions in Subsection (a)(1) or (a)(2), in determining whether
8-14 and when the retiree has exceeded six months of employment in the
8-15 school year.
8-16 (e) A retiree working as a substitute in a month is not
8-17 eligible for an exception to a loss of benefits for that month
8-18 pursuant to Subsection (a)(2) or (a)(4) for that or any other
8-19 employment in a public educational institution.
8-20 (f) The retirement system shall include any employment
8-21 during the school year, including any employment that relied on the
8-22 exemption provided by Subsection (a)(1) or (a)(4), in determining
8-23 whether and when a disability retiree has exceeded 90 days of
8-24 employment in the school year.
8-25 (g) The exceptions provided by Subsections (a)(2) and (a)(3)
9-1 do not apply to disability retirees. The retirement system
9-2 nevertheless may not withhold a monthly benefit payment under
9-3 Section 824.601 if:
9-4 (1) a disability retiree is employed in a Texas public
9-5 educational institution in a position, other than as a substitute,
9-6 for a period not to exceed three consecutive months of the school
9-7 year;
9-8 (2) the work occurs in a period, designated by the
9-9 disability retiree, of no more than three consecutive months of a
9-10 school year;
9-11 (3) the disability retiree executes on a form and at a
9-12 time prescribed by the retirement system a written election to have
9-13 this exception apply on a one-time trial basis in determining
9-14 whether benefits are to be suspended for the months of employment
9-15 after retirement and in determining whether a disability retiree is
9-16 no longer mentally or physically incapacitated for the performance
9-17 of duty; and
9-18 (4) the disability retiree has not previously elected
9-19 to avoid loss of monthly benefits in a school year under this
9-20 subsection.
9-21 (h) <(g)> A disability retiree is not entitled to service
9-22 credit for service during a trial period under Subsection (g) <(f)>
9-23 if the retiree is restored to active service.
9-24 (i) <(h)> Section 824.005(b), concerning revocation of
9-25 retirement on certain reemployment, applies to employment described
10-1 in Subsection (a) or (g) <(f)>.
10-2 (j) <(i)> The board of trustees shall adopt rules governing
10-3 the employment of a substitute and defining "one-half time basis."
10-4 (k) <(j)> The actuary designated by the board of trustees
10-5 shall, in investigating the experience of the members of the
10-6 system, note any significant increase in early age retirements and
10-7 determine the extent to which any increase has been caused by the
10-8 exception to loss of benefits for employment after retirement
10-9 provided by Subsection (a)(3). If the actuary certifies in writing
10-10 to the retirement system that sound actuarial funding of the
10-11 retirement system's benefits is endangered by continuation of this
10-12 exception, the board of trustees may determine that no further
10-13 elections of the exception will be accepted from retirees, other
10-14 than from those who have previously relied on the exception in
10-15 retiring under this subtitle. A retiree may be considered to have
10-16 relied on this exception only if retirement occurred on or after
10-17 May 31, 1985, but before the date the board of trustees
10-18 acknowledges receipt of such certification and if the retiree has
10-19 first elected to receive benefits under the exception not later
10-20 than two years after the retiree's effective date of retirement.
10-21 SECTION 13. Section 825.202, Government Code, is amended to
10-22 read as follows:
10-23 Sec. 825.202. EXECUTIVE DIRECTOR <SECRETARY>. (a) The
10-24 board of trustees, by a majority vote of all members, shall appoint
10-25 an executive director <secretary>.
11-1 (b) The executive director <secretary> may not be a member
11-2 of the board of trustees.
11-3 (c) To be eligible to serve as the executive director
11-4 <secretary>, a person must have been a citizen of this state for
11-5 the three years immediately preceding the appointment.
11-6 (d) The executive director <secretary> shall recommend to
11-7 the board actuarial and other services necessary to administer the
11-8 retirement system.
11-9 (e) Annually, the executive director <secretary> shall
11-10 prepare an itemized expense budget for the following fiscal year
11-11 and shall submit the budget to the board for review and adoption.
11-12 SECTION 14. Section 825.207(b), Government Code, is amended
11-13 to read as follows:
11-14 (b) The state treasurer shall pay money from the accounts of
11-15 the retirement system on warrants drawn by the comptroller of
11-16 public accounts and authorized by vouchers signed by the executive
11-17 director <secretary> or other persons designated by the board of
11-18 trustees.
11-19 SECTION 15. Sections 825.209(b) and (c), Government Code,
11-20 are amended to read as follows:
11-21 (b) The executive director <secretary> shall give a surety
11-22 bond in the amount of $25,000.
11-23 (c) The board of trustees may require any trustee or
11-24 employee of the board, other than the executive director
11-25 <secretary>, to give a surety bond in an amount determined by the
12-1 board.
12-2 SECTION 16. Section 825.303(b), Government Code, is amended
12-3 to read as follows:
12-4 (b) To be eligible to lend securities under this section, a
12-5 bank or brokerage firm must:
12-6 (1) be experienced in the operation of a fully secured
12-7 securities loan program;
12-8 (2) maintain adequate capital in the prudent judgment
12-9 of the retirement system to assure the safety of the securities;
12-10 (3) execute an indemnification agreement satisfactory
12-11 in form and content to the retirement system fully indemnifying the
12-12 retirement system against loss resulting from borrower default or
12-13 the failure of the bank or brokerage firm to properly execute the
12-14 responsibilities of the bank or brokerage firm under the applicable
12-15 securities lending agreement <its operation of a securities loan
12-16 program for the system's securities>; and
12-17 (4) require any securities broker or dealer to whom it
12-18 lends securities belonging to the retirement system to deliver to
12-19 and maintain with the custodian collateral in the form of cash or
12-20 <United States> government securities eligible for book entry in
12-21 either the Federal Reserve System or the Participants Trust
12-22 Company, in an amount equal to not less than 100 percent of the
12-23 market value, from time to time, of the loaned securities.
12-24 SECTION 17. Section 825.311, Government Code, is amended to
12-25 read as follows:
13-1 Sec. 825.311. INTEREST ACCOUNT. In the interest account the
13-2 retirement system shall:
13-3 (1) deposit all income, interest, and dividends from
13-4 deposits and investments of assets of the retirement system; <and>
13-5 (2) accumulate net capital gains and losses resulting
13-6 from the sale, call, maturity, <or> conversion, or recognition of
13-7 changes in carrying values of investments of the retirement system;
13-8 and <of securities>
13-9 (3) accumulate net income or losses from other
13-10 investments.
13-11 SECTION 18. Section 825.312(a), Government Code, is amended
13-12 to read as follows:
13-13 (a) The retirement system shall deposit in the expense
13-14 account:
13-15 (1) all membership fees required by this subtitle;
13-16 <and>
13-17 (2) money required to be deposited in the account by
13-18 Section 825.313(b)(3) or 825.313(c); and
13-19 (3) money received from the Texas Public School
13-20 Retired Employees Group Insurance Program for service performed for
13-21 the program by the retirement system.
13-22 SECTION 19. Sections 825.403(b) and (c), Government Code,
13-23 are amended to read as follows:
13-24 (b) Each employer or the employer's designated disbursing
13-25 officer, at a time and in a form prescribed by the retirement
14-1 system, shall send to the executive director <secretary> all
14-2 deductions and a certification of earnings of each member employed
14-3 by the employer.
14-4 (c) The executive director <secretary> shall deposit with
14-5 the state treasurer all deductions received by the executive
14-6 director <secretary>.
14-7 SECTION 20. Section 825.405(d), Government Code, is amended
14-8 to read as follows:
14-9 (d) The employer must remit the amount required under this
14-10 section to the executive director <secretary> at the same time that
14-11 the employer remits the member's contribution.
14-12 SECTION 21. Section 825.410(g), Government Code, is amended
14-13 to read as follows:
14-14 (g) A member seeking to establish service credit by using
14-15 the installment payment method shall pay an additional fee of nine
14-16 percent per annum calculated on a declining balance method on the
14-17 lump sum due at the time the installment payment process begins.
14-18 For purposes of this subsection, the installment payment process
14-19 begins on the first business day of the month in which the first
14-20 installment payment becomes due. None of the additional fees shall
14-21 be returned to the member or a beneficiary.
14-22 SECTION 22. Section 825.503(d), Government Code, is amended
14-23 to read as follows:
14-24 (d) The executive director <secretary> or an authorized
14-25 representative may certify the authenticity of a photograph,
15-1 microphotograph, or film of a record reproduced under this section
15-2 and shall charge a fee for the certified photograph,
15-3 microphotograph, or film as provided by law.
15-4 SECTION 23. Section 825.507, Government Code, as added by
15-5 Chapter 16, Acts of the 72nd Legislature, Regular Session, 1991, is
15-6 amended to read as follows:
15-7 Sec. 825.507. Confidentiality of Information About Members,
15-8 Retirees, Annuitants, <or> Beneficiaries, OR ALTERNATE PAYEES.
15-9 (a) Information contained in records that are in the custody of
15-10 the retirement system concerning an individual member, retiree,
15-11 annuitant, <or> beneficiary, or alternate payee is confidential
15-12 under Section 3(a)(1), Chapter 424, Acts of the 63rd Legislature,
15-13 Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil
15-14 Statutes), and may not be disclosed in a form identifiable with a
15-15 specific individual unless:
15-16 (1) the information is disclosed to:
15-17 (A) the individual or the individual's attorney,
15-18 guardian, executor, administrator, conservator, or other person who
15-19 the executive director <secretary> determines is acting in the
15-20 interest of the individual or the individual's estate;
15-21 (B) a spouse or former spouse of the individual
15-22 if the executive director <secretary> determines that the
15-23 information is relevant to the spouse's or former spouse's interest
15-24 in member accounts, benefits, or other amounts payable by the
15-25 retirement system;
16-1 (C) a governmental official or employee if the
16-2 executive director <secretary> determines that disclosure of the
16-3 information requested is reasonably necessary to the performance of
16-4 the duties of the official or employee; or
16-5 (D) a person authorized by the individual in
16-6 writing to receive the information; or
16-7 (2) the information is disclosed pursuant to a
16-8 subpoena and the executive director <secretary> determines that the
16-9 individual will have a reasonable opportunity to contest the
16-10 subpoena.
16-11 (b) This section does not prevent the disclosure of the
16-12 status or identity of an individual as a member, former member,
16-13 retiree, deceased member or retiree, <or> beneficiary, or alternate
16-14 payee of the retirement system.
16-15 (c) The executive director <secretary> may designate other
16-16 employees of the retirement system to make the necessary
16-17 determinations under Subsection (a).
16-18 (d) A determination and disclosure under Subsection (a) may
16-19 be made without notice to the individual member, retiree,
16-20 annuitant, <or> beneficiary, or alternate payee.
16-21 SECTION 24. Section 825.507, Government Code, as added by
16-22 Chapter 13, Acts of the 72nd Legislature, 1st Called Session, 1991,
16-23 is redesignated as Section 825.508 to read as follows:
16-24 Sec. 825.508 <825.507>. Powers of Attorney. (a) A person
16-25 entitled to payment of an annuity or other benefits administered by
17-1 the retirement system may direct the retirement system to treat as
17-2 the authorized representative of the person concerning the
17-3 disposition of the benefits an attorney-in-fact under a power of
17-4 attorney that complies with Subsection (b).
17-5 (b) The system must honor a power of attorney executed in
17-6 accordance with Chapter 1, Section 36A, Texas Probate Code.
17-7 (c) If the power of attorney is revoked, the retirement
17-8 system is not liable for payments made to or actions taken at the
17-9 request of the attorney-in-fact before the date the system receives
17-10 written notice that the power of attorney has been revoked.
17-11 SECTION 25. Subchapter F, Chapter 825, Government Code, is
17-12 amended by adding Section 825.509 to read as follows:
17-13 Sec. 825.509. TRUSTEE-TO-TRUSTEE TRANSFERS. (a) This
17-14 section applies to distributions made on or after January 1, 1993.
17-15 Notwithstanding any law governing the retirement system that would
17-16 otherwise limit a distributee's election under this section, a
17-17 distributee may elect, at the time and in the manner prescribed by
17-18 the executive director or the executive director's designee, to
17-19 have any portion of an eligible rollover distribution from the
17-20 retirement system paid directly to an eligible retirement plan
17-21 specified by the distributee in a direct rollover.
17-22 (b) An eligible rollover distribution under this section is
17-23 any distribution of all or a portion of the balance to the credit
17-24 of the distributee, other than:
17-25 (1) a distribution that is one of a series of
18-1 substantially equal periodic payments made not less frequently than
18-2 annually for:
18-3 (A) the life or life expectancy of the
18-4 distributee;
18-5 (B) the joint lives or joint life expectancies
18-6 of the distributee and the distributee's designated beneficiary; or
18-7 (C) a specified period of 10 years or more;
18-8 (2) a distribution to the extent the distribution is
18-9 required under Section 401(a)(9), Internal Revenue Code of 1986; or
18-10 (3) the portion of a distribution that is not
18-11 includable in gross income for federal income tax purposes.
18-12 (c) An eligible retirement plan under this section is an
18-13 individual retirement account described by Section 408(a), Internal
18-14 Revenue Code of 1986, an individual retirement annuity described by
18-15 Section 408(b), Internal Revenue Code of 1986, an annuity plan
18-16 described by Section 403(a), Internal Revenue Code of 1986, or a
18-17 qualified trust described by Section 401(a), Internal Revenue Code
18-18 of 1986, that accepts the distributee's eligible rollover
18-19 distribution. However, in the case of an eligible rollover
18-20 distribution to a surviving spouse, an eligible retirement plan
18-21 under this section is an individual retirement account or
18-22 individual retirement annuity.
18-23 (d) In this section:
18-24 (1) "Direct rollover" means a payment by the
18-25 retirement system to the eligible retirement plan specified by a
19-1 distributee.
19-2 (2) "Distributee" means a person who receives an
19-3 eligible rollover distribution from the retirement system and
19-4 includes an employee or former employee and, regarding the interest
19-5 of an employee or former employee, the person's surviving spouse or
19-6 alternate payee.
19-7 SECTION 26. Section 824.304(c), Government Code, as it was
19-8 designated immediately before the effective date of this Act, is
19-9 repealed.
19-10 SECTION 27. Monthly payments of a standard service
19-11 retirement annuity made after September 1, 1993, under Section
19-12 824.203, Government Code, to persons who retired before September
19-13 1, 1991, may not be less than $6.50 a month for each year of
19-14 service credit or, for a member who was at least 65 years old at
19-15 the time of retirement, not less than the greater of $6.50 a month
19-16 for each year of service credit, or $150 a month. The minimum
19-17 benefits provided by this section are subject to reduction in the
19-18 same manner as other benefits because of early retirement or
19-19 selection of an optional retirement annuity.
19-20 SECTION 28. The Teacher Retirement System of Texas may
19-21 restore monthly payments of a survivor benefit under Section
19-22 824.404, Government Code, or its predecessor statute, to a spouse
19-23 of a deceased member or retiree that were terminated because of
19-24 remarriage before the effective date of Section 5, Chapter 570,
19-25 Acts of the 66th Legislature, 1979, on application for the benefits
20-1 by the beneficiary. Retroactive payments of the benefits may not
20-2 be made. Payments of the benefits resume beginning with the month
20-3 after the month in which the beneficiary applies for restoration of
20-4 benefits under this section.
20-5 SECTION 29. (a) A retiree who is subject to loss of
20-6 benefits under Section 824.601, Government Code, for months to
20-7 which the exception provided by Section 824.602(a)(3), Government
20-8 Code, could have applied if the retiree had executed the required
20-9 form within the time provided by Section 824.602(a)(3) before its
20-10 amendment by Chapter 13, Acts of the 72nd Legislature, 1st Called
20-11 Session, 1991, is eligible to avoid loss of the benefits or to have
20-12 any lost benefits restored by the Teacher Retirement System of
20-13 Texas.
20-14 (b) To apply under this section to have lost benefits
20-15 restored or to avoid loss of benefits, a retiree must submit a
20-16 written request to the retirement system not later than March 1,
20-17 1994.
20-18 (c) Benefits eligible to be paid under this section are
20-19 those that would have been payable between September 1, 1985, and
20-20 August 31, 1991, if the retiree had not failed to execute the
20-21 required form in a timely manner.
20-22 (d) A retiree may not apply for payment of benefits under
20-23 this section for months of employment credited under Section
20-24 823.502, Government Code. Months of employment in which a retiree
20-25 receives a monthly benefit payment under this section may not be
21-1 considered in applying Section 823.502, Government Code. Only a
21-2 retiree who is surviving on the effective date of this Act is
21-3 eligible to apply for benefits under this section.
21-4 SECTION 30. A supplemental service retirement benefit
21-5 provided for by Chapter 14, Acts of the 60th Legislature, Regular
21-6 Session, 1969, that is being paid on the effective date of this Act
21-7 to a retiree who is still living is payable to the beneficiary of
21-8 the retiree if retirement benefits will be payable to the
21-9 beneficiary on the death of the retiree.
21-10 SECTION 31. The change in law made by Section 11 of this Act
21-11 applies to benefits paid after the effective date of this Act even
21-12 if the beneficiary elected to receive the monthly benefits before
21-13 that date.
21-14 SECTION 32. This Act takes effect September 1, 1993.
21-15 SECTION 33. The importance of this legislation and the
21-16 crowded condition of the calendars in both houses create an
21-17 emergency and an imperative public necessity that the
21-18 constitutional rule requiring bills to be read on three several
21-19 days in each house be suspended, and this rule is hereby suspended.