1-1 By: Whitmire S.B. No. 115
1-2 (In the Senate - Filed January 14, 1993; January 19, 1993,
1-3 read first time and referred to Committee on Intergovernmental
1-4 Relations; April 22, 1993, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 9, Nays 0;
1-6 April 22, 1993, sent to 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 COMMITTEE SUBSTITUTE FOR S.B. No. 115 By: Armbrister
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to eligibility for retirement under the Texas County and
1-24 District Retirement System.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Subsection (b), Section 844.003, Government Code,
1-27 is amended to read as follows:
1-28 (b) If a member who is eligible under Section 844.105,
1-29 844.106, 844.203, 844.204, <or> 844.207(e), or 844.210(e) to select
1-30 an optional retirement annuity dies before retirement, the member
1-31 is considered to have retired on the last day of the month before
1-32 the month in which death occurred or on the day before the first
1-33 anniversary of the effective date of the person's membership,
1-34 whichever is later.
1-35 SECTION 2. Section 844.107, Government Code, is amended to
1-36 read as follows:
1-37 Sec. 844.107. Additional Deferred Retirement Benefit
1-38 Selection. (a) A member who is entitled under Section 844.105,
1-39 844.106, 844.203, 844.204, <or> 844.207(e), or 844.210(e) to select
1-40 one of the optional service retirement annuities authorized by
1-41 Section 844.104 may elect instead to name a beneficiary who, in
1-42 event of the death of the member before retirement, will be allowed
1-43 to choose any benefit that the member could have chosen to be paid
1-44 to the beneficiary, with like effect as if the selection had been
1-45 made by the member.
1-46 (b) Except as provided in Section 844.105(c)(2), any annuity
1-47 payable under the provisions of Section 844.105, 844.106, 844.203,
1-48 844.204, <or> 844.207(e), or 844.210(e) shall be calculated on the
1-49 assumption that the member had actually retired under the annuity
1-50 selected and with the same beneficiary, effective on the last day
1-51 of the calendar month before the month in which death of the member
1-52 occurred.
1-53 SECTION 3. Section 844.207, Government Code, is amended by
1-54 redesignating Subsection (g) as Subsection (h) and adding a new
1-55 Subsection (g) to read as follows:
1-56 (g) For the purposes of Subsections (c), (d), (e), and (f),
1-57 each month of credited service under Section 844.210 is considered
1-58 a month of Section 844.207 credited service.
1-59 (h) After 1991, the governing body of a subdivision may not
1-60 adopt the plan provisions of this section except on the terms
1-61 provided by Subchapter H of this chapter.
1-62 SECTION 4. Subchapter C, Chapter 844, Government Code, is
1-63 amended by adding Section 844.210 to read as follows:
1-64 Sec. 844.210. OPTIONAL BENEFIT ELIGIBILITY PLAN TWO.
1-65 (a) Subject to Subsection (h), the governing body of a
1-66 participating subdivision may adopt the plan provisions of this
1-67 section.
1-68 (b) In this section "Section 844.210 credited service" means
2-1 credited service performed for one or more participating
2-2 subdivisions that have adopted the plan provisions of this section.
2-3 (c) A member is eligible, beginning on the first anniversary
2-4 of the person's membership, to retire and receive a service
2-5 retirement annuity if the member:
2-6 (1) is at least 60 years old and has at least eight
2-7 years of Section 844.210 credited service in the retirement system;
2-8 (2) has sufficient years of Section 844.210 credited
2-9 service in the retirement system that, when added to the years of
2-10 the member's attained age, produces a sum equal to or in excess of
2-11 the number 80; or
2-12 (3) is eligible for service retirement under any other
2-13 provision of this subtitle.
2-14 (d) If a member has eight years or more of Section 844.210
2-15 credited service in the retirement system, subsequent absence from
2-16 service does not terminate membership, and unless membership is
2-17 otherwise terminated, the member is eligible to retire and receive
2-18 a service retirement annuity at any time after the member attains
2-19 the age of 60 years.
2-20 (e) An employee of a participating subdivision that has
2-21 adopted the plan provisions of this section may select an optional
2-22 service retirement annuity in the manner and under the conditions
2-23 provided by Section 844.105 if the member:
2-24 (1) has at least eight years of Section 844.210
2-25 credited service in the retirement system and has attained the age
2-26 of 60 years; or
2-27 (2) has at least 20 years of Section 844.210 credited
2-28 service or is otherwise eligible to make a selection of an optional
2-29 service retirement annuity under Section 844.105, 844.106, 844.203,
2-30 844.204, or 844.207.
2-31 (f) If a member who is authorized under Subsection (e) to
2-32 select an optional service retirement annuity dies before
2-33 retirement without having made a selection, the member's surviving
2-34 spouse or the executor or administrator of the member's estate may
2-35 make the selection provided by Section 844.105 under the terms of
2-36 that section.
2-37 (g) A member who has at least eight years of Section 844.210
2-38 credited service in the retirement system is eligible to retire and
2-39 receive a disability retirement annuity if the member is the
2-40 subject of a certification issued as provided by Section
2-41 844.303(b)(2), except that a member is not eligible to retire for
2-42 disability before the first anniversary of the effective date of
2-43 the person's membership. A member eligible to receive a disability
2-44 retirement annuity under this subsection may, if the member is
2-45 eligible for service retirement, elect to receive a service
2-46 retirement annuity but may not receive both annuities.
2-47 (h) The governing body of a subdivision may not adopt the
2-48 plan provisions of this section except on the terms provided by
2-49 Subchapter H of this chapter.
2-50 SECTION 5. Subchapter C, Chapter 844, Government Code, is
2-51 amended by adding Section 844.211 to read as follows:
2-52 Sec. 844.211. OPTIONAL BENEFIT ELIGIBILITY PLAN THREE.
2-53 (a) Subject to Subsection (d), the governing body of a
2-54 participating subdivision may adopt the plan provisions of this
2-55 section.
2-56 (b) In this section "Section 844.211 credited service" means
2-57 credited service performed for one or more participating
2-58 subdivisions that have adopted the plan provisions of this section.
2-59 (c) A member is eligible, beginning on the first anniversary
2-60 of the person's membership, to retire and receive a service
2-61 retirement annuity if the member:
2-62 (1) has sufficient years of Section 844.211 credited
2-63 service in the retirement system that, when added to the years of
2-64 the member's attained age, produces a sum equal to or in excess of
2-65 the number 75; or
2-66 (2) is eligible for service retirement under any other
2-67 provision of this subtitle.
2-68 (d) The governing body of a subdivision may not adopt the
2-69 plan provisions of this section except on the terms provided by
2-70 Subchapter H of this chapter.
3-1 SECTION 6. Subsections (c) and (d), Section 844.704,
3-2 Government Code, are amended to read as follows:
3-3 (c) By adopting the plan provisions of this subchapter, the
3-4 governing body also adopts the optional benefit eligibility plan
3-5 described by Section 844.207 unless by its order it adopts the
3-6 optional benefit eligibility plan described by Section 844.210<, if
3-7 it has not already done so>.
3-8 (d) The governing body of a subdivision that has adopted or
3-9 is adopting the plan provisions of this subchapter may adopt:
3-10 (1) the optional benefit for a surviving beneficiary
3-11 of a vested member under Section 844.209;
3-12 (2) the optional increase in retirement annuities
3-13 under Section 844.208;
3-14 (3) the optional authorization of the reestablishment
3-15 of credited service previously forfeited under Section 843.003;
3-16 (4) the optional authorization of the establishment of
3-17 credited service for military service under Section 843.202 or
3-18 843.601, notwithstanding the limitation related to Section 844.201
3-19 in Section 843.202(d) and 843.601(a); <or>
3-20 (5) the optional election to have credits recomputed
3-21 on the basis of total compensation under Section 843.702;
3-22 (6) the optional benefit eligibility plan described by
3-23 Section 844.210; or
3-24 (7) the optional benefit eligibility plan described by
3-25 Section 844.211.
3-26 SECTION 7. This Act takes effect January 1, 1994.
3-27 SECTION 8. The importance of this legislation and the
3-28 crowded condition of the calendars in both houses create an
3-29 emergency and an imperative public necessity that the
3-30 constitutional rule requiring bills to be read on three several
3-31 days in each house be suspended, and this rule is hereby suspended.
3-32 * * * * *
3-33 Austin,
3-34 Texas
3-35 April 22, 1993
3-36 Hon. Bob Bullock
3-37 President of the Senate
3-38 Sir:
3-39 We, your Committee on Intergovernmental Relations to which was
3-40 referred S.B. No. 115, have had the same under consideration, and I
3-41 am instructed to report it back to the Senate with the
3-42 recommendation that it do not pass, but that the Committee
3-43 Substitute adopted in lieu thereof do pass and be printed.
3-44 Armbrister,
3-45 Chairman
3-46 * * * * *
3-47 WITNESSES
3-48 FOR AGAINST ON
3-49 ___________________________________________________________________
3-50 Name: Lynwood Moreau x
3-51 Representing: Harris County Deputy Sheriffs
3-52 City: Houston
3-53 -------------------------------------------------------------------
3-54 Name: Bill D. Hicks x
3-55 Representing: Tx County & Dist Retirement
3-56 City: Odessa
3-57 -------------------------------------------------------------------
3-58 Name: Terry Horton x
3-59 Representing: Tx County & Dist Retire Syste
3-60 City: Austin
3-61 -------------------------------------------------------------------
3-62 Name: Gaynor Kendall x
3-63 Representing: Board of Trustees, Tx County
3-64 City: Austin
3-65 -------------------------------------------------------------------
3-66 FOR AGAINST ON
3-67 ___________________________________________________________________
3-68 Name: Dick Tierney x
3-69 Representing: Harris County
3-70 City: Houston
4-1 -------------------------------------------------------------------
4-2 Name: Katy Caldwell x
4-3 Representing: Harris Co. Treasurer
4-4 City: Houston
4-5 -------------------------------------------------------------------
4-6 Name: Robert M. May x
4-7 Representing: Tx County & Dist. Retirement
4-8 City: Austin
4-9 -------------------------------------------------------------------
4-10 Name: Carol Guthrie x
4-11 Representing: AFSCME Local 1624
4-12 City: Austin
4-13 -------------------------------------------------------------------