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
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   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
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    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
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