By:  Brown                                             S.B. No. 437
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to retirement eligibility and benefits for certain members
    1-2  of the Teacher Retirement System of Texas.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter C, Chapter 824, Government Code, is
    1-5  amended by adding Section 824.2021 to read as follows:
    1-6        Sec. 824.2021.  TEMPORARY ELIGIBILITY FOR SERVICE RETIREMENT.
    1-7  (a)  A member is eligible to retire and receive a service
    1-8  retirement annuity if the member's age increased by five years and
    1-9  the member's service credit increased by five years would entitle
   1-10  the member to retire under Section 824.202, except that a member
   1-11  must have actual membership service credit of at least 10 years in
   1-12  order to retire and receive a service retirement annuity under this
   1-13  section.
   1-14        (b)  Except as provided by this subsection, the computation
   1-15  of a service retirement annuity for a member who retires while this
   1-16  section is in effect shall be made in the manner provided by this
   1-17  subchapter or other standard or optional service retirement
   1-18  annuities, as applicable.  The member's standard service retirement
   1-19  annuity shall be computed under Section 824.203 on the basis of the
   1-20  amount of the member's actual service credit plus five years,
   1-21  except that the addition to the member's service credit may not be
   1-22  used in determining the member's average annual compensation and
   1-23  the total service credit used in the computation may not exceed 50
    2-1  years.  Annuity reductions under Section 824.202(b), (c), or (d)
    2-2  shall be applied and computed as if the retiring member were five
    2-3  years older than the member's actual age and had service credit of
    2-4  five years more than the amount for which the member actually has
    2-5  credit in the retirement system.  An optional annuity selected
    2-6  under Section 824.204 shall be actuarially reduced, using the
    2-7  retiring member's actual age, from the annuity computed as provided
    2-8  by this subsection.
    2-9        (c)  This section does not apply in determining eligibility
   2-10  for or the amount of disability retirement or death benefit options
   2-11  authorized by this subtitle.
   2-12        (d)  A member eligible for an unreduced standard service
   2-13  retirement annuity under this section shall not be eligible for
   2-14  disability retirement.
   2-15        (e)  Actuarial tables adopted by the board of trustees for
   2-16  determining the reserves necessary to pay benefits for members
   2-17  retiring under this section shall be applied based on the retiring
   2-18  member's actual age.
   2-19        (f)  This section applies to retirements occurring on or
   2-20  after May 31, 1994, and expires August 31, 1994.
   2-21        SECTION 2.  Should the board of trustees of the Teacher
   2-22  Retirement System of Texas determine that, in order to administer
   2-23  the provisions of Section 824.2021, Government Code, as added by
   2-24  this Act, overtime work is required of the retirement system's
   2-25  employees who are exempt from the overtime provisions of the Fair
    3-1  Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), the
    3-2  board of trustees may authorize the payment of overtime pay to
    3-3  these employees or permit employees to carry the compensatory time
    3-4  earned by such overtime work for such period of time as may be
    3-5  determined by the board of trustees.
    3-6        SECTION 3.  This Act takes effect September 1, 1993.
    3-7        SECTION 4.  The importance of this legislation and the
    3-8  crowded condition of the calendars in both houses create an
    3-9  emergency and an imperative public necessity that the
   3-10  constitutional rule requiring bills to be read on three several
   3-11  days in each house be suspended, and this rule is hereby suspended.