1-1 By: Leedom S.B. No. 793
1-2 (In the Senate - Filed March 10, 1993; March 11, 1993, read
1-3 first time and referred to Committee on State Affairs; May 3, 1993,
1-4 reported favorably by the following vote: Yeas 11, Nays 0;
1-5 May 3, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Harris of Dallas x
1-9 Rosson x
1-10 Carriker x
1-11 Henderson x
1-12 Leedom x
1-13 Lucio x
1-14 Luna x
1-15 Nelson x
1-16 Patterson x
1-17 Shelley x
1-18 Sibley x
1-19 West x
1-20 Whitmire x
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to disability retirement under the Employees Retirement
1-24 System of Texas.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Subdivision (12), Section 811.001, Government
1-27 Code, is amended to read as follows:
1-28 (12) "Occupational death or disability" means death or
1-29 disability from:
1-30 (A) an injury <or disease> that directly results
1-31 from a specific act or occurrence determinable by a definite time
1-32 and place, and directly results from an inherent risk or hazard
1-33 peculiar to a duty that arises from and in the course of state
1-34 employment; or
1-35 (B) a disease that directly results from an
1-36 inherent risk or hazard peculiar to a duty that arises from and in
1-37 the course of state employment.
1-38 SECTION 2. (a) A disability retiree of the Employees
1-39 Retirement System of Texas whose claim of an occupational
1-40 disability was denied by the retirement system before the effective
1-41 date of this Act is entitled to an administrative hearing to
1-42 determine whether the person's disability would have been
1-43 occupational under Subdivision (12), Section 811.001, Government
1-44 Code, as amended by this Act, if that definition had been in effect
1-45 at the time the disability was incurred. A request for a hearing
1-46 described by this subsection must be filed with the retirement
1-47 system before January 1, 1995, or the right is waived.
1-48 (b) The Employees Retirement System of Texas shall mail to
1-49 each disability retiree whose claim of an occupational disability
1-50 was denied by the retirement system in the two years preceding the
1-51 effective date of this Act a notice of the right to a hearing under
1-52 this section.
1-53 (c) After a hearing, if the Employees Retirement System of
1-54 Texas determines that the retiree's disability would have been
1-55 considered occupational if Subdivision (12), Section 811.001,
1-56 Government Code, as amended by this Act, had been in effect at the
1-57 time the disability was incurred, the retirement system shall
1-58 recompute the retiree's annuity as an occupational disability
1-59 retirement annuity of the same type as the annuity originally
1-60 selected by the retiree. The recomputed annuity becomes payable
1-61 beginning with the first payment that becomes due after the
1-62 redetermination is made of the nature of the disability.
1-63 (d) A person whose annuity is recomputed under this section
1-64 is considered a retiree because of occupational disability for
1-65 purposes of all programs administered by the Employees Retirement
1-66 System of Texas.
1-67 SECTION 3. The importance of this legislation and the
1-68 crowded condition of the calendars in both houses create an
2-1 emergency and an imperative public necessity that the
2-2 constitutional rule requiring bills to be read on three several
2-3 days in each house be suspended, and this rule is hereby suspended,
2-4 and that this Act take effect and be in force from and after its
2-5 passage, and it is so enacted.
2-6 * * * * *
2-7 Austin,
2-8 Texas
2-9 May 3, 1993
2-10 Hon. Bob Bullock
2-11 President of the Senate
2-12 Sir:
2-13 We, your Committee on State Affairs to which was referred S.B.
2-14 No. 793, have had the same under consideration, and I am instructed
2-15 to report it back to the Senate with the recommendation that it do
2-16 pass and be printed.
2-17 Harris of
2-18 Dallas, Chairman
2-19 * * * * *
2-20 WITNESSES
2-21 FOR AGAINST ON
2-22 ___________________________________________________________________
2-23 Name: William Nail x
2-24 Representing: Employees Retirement System
2-25 City: Austin
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