By Craddick                                            H.B. No. 679
          Substitute the following for H.B. No. 679:
          By Rangel                                          C.S.H.B. No. 679
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the effect of certain types of divorce decrees on
    1-3  retirement benefits payable by the Employees Retirement System of
    1-4  Texas.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subchapter A, Chapter 814, Government Code, is
    1-7  amended by adding Section 814.006 to read as follows:
    1-8        Sec. 814.006.  REVOCATION OF BENEFICIARY BY DIVORCE DECREE.
    1-9        (a)  In this section, "divorce decree" means a judgment,
   1-10  decree, order, or qualified domestic relations order, including a
   1-11  document approving a property settlement agreement, that is issued
   1-12  by a court under a domestic relations law of this or another state
   1-13  in conjunction with the dissolution of a marriage and that relates
   1-14  to the marital property rights of a retiree and that person's
   1-15  former spouse.
   1-16        (b)  Upon receipt of a certified copy of a divorce decree
   1-17  that purports to revoke or order the revocation of a designation by
   1-18  a retiree of a beneficiary under this subchapter, accompanied by a
   1-19  written directive from a retiree requesting such change, the
   1-20  retirement system shall change its records in accordance with the
   1-21  directive and decree.
   1-22        (c)  If a divorce decree revokes or orders the revocation of
   1-23  a designation of a beneficiary made by a retiree who retired under
   1-24  an optional retirement annuity described by Section 814.108(c)(1)
    2-1  or (c)(2) or other optional retirement annuity selection approved
    2-2  by the board of trustees by rule, the retiree may select a standard
    2-3  retirement annuity or another beneficiary for the optional
    2-4  retirement annuity selected at the time retirement.  If the
    2-5  retirement system receives from a retiree who retired under an
    2-6  optional retirement annuity, a written directive and certified
    2-7  decree, as described in this Subsection, which revokes a
    2-8  beneficiary designation but does not designate a substitute
    2-9  beneficiary, the retiree shall be deemed to have selected a
   2-10  standard retirement annuity and the retirement system shall
   2-11  recompute the annuity of the retiree as a standard annuity.
   2-12  Thereafter, if such retiree designates another beneficiary by
   2-13  written directive filed with the retirement system, the retirement
   2-14  system shall recompute and reinstate the optional annuity giving
   2-15  effect to the new beneficiary designation on a prospective basis
   2-16  only.  A retiree may make a change of beneficiary under this
   2-17  Subsection only to a spouse and only once during the retiree's
   2-18  lifetime.
   2-19        (d)  The retirement system shall recompute the annuity of a
   2-20  retiree who makes a selection under Subsection (c) to reflect that
   2-21  selection and shall adjust the annuity as appropriate for early
   2-22  retirement and postretirement increases provided after the date of
   2-23  the retiree's retirement.  The retirement system by rule shall
   2-24  provide for the recovery of the actuarial value, if any, of the
   2-25  difference between payments under the original and recomputed
   2-26  annuities by determining the recomputed annuity such that the
   2-27  actuarial present value of the recomputed annuity is equal to the
    3-1  actuarial present value of the original retirement annuity as of
    3-2  the date the retirement system receives the directive to change the
    3-3  beneficiary.
    3-4        (e)  Payment of a recomputed annuity becomes effective the
    3-5  month following receipt by the retirement system of the actuarial
    3-6  recomputation.
    3-7        (f)  The retirement system shall determine, upon receipt of a
    3-8  certified copy of a divorce decree purporting to revoke a
    3-9  beneficiary designation under this section, whether such decree
   3-10  clearly revokes or permits the revocation of a beneficiary
   3-11  designation.  The retirement system may decline to implement a
   3-12  beneficiary change if it determines that the decree fails to
   3-13  specify clearly that a beneficiary change is within the scope of
   3-14  the decree.  The court which issued the decree or which would
   3-15  otherwise have jurisdiction over the matter has jurisdiction to
   3-16  amend the decree to clarify the scope of the decree, even though
   3-17  all other matters incident to the action or proceeding have been
   3-18  fully and finally adjudicated.
   3-19        (g)  A determination by the retirement system under this
   3-20  section may be appealed only to a district court of Travis County,
   3-21  Texas.  The retirement system, the board of trustees, and officers
   3-22  and employees of the retirement system shall not be liable to any
   3-23  person for making or failing to make a beneficiary designation
   3-24  change pursuant to a decree submitted under this section.
   3-25        (h)  The board of trustees of the retirement system may
   3-26  promulgate rules it deems necessary to implement the provisions of
   3-27  this section.
    4-1        SECTION 2.  If the Employees Retirement System of Texas
    4-2  receives a certified copy of a divorce decree that was entered
    4-3  before the effective date of this Act and that purports to revoke
    4-4  or order the revocation of a designation of a beneficiary by a
    4-5  retiree of the retirement system, upon receipt of a written
    4-6  directive from the retiree, the retirement system shall change its
    4-7  records and, as appropriate, begin payments of any recomputed
    4-8  annuity, as provided in Section 1 of this Act, as if the decree
    4-9  were entered after the effective date of this Act.
   4-10        SECTION 3.  The importance of this legislation and the
   4-11  crowded condition of the calendars in both houses create an
   4-12  emergency and an imperative public necessity that the
   4-13  constitutional rule requiring bills to be read on three several
   4-14  days in each house be suspended, and this rule is hereby suspended,
   4-15  and that this Act take effect and be in force from and after its
   4-16  passage, and it is so enacted.