By Maxey H.B. No. 1198
74R4878 GCH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to service retirement of members of the employee class of
1-3 the Employees Retirement System of Texas; providing for
1-4 appropriation reductions.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 814, Government Code, is
1-7 amended by adding Section 814.1041 to read as follows:
1-8 Sec. 814.1041. RETIREMENT INCENTIVE FOR EMPLOYEE CLASS. (a)
1-9 A member of the employee class may retire under this section if the
1-10 member has at least a minimum amount of service credit required by
1-11 Section 814.104 and is not more than five years younger than the
1-12 minimum age required under that section for eligibility for service
1-13 retirement with that amount of service credit.
1-14 (b) A member of the employee class who has at least the
1-15 minimum amount and type of service credit required for service
1-16 retirement with an annuity computed under Section 814.107 may
1-17 retire under this section and receive an annuity under that section
1-18 that is not actuarially reduced, if the member is not more than
1-19 five years younger than the minimum age required under that section
1-20 to avoid actuarial reduction of the annuity.
1-21 (c) A member eligible to retire under this section is one
1-22 who:
1-23 (1) meets minimum age and service requirements under
1-24 Section 814.104 except as provided by Subsection (a) of this
2-1 section;
2-2 (2) applies for service retirement;
2-3 (3) holds a position included in the employee class on
2-4 the date the application is filed; and
2-5 (4) designates an effective date of retirement that is
2-6 after August 31, 1995, but before September 1, 1997, and is the
2-7 later of September 30, 1995, or the earliest date that the member's
2-8 retirement may become effective.
2-9 (d) The retirement system shall report to the comptroller
2-10 the name of each person who retires under this section, the
2-11 effective date of the person's retirement, the entity by which the
2-12 person was employed immediately before retirement, and the amount
2-13 of compensation paid to the person for the last month of
2-14 employment, excluding any amount paid for unused accumulated leave.
2-15 The retirement system shall submit reports under this subsection at
2-16 the times and in the manner the comptroller provides.
2-17 (e) Except as provided by Subsection (f), the comptroller
2-18 shall reduce the total amount of legislative appropriations to the
2-19 entity by which the retiring member was employed immediately before
2-20 retirement by the amount of the reported compensation multiplied by
2-21 the number of months remaining in the fiscal biennium.
2-22 (f) The comptroller may not reduce appropriations under
2-23 Subsection (e) if the total legislative appropriations to the
2-24 entity for the fiscal year in which the employee retires, or for
2-25 any subsequent fiscal year in the biennium, are less than $1
2-26 million.
2-27 (g) This section expires September 1, 1997.
3-1 SECTION 2. Section 812.203(a), Government Code, is amended
3-2 to read as follows:
3-3 (a) The retirement system shall suspend annuity payments to
3-4 a retiree for service that was credited to the retiree in the
3-5 employee class if the retiree holds a position included in the
3-6 employee class <for more than nine months in any one fiscal year>:
3-7 <(1) until the retiree no longer holds a position
3-8 included in the employee class; or>
3-9 <(2) until the next fiscal year, whichever comes
3-10 first>.
3-11 SECTION 3. Sections 812.202(b) and 812.203(b), Government
3-12 Code, are repealed.
3-13 SECTION 4. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended,
3-18 and that this Act take effect and be in force from and after its
3-19 passage, and it is so enacted.