74R9678 GCH-D
          By Hochberg                                           H.B. No. 1216
          Substitute the following for H.B. No. 1216:
          By Rangel                                         C.S.H.B. No. 1216
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to designation of a beneficiary of benefits payable by the
    1-3  Teacher Retirement System of Texas.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 824.101(c), Government Code, is amended
    1-6  to read as follows:
    1-7        (c)  Only one person may be designated as beneficiary of an
    1-8  optional retirement annuity under Section 824.204(c)(1) or (c)(2),
    1-9  and a designation of beneficiary under either of those options may
   1-10  not be made, changed, or revoked, except as provided by Section
   1-11  824.1011, after the later of the date on which the retirement
   1-12  system makes the first annuity payment to the retiree or the date
   1-13  the first payment becomes due.  For purposes of this section, the
   1-14  term "makes payment" includes the depositing in the mail of a
   1-15  payment warrant or the crediting of an account with payment through
   1-16  electronic funds transfer.
   1-17        SECTION 2.  Subchapter B, Chapter 824, Government Code, is
   1-18  amended by adding Section 824.1011 to read as follows:
   1-19        Sec. 824.1011.  DESIGNATION OF BENEFICIARY AFTER RETIREMENT.
   1-20  (a)  In this section:
   1-21              (1)  "New beneficiary" means the most recent
   1-22  beneficiary designated by an annuitant under this section.
   1-23              (2)  "Old beneficiary" means the beneficiary preceding
   1-24  a new beneficiary.  The term may include a person designated as
    2-1  beneficiary at the time of retirement.
    2-2        (b)  An annuitant may change a designation of beneficiary of
    2-3  an optional retirement annuity under Section 824.204(c)(1) or
    2-4  (c)(2) at any time after retirement in the same manner as the
    2-5  original designation was made.
    2-6        (c)  A change of beneficiary made under this section does not
    2-7  take effect until the first payment of the annuity that becomes due
    2-8  two years after the date the beneficiary designation is filed with
    2-9  the retirement system.
   2-10        (d)  The retirement system shall recompute the annuity of an
   2-11  annuitant who makes a change of beneficiary under this section to
   2-12  reflect that change and shall adjust the annuity as appropriate for
   2-13  early retirement and postretirement increases provided after the
   2-14  date of the annuitant's retirement.  The retirement system by rule
   2-15  shall provide for the recovery of the actuarial value, if any, of
   2-16  the difference between payments under the original and recomputed
   2-17  annuities by adjusting the recomputed annuity to equal the
   2-18  actuarial present value of the original retirement annuity as of
   2-19  the date the annuitant filed the change of beneficiary.
   2-20        (e)  If an annuitant who makes a change of beneficiary under
   2-21  this section dies before the change of beneficiary takes effect,
   2-22  the annuity is payable to the old beneficiary until the effective
   2-23  date of the change.  If the beneficiary designated at the time of
   2-24  retirement dies before the change of beneficiary would take effect,
   2-25  the change of beneficiary has no effect.
   2-26        (f)  A change of beneficiary under this section is
   2-27  independent of and  subordinate to a qualified domestic relations
    3-1  order issued and approved as provided by Subchapter A, Chapter 804.
    3-2        SECTION 3.  This Act takes effect September 1, 1995.
    3-3        SECTION 4.  The importance of this legislation and the
    3-4  crowded condition of the calendars in both houses create an
    3-5  emergency and an imperative public necessity that the
    3-6  constitutional rule requiring bills to be read on three several
    3-7  days in each house be suspended, and this rule is hereby suspended.