H.B. No. 2283
    1-1                                AN ACT
    1-2  relating to participation and credit in, contributions to, and
    1-3  benefits and administration of the Texas County and District
    1-4  Retirement System.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 841.001, Government Code, is amended by
    1-7  amending Subdivisions (5) and (6) and adding Subdivision (15) to
    1-8  read as follows:
    1-9              (5)  "Compensation" means the payments that do not
   1-10  exceed $150,000 in a calendar year, indexed in the same manner as
   1-11  is provided by Section 401(a)(17) of the Internal Revenue Code of
   1-12  1986 (26 U.S.C. Section 417) and that are made to an employee of a
   1-13  participating subdivision by the subdivision for service, including
   1-14  nonmonetary compensation, the value of which is determined by the
   1-15  governing body of the subdivision.
   1-16              (6)  "Employee" means a person, other than a temporary
   1-17  employee, who is certified by a subdivision as being employed in,
   1-18  or elected or appointed to, a position or office in the subdivision
   1-19  that normally requires services from the person for not less than
   1-20  900 hours a year and for which the person is compensated by the
   1-21  subdivision.  The term includes a person employed on a probationary
   1-22  basis except as provided by Section 842.107(c).
   1-23              (15)  "Temporary employee" means a person who is
   1-24  scheduled to hold a position for less than six months and only:
    2-1                    (A)  until another person can be hired;
    2-2                    (B)  for the duration of a project scheduled to
    2-3  end less than six months after the date of hiring;
    2-4                    (C)  until a specific date less than six months
    2-5  after the date of hiring; or
    2-6                    (D)  until a volume of work is completed that is
    2-7  estimated to be completed in less than six months after the date of
    2-8  hiring.
    2-9        SECTION 2.  Section 842.101, Government Code, is amended by
   2-10  adding Subsection (c) to read as follows:
   2-11        (c)  If a person's status as a temporary employee ceases, and
   2-12  the person becomes an employee within the meaning of this subtitle,
   2-13  the subdivision shall certify the change to the retirement system,
   2-14  and the person becomes a member effective on the date of the
   2-15  certification, but without credit for the period during which the
   2-16  person was a temporary employee.
   2-17        SECTION 3.  The section heading of Section 842.110,
   2-18  Government Code, is amended to read as follows:
   2-19        Sec. 842.110.  RESUMPTION OF SERVICE WITH SAME EMPLOYER BY
   2-20  RETIREE
   2-21        SECTION 4.  Section 842.110, Government Code, is amended by
   2-22  amending Subsections (a), (b), (g), and (h) and adding Subsection
   2-23  (i) to read as follows:
   2-24        (a)  A person who has retired with a service retirement
   2-25  benefit under this subtitle shall, if the person later becomes an
   2-26  employee of a reemploying <any participating> subdivision, become a
   2-27  member of the system on the date of reemployment <employment>, but
    3-1  credits and benefits allowable to the person under this subtitle
    3-2  are limited as provided by this section.
    3-3        (b)  The retirement system shall discontinue and suspend
    3-4  payments of each service retirement annuity allowed because of the
    3-5  person's previous service with a reemploying subdivision, beginning
    3-6  with the month the retirement system determines that the person has
    3-7  resumed employment with the reemploying subdivision <following the
    3-8  month in which the person again becomes a member under Subsection
    3-9  (a)>.  After the determination, the <The> retirement system may not
   3-10  make payments of the annuity for any month during which the person
   3-11  remains an employee of the reemploying <a participating>
   3-12  subdivision.  The suspension of a benefit under this section does
   3-13  not suspend payment of a benefit to an alternate payee under a
   3-14  qualified domestic relations order.
   3-15        (g)  The additional service retirement benefit allowable to a
   3-16  person to whom this section applies is, at the option of that
   3-17  person, either a refund of accumulated contributions made since
   3-18  reemployment plus any accrued interest on the accumulated
   3-19  contributions allowed by the retirement system or a benefit
   3-20  consisting of a basic annuity actuarially determined from the sum
   3-21  of the member's deposits made and accumulated since the date of
   3-22  last becoming a member and current service credit computed on the
   3-23  amount of the deposits and a supplemental annuity actuarially
   3-24  determined from the multiple matching credit applicable to the
   3-25  amount of contributions made and accumulated with interest in the
   3-26  person's individual account since last becoming a member.  The
   3-27  additional benefit is payable as a standard service retirement
    4-1  benefit or, at the election of the member, any optional benefit
    4-2  authorized under this subtitle that is the actuarial equivalent of
    4-3  the standard retirement benefit.  The first benefit payment date
    4-4  under this section is the later of the end of the month following
    4-5  the last month of employment or the end of the first month that
    4-6  ends after the expiration of 45 <if the person files an application
    4-7  not less than 60> days since the date the person filed an
    4-8  application for payment.  The first payment may not be made if the
    4-9  person <before the payment date and> has <not> resumed employment
   4-10  with a reemploying <any participating> subdivision in a position
   4-11  that would make the person an employee.
   4-12        (h)  If a person becomes an employee of a reemploying <any
   4-13  participating> subdivision within one calendar month after that
   4-14  person's effective date of retirement from that reemploying
   4-15  subdivision, the person is considered not to have retired, and the
   4-16  person's membership shall be restored.  The retirement system shall
   4-17  deduct the sum of one-half of the basic annuity payments made
   4-18  before the membership is restored from the person's individual
   4-19  account in the employees saving fund and shall transfer that amount
   4-20  to the current service annuity reserve fund.  The retirement system
   4-21  shall reduce the person's maximum prior service credit by an amount
   4-22  equal to the sum of the prior service annuity payments made before
   4-23  the membership is restored, divided by the product of the
   4-24  subdivision's allocated prior service credit percentage multiplied
   4-25  by the interest factor for interest from the subdivision's
   4-26  participation date to the person's effective retirement date, both
   4-27  of which were used in computing the amount of the prior service
    5-1  annuity.
    5-2        (i)  In this section, "reemploying subdivision" is a
    5-3  subdivision for which a person previously has performed creditable
    5-4  service and is receiving or would receive a retirement benefit
    5-5  except for this section.
    5-6        SECTION 5.  Subchapter B, Chapter 842, Government Code, is
    5-7  amended by adding Sections 842.111 and 842.112 to read as follows:
    5-8        Sec. 842.111.  RESUMPTION OF SERVICE WITH DIFFERENT EMPLOYER
    5-9  BY RETIREE.  (a)  If a person becomes an employee of a
   5-10  participating subdivision after beginning to receive a retirement
   5-11  benefit, no portion of which is based on service with that
   5-12  subdivision, the person resumes membership in the retirement system
   5-13  without suspension of the person's retirement annuity.
   5-14        (b)  Member contributions under Section 845.403 shall be made
   5-15  on all compensation paid to the employee by the subdivision at the
   5-16  same rate as is required of other employees of the subdivision.
   5-17  The retirement system shall deposit the contributions on receipt in
   5-18  an individual account for the member in the employees saving fund
   5-19  and shall credit the account with interest at the same rate and in
   5-20  the same manner as the accounts of other members are credited.
   5-21  The compensation paid to the employee by the subdivision shall be
   5-22  included in computing the monthly contributions the subdivision
   5-23  makes to the subdivision accumulation fund.
   5-24        (c)  If a person with credited service under this section
   5-25  dies before a payment under Subsection (d) is made, the person's
   5-26  beneficiary or, if no beneficiary survives, the executor or
   5-27  administrator of the person's estate, may elect payment as provided
    6-1  by Section 844.105(c).
    6-2        (d)  The additional service retirement benefit allowable to a
    6-3  person to whom this section applies is, at the option of that
    6-4  person, either a refund of accumulated contributions made since
    6-5  reemployment plus any accrued interest on the accumulated
    6-6  contributions allowed by the retirement system or a benefit
    6-7  consisting of a basic annuity actuarially determined from the sum
    6-8  of the member's deposits made and accumulated since the date of
    6-9  last becoming a member and current service credit computed on the
   6-10  amount of the deposits and a supplemental annuity actuarially
   6-11  determined from the multiple matching credit applicable to the
   6-12  amount of contributions made and accumulated with interest in the
   6-13  person's individual account since last becoming a member.  The
   6-14  additional benefit is payable as a standard service retirement
   6-15  benefit or, at the election of the member, any optional benefit
   6-16  authorized under this subtitle that is the actuarial equivalent of
   6-17  the standard retirement benefit.  The first benefit payment date
   6-18  under this section is the later of the end of the month following
   6-19  the last month of employment or the end of the first month that
   6-20  ends after the expiration of 45 days since the date the person
   6-21  filed an application for payment.  The first payment may not be
   6-22  made if the person has resumed employment that would result in
   6-23  suspension of a benefit.
   6-24        (e)  If a person becomes an employee of a subdivision after
   6-25  beginning to receive a retirement benefit, no portion of which
   6-26  benefit is based on service with that subdivision, and the person's
   6-27  service retirement annuity is suspended under Section 842.110, as
    7-1  it existed at the time service is resumed, the person may, on
    7-2  written application to the retirement system, resume receiving the
    7-3  suspended annuity.
    7-4        Sec. 842.112.  CORRECTION OF ERRORS.  (a)  If, as a result of
    7-5  a reporting error on the part of a participating subdivision, a
    7-6  person has not received credited service or current service credit
    7-7  or has received less than the correct amount of current service
    7-8  credit for months in which the person performed service as an
    7-9  employee of the subdivision, the retirement system shall correct
   7-10  the error as authorized by this section.
   7-11        (b)  A correction may not be made as to current service
   7-12  performed, or current service credit that should have been
   7-13  received, more than four years before the date an application, on
   7-14  forms approved by the retirement system's board of trustees, for
   7-15  the correction is received by the retirement system.
   7-16        (c)  A correction may not be made unless the retirement
   7-17  system receives, in addition to the application, each of the items
   7-18  required under Subsections (d), (e), and (f), and one of the
   7-19  following:
   7-20              (1)  a written agreement, approved by the subdivision's
   7-21  governing body, stating that an error has occurred and that the
   7-22  subdivision has agreed to correct the error;
   7-23              (2)  a final judgment by a court of competent
   7-24  jurisdiction in proceedings to which the subdivision was a party,
   7-25  ordering that the subdivision correct the error; or
   7-26              (3)  an order in an administrative proceeding to which
   7-27  the subdivision was a party, directing that the subdivision correct
    8-1  the error, that is no longer subject to appeal.
    8-2        (d)  A correction may not be made unless the retirement
    8-3  system receives a supplemental report properly signed on behalf of
    8-4  the subdivision showing the corrections to credited service or
    8-5  current service credit of the person.
    8-6        (e)  A correction may not be made unless the retirement
    8-7  system receives payment from the person seeking the correction in
    8-8  an amount equal to the contributions or additional contributions
    8-9  the person would have made to the system if the service had been
   8-10  correctly reported to the retirement system.
   8-11        (f)  A correction may not be made unless the retirement
   8-12  system receives payment from the subdivision in an amount equal to
   8-13  the additional contribution that the subdivision should have paid
   8-14  to the retirement system based on the additional credited service
   8-15  or current service credit.
   8-16        (g)  A subdivision that is the subject of an agreement,
   8-17  judgment, or order described by Subsection (c) shall file the
   8-18  supplemental report and submit the payments described by this
   8-19  section within 30 days after the date the subdivision is notified
   8-20  in writing by the retirement system that those items should be sent
   8-21  to the retirement system.
   8-22        (h)  If, as a result of a reporting error on the part of a
   8-23  participating subdivision, a person has not received prior service
   8-24  credit, on written application to the retirement system,
   8-25  accompanied by evidence of the prior service satisfactory to the
   8-26  retirement system, the retirement system shall correct the error if
   8-27  the retirement system receives the person's written application for
    9-1  the correction within four years after the later of the date the
    9-2  subdivision began participation or the person first became a member
    9-3  of the retirement system.
    9-4        SECTION 6.  Section 842.202, Government Code, is amended to
    9-5  read as follows:
    9-6        Sec. 842.202.  Waiver of Membership.  (a)  A person who would
    9-7  make contributions to the retirement system because of Section
    9-8  842.201 <is eligible under Section 842.201(a) to become a member of
    9-9  the retirement system on the effective date of the commissioners
   9-10  court order> may elect to not participate in the retirement system
   9-11  as an employee and not make contributions or receive service credit
   9-12  at any time after the effective date of the commissioners court
   9-13  order <waive membership>.
   9-14        (b)  The board of trustees may prescribe the form for an
   9-15  election <of a membership waiver> under this section, which must be
   9-16  in writing and filed with the director <within 30 days after the
   9-17  date specified in an order under Section 842.201(a)>.
   9-18        SECTION 7.  Section 842.203, Government Code, is amended to
   9-19  read as follows:
   9-20        Sec. 842.203.  Subsequent Election to Become Member OR RESUME
   9-21  CONTRIBUTIONS.  (a)  A person who has made an election not to
   9-22  participate and make contributions <filed a waiver> under Section
   9-23  842.202 may thereafter become a member of the retirement system or
   9-24  resume making contributions if already a member, if the person
   9-25  meets the requirements for membership that are applicable to new
   9-26  employees of the subdivision at the time that the person applies
   9-27  for participation <membership> that was previously waived.
   10-1  Application for membership or resumption of contributions under
   10-2  this section must be on a form prescribed by the board of trustees.
   10-3        (b)  The effective date of membership or resumption of
   10-4  accumulation of credited service applied for under this section is
   10-5  the first day of the first month for which a contribution is made
   10-6  for the person and <after the month in which> the application is
   10-7  filed, and no credit in the retirement system may be given for any
   10-8  type of service prior to that <effective> date for which the person
   10-9  has not already received credit in the retirement system.
  10-10        SECTION 8.  Section 843.201, Government Code, is amended to
  10-11  read as follows:
  10-12        Sec. 843.201.  SERVICE CREDIT FOR CERTAIN PUBLIC EMPLOYMENT
  10-13  <FACILITIES>.  (a)  The governing body of a participating
  10-14  subdivision by order may authorize the establishment of prior
  10-15  service credit in the retirement system for service performed in a
  10-16  public hospital, utility, or other public facility or governmental
  10-17  function during a time the facility was operated or function was
  10-18  performed by a unit of government other than the subdivision and
  10-19  before:
  10-20              (1)  the effective date of the subdivision's
  10-21  participation in the retirement system, if the facility was
  10-22  acquired or the governmental function was taken over by the
  10-23  subdivision before that date; or
  10-24              (2)  the date of acquisition of the facility or the
  10-25  date the governmental function was taken over, if the facility was
  10-26  acquired or the governmental function was taken over after the
  10-27  effective date of the subdivision's participation in the retirement
   11-1  system.
   11-2        (b)  A member eligible to establish credit under this section
   11-3  after an order under Subsection (a) is one who was employed by a
   11-4  public facility or by an entity performing the governmental
   11-5  function:
   11-6              (1)  on the effective date of subdivision
   11-7  participation, for service under Subsection (a)(1); or
   11-8              (2)  on the date of acquisition of the facility or the
   11-9  date the governmental function was taken over, for service under
  11-10  Subsection (a)(2).
  11-11        (c)  The <maximum prior service credit allowable to a member
  11-12  under this section is computed in the manner prescribed by Section
  11-13  843.105, but the> allocated prior service credit allowable under
  11-14  this section may be limited by the order of the governing body to
  11-15  zero or to any percentage that is a multiple of five percent and
  11-16  <fractional amount of the maximum prior service credit> that does
  11-17  not exceed the percentage applicable to the computation of
  11-18  allocated prior service credits for employees of other departments
  11-19  of the subdivision.
  11-20        (d)  Allocated prior service credits are allowable for a
  11-21  subdivision only if the retirement system's actuary certifies that:
  11-22              (1)  the subdivision contribution rate will not exceed
  11-23  the employee contribution rate plus three percent, if the
  11-24  subdivision has adopted the provisions for an annually determined
  11-25  contribution rate plan under Subchapter H, Chapter 844; or
  11-26              (2)  the subdivision's unfunded actuarial accrued
  11-27  liability amortization period will be less than 25 years, if the
   12-1  subdivision has not adopted the provisions of Subchapter H, Chapter
   12-2  844.
   12-3        SECTION 9.  Section 844.003, Government Code, is amended by
   12-4  amending Subsections (a), (c), and (d) and adding Subsections (e),
   12-5  (f), and (g) to read as follows:
   12-6        (a)  Except as provided by Subsections (b) and (e) <(d)>, the
   12-7  effective date of a member's service retirement is the date the
   12-8  member designates at the time the member applies for retirement
   12-9  under Section 844.101, but the date must be the last day of a
  12-10  calendar month and may not precede the date the member terminates
  12-11  employment with all participating subdivisions.
  12-12        (c)  Except as provided by Subsections (b) and (e) <(d)>, the
  12-13  effective date of a member's disability retirement is the date
  12-14  designated on the application for retirement filed by or for the
  12-15  member as provided by Section 844.301, but the date may not precede
  12-16  the date the member terminates employment with all participating
  12-17  subdivisions.
  12-18        (d)  If a person who has attained age 70-1/2 terminates  or
  12-19  has terminated covered employment without applying for retirement
  12-20  or a refund of accumulated contributions, the retirement system
  12-21  shall attempt to send to that person the written notice described
  12-22  by Subsection (e) as soon as is practical after the last to occur
  12-23  of:
  12-24              (1)  the date the person attains age 70-1/2;
  12-25              (2)  the date the person terminates all covered
  12-26  employment; or
  12-27              (3)  the date the person first becomes eligible for
   13-1  retirement under this chapter <covered employment without applying
   13-2  for retirement, the retirement system shall attempt to notify that
   13-3  person in writing and advise the person that the person is required
   13-4  to retire.  If, before the 91st day after the date the retirement
   13-5  system sends the notice, the person has not filed an application
   13-6  with the board for retirement, the person is considered to have
   13-7  retired on the last day of the month in which the person terminated
   13-8  employment with all participating subdivisions and:>
   13-9              <(1)  to have elected to receive an annuity under
  13-10  Section 844.103, if the person did not have a spouse on the date of
  13-11  employment termination; or>
  13-12              <(2)  if the person had a spouse on the date of
  13-13  employment termination, to have elected to receive an annuity under
  13-14  Section 844.104(c)(1) and to have designated the person's spouse as
  13-15  the beneficiary under the annuity>.
  13-16        (e)  The written notice shall advise the person that the
  13-17  person is required to retire.  If, before the 91st day after the
  13-18  date the retirement system sends the notice, the person has not
  13-19  filed an application for refund or retirement with the board of
  13-20  trustees, the person is considered to have retired on the last day
  13-21  of the month following the last to occur of the three dates
  13-22  described by Subsection (d).
  13-23        (f)  If a person is considered by the retirement system to
  13-24  have retired as a result of Subsection (e), the person also shall
  13-25  be considered:
  13-26              (1)  to have elected to receive an annuity under
  13-27  Section 844.103, if the person did not have a spouse on the date of
   14-1  employment termination; or
   14-2              (2)  if the person had a spouse on the date of
   14-3  employment termination, to have elected to receive an annuity under
   14-4  Section 844.104(c)(1) and to have designated the person's spouse as
   14-5  the beneficiary under the annuity.
   14-6        (g)  If a person who has less than four years of creditable
   14-7  service and who has attained age 70-1/2 has terminated covered
   14-8  employment without applying for a refund of accumulated
   14-9  contributions and is not eligible to retire without additional
  14-10  service or age, the retirement system shall attempt to send that
  14-11  person written notice in accordance with this subsection as soon as
  14-12  is practical after the person has been absent from covered
  14-13  employment for five consecutive years or more.  The written notice
  14-14  shall advise the person that the person is required to receive a
  14-15  refund of accumulated contributions in order to avoid a tax penalty
  14-16  according to the Internal Revenue Code of 1986 (Title 26, United
  14-17  States Code).  If, before the 91st day after the date the
  14-18  retirement system sends the notice, the person has not filed an
  14-19  application for refund with the board of trustees, the person is
  14-20  considered to have filed an application for refund and to have
  14-21  elected to have withholding taxes withheld on that refund.
  14-22        SECTION 10.  Section 844.005, Government Code, is amended to
  14-23  read as follows:
  14-24        Sec. 844.005.  When Annuity is Payable; CHANGES BEFORE FIRST
  14-25  PAYMENT.  (a)  A retiree may change the retiree's choice of
  14-26  retirement annuity payment plans or the designation of beneficiary
  14-27  after the retiree's effective date of retirement by filing written
   15-1  notice with the board of trustees before the later of the date on
   15-2  which the retirement system makes the first payment or the date the
   15-3  first annuity payment becomes due.  After the first payment has
   15-4  been made by the retirement system or has become due, a retiree may
   15-5  not change the annuity payment plan selected and may not change the
   15-6  designated beneficiary except under Section 844.006.
   15-7        (b)  For purposes of this section, the term "makes payment"
   15-8  includes the depositing in the mail of a payment or the crediting
   15-9  of an account with payment through electronic funds transfer.
  15-10        (c)  An annuity under this subtitle is payable for a period
  15-11  beginning on the last day of the first month following the month in
  15-12  which retirement occurs and ending, except as otherwise provided by
  15-13  this subtitle, on the last day of the month immediately preceding
  15-14  the month in which death occurs.
  15-15        SECTION 11.  Section 844.007, Government Code, is amended by
  15-16  amending Subsections (b), (c), (d), and (f) to read as follows:
  15-17        (b)  Through December 31, 1995, current <Current> and
  15-18  supplemental interest will be credited on the balance in the
  15-19  member's individual account in the employees saving fund on January
  15-20  1 of the year of retirement from that date to the effective date of
  15-21  retirement at the rates allowed on individual accounts of members
  15-22  as of December 31 of the preceding year.  For periods that begin
  15-23  after December 31, 1995, interest will be credited on the balance
  15-24  in the member's individual account in the employees saving fund on
  15-25  January 1 of the year of retirement from that date to the effective
  15-26  date of retirement.
  15-27        (c)  An amount equal to the <current and supplemental>
   16-1  interest computed under Subsection (b) will be credited to the
   16-2  account in the subdivision accumulation fund for the subdivision
   16-3  that employed the member.
   16-4        (d)  The current service credit and multiple matching credit
   16-5  of the member will be computed as provided by Section 843.403,
   16-6  except that they will include additional interest from the
   16-7  beginning of the calendar year in which retirement occurs to the
   16-8  effective date of retirement <at the same rates as additional
   16-9  interest is computed under Subsection (b)>.
  16-10        (f)  If a distributive benefit is allowed before January 1,
  16-11  1996, to persons who are annuitants on December 31 of the year in
  16-12  which the person retires, the distributive benefit of a person who
  16-13  retires at the end of any month in that year preceding December
  16-14  31st will be reduced in the ratio that the number of months from
  16-15  the first day of January of that year to the effective date of
  16-16  retirement bears to 12 months.
  16-17        SECTION 12.  Section 844.008(a)(1), Government Code, is
  16-18  amended to read as follows:
  16-19              (1)  "Annual benefit" means the total of all annuity
  16-20  payments by the retirement system on behalf of a person who has
  16-21  retired under this subtitle <to an annuitant> during a calendar
  16-22  year, including any distributive benefit payments.
  16-23        SECTION 13.  Section 844.008(d), Government Code, is amended
  16-24  to read as follows:
  16-25        (d)  Except as provided by Subsections (f), (h), and (i), an
  16-26  annual benefit payable by the retirement system may not exceed the
  16-27  lesser of:
   17-1              (1)  $112,221, or another amount as adjusted each
   17-2  January 1 by the secretary of the treasury under Section 415 of the
   17-3  Internal Revenue Code of 1986 (26 U.S.C. Section 415) for
   17-4  cost-of-living increases after January 1, 1992; or
   17-5              (2)  100 percent of the former member's highest average
   17-6  annual compensation, including annual cost-of-living increases
   17-7  after separation from service.
   17-8        SECTION 14.  Section 844.008, Government Code, is amended by
   17-9  adding Subsections (l) and (m) to read as follows:
  17-10        (l)  The annual benefit payable by the retirement system that
  17-11  is otherwise limited by Subsection (d) may be increased each year
  17-12  in accordance with cost-of-living adjustments by the secretary of
  17-13  the treasury of the dollar limitation or the compensation
  17-14  limitation as long as it does not exceed the amount that would be
  17-15  payable without limitation of Section 415 of the Internal Revenue
  17-16  Code of 1986 (26 U.S.C. Section 415).
  17-17        (m)  The limitations provided by this section may not be
  17-18  applied to reduce the benefit of any person whose retirement
  17-19  benefits under this and all other defined benefit plans of the
  17-20  member's employer do not exceed $10,000, plus the benefit provided
  17-21  by Subsection (h), for the plan year or for any previous plan year
  17-22  and who has not at any time participated in a defined contribution
  17-23  plan maintained by the person's employer.
  17-24        SECTION 15.  Section 844.101, Government Code, is amended to
  17-25  read as follows:
  17-26        Sec. 844.101.  Application for Service Retirement Annuity.  A
  17-27  member may apply for a service retirement annuity by filing an
   18-1  application for retirement with the board of trustees not less than
   18-2  15 <30 nor more than 90> days before the member's effective
   18-3  retirement date <the member wishes to retire>.
   18-4        SECTION 16.  Section 844.104(c), Government Code, is amended
   18-5  to read as follows:
   18-6        (c)  An eligible person may select any of the following
   18-7  optional annuities, which are the actuarial equivalent of the
   18-8  annuity to which the person is entitled and <optional annuity
   18-9  approved by the board of trustees, the entire benefit of which is
  18-10  certified by the actuary as the actuarial equivalent of the annuity
  18-11  to which the person is entitled, or may select one of the following
  18-12  options,> which provide that:
  18-13              (1)  after the retiree's death, the reduced annuity is
  18-14  payable throughout the life of a person designated by the retiree;
  18-15              (2)  after the retiree's death, one-half of the reduced
  18-16  annuity is payable throughout the life of a person designated by
  18-17  the retiree;
  18-18              (3)  if the retiree dies before 60 monthly annuity
  18-19  payments have been made, the remainder of the 60 payments are
  18-20  payable to the retiree's beneficiary or, if one does not exist, to
  18-21  the retiree's estate; <or>
  18-22              (4)  if the retiree dies before 120 monthly annuity
  18-23  payments have been made, the remainder of the 120 payments are
  18-24  payable to the retiree's beneficiary or, if one does not exist, to
  18-25  the retiree's estate;
  18-26              (5)  after the retiree's death, one-fourth of the
  18-27  reduced annuity is payable throughout the life of a person
   19-1  designated by the retiree;
   19-2              (6)  after the retiree's death, three-fourths of the
   19-3  reduced annuity is payable throughout the life of a person
   19-4  designated by the retiree; or
   19-5              (7)  if the retiree dies before 180 monthly annuity
   19-6  payments have been made, the remainder of the 180 payments are
   19-7  payable to the retiree's beneficiary or, if one does not exist, to
   19-8  the retiree's estate.
   19-9        SECTION 17.  Subchapter B, Chapter 844, Government Code, is
  19-10  amended by adding Section 844.108 to read as follows:
  19-11        Sec. 844.108.  NO SURVIVING SPOUSE, EXECUTOR, OR
  19-12  ADMINISTRATOR.  (a)  If a surviving spouse, or the executor or
  19-13  administrator of a deceased member's estate, would be entitled to
  19-14  make an election under Section 842.110(f), 842.111(d), 844.105(c),
  19-15  844.106(c), 844.207(e), or 844.210(f), or if a surviving
  19-16  beneficiary would be entitled to make an election under Section
  19-17  844.209(b) because of the death of the member, the heirs of the
  19-18  deceased member may make that election if:
  19-19              (1)  no surviving spouse exists or, if Section
  19-20  844.209(b) is applicable, no surviving beneficiary exists;
  19-21              (2)  no petition for the appointment of a personal
  19-22  representative of the member is pending or has been granted;
  19-23              (3)  30 days have elapsed since the date of death of
  19-24  the member;
  19-25              (4)  the value of the entire assets of the member's
  19-26  estate, excluding homestead and exempt property, does not exceed
  19-27  $50,000;
   20-1              (5)  there are not more than three heirs; and
   20-2              (6)  on file with the retirement system is a certified
   20-3  copy of a small estates affidavit that has been approved and filed
   20-4  in accordance with Section 137 of the Texas Probate Code, or an
   20-5  original affidavit as described by Subsection (b).
   20-6        (b)  If no affidavit has been filed with the clerk of the
   20-7  court having jurisdiction and venue as provided by Section 137 of
   20-8  the Texas Probate Code, the retirement system may accept instead an
   20-9  affidavit sworn to by two disinterested witnesses and by those
  20-10  heirs who have legal capacity and, if the facts warrant, by the
  20-11  natural guardian or next of kin of any minor or incompetent who is
  20-12  also an heir.  The affidavit shall include the names and addresses
  20-13  of the heirs and witnesses, establish the facts listed in
  20-14  Subsection (a), include a list of the assets and liabilities of the
  20-15  estate, show the facts that constitute the basis for the right of
  20-16  the heirs to receive the estate, and show the fractional interests
  20-17  of the heirs in the estate as a result of those facts.
  20-18        (c)  If the retirement system, acting through the director or
  20-19  a person designated by the director, approves the affidavit, the
  20-20  heirs may make the election if each heir agrees to it.
  20-21        (d)  In this section "heirs" has the meaning assigned by
  20-22  Section 3, Texas Probate Code, except that the term excludes any
  20-23  person who has filed a proper disclaimer or renunciation with the
  20-24  retirement system.
  20-25        SECTION 18.  Section 844.209, Government Code, is amended by
  20-26  adding Subsection (f) to read as follows:
  20-27        (f)  If a member to whom Subsection (b) would be applicable
   21-1  designates the member's estate or more than one but not more than
   21-2  three persons to receive payment of the member's accumulated
   21-3  contributions if the member dies before becoming eligible to make a
   21-4  selection under Section 844.105, 844.106, 844.207, or 844.210, the
   21-5  executor or administrator of the estate or, if there is no executor
   21-6  or administrator, the surviving beneficiaries may by written notice
   21-7  filed with the board elect to receive, in lieu of the accumulated
   21-8  deposits, the optional benefit described by Section 844.104(c)(4).
   21-9  If the estate is not the beneficiary, the election may only be made
  21-10  if all of the beneficiaries agree in writing on the selection of
  21-11  the option.  If any surviving beneficiary dies before the first
  21-12  payment of an annuity allowed under this section, the annuity will
  21-13  be paid to those beneficiaries who are still surviving on the date
  21-14  of the first payment.
  21-15        SECTION 19.  Section 844.301(b), Government Code, is amended
  21-16  to read as follows:
  21-17        (b)  An application for a disability retirement annuity must
  21-18  be filed <may> not <be made> less than 15 <30 nor more than 90>
  21-19  days before the member's effective retirement date <the member
  21-20  wishes to retire>.
  21-21        SECTION 20.  Section 844.305(c), Government Code, is amended
  21-22  to read as follows:
  21-23        (c)  An eligible person may select any of the following
  21-24  optional annuities, which are the actuarial equivalent of the
  21-25  annuity to which the person is entitled and <optional annuity
  21-26  approved by the board of trustees, the entire benefit of which is
  21-27  certified by the actuary as the actuarial equivalent of the annuity
   22-1  to which the person is entitled, or may select one of the following
   22-2  options,> which provide that:
   22-3              (1)  after the retiree's death, the reduced annuity is
   22-4  payable throughout the life of a person designated by the retiree;
   22-5              (2)  after the retiree's death, one-half of the reduced
   22-6  annuity is payable throughout the life of a person designated by
   22-7  the retiree;
   22-8              (3)  if the retiree dies before 60 monthly annuity
   22-9  payments have been made, the remainder of the 60 payments are
  22-10  payable to the retiree's beneficiary or, if one does not exist, to
  22-11  the retiree's estate; <or>
  22-12              (4)  if the retiree dies before 120 monthly annuity
  22-13  payments have been made, the remainder of the 120 payments are
  22-14  payable to the retiree's beneficiary or, if one does not exist, to
  22-15  the retiree's estate;
  22-16              (5)  after the retiree's death, one-fourth of the
  22-17  reduced annuity is payable throughout the life of a person
  22-18  designated by the retiree;
  22-19              (6)  after the retiree's death, three-fourths of the
  22-20  reduced annuity is payable throughout the life of a person
  22-21  designated by the retiree; or
  22-22              (7)  if the retiree dies before 180 monthly annuity
  22-23  payments have been made, the remainder of the 180 payments are
  22-24  payable to the retiree's beneficiary or, if one does not exist, to
  22-25  the retiree's estate.
  22-26        SECTION 21.  Subchapter D, Chapter 844, Government Code, is
  22-27  amended by adding Section 844.310 to read as follows:
   23-1        Sec. 844.310.  REPORT OF EARNINGS OF DISABILITY RETIREE.  (a)
   23-2  The retirement system may require a disability retiree who is less
   23-3  than 60 years old to submit annually to the retirement system a
   23-4  report of earnings.  The retirement system shall examine each
   23-5  report and may require at any time that a disability retiree
   23-6  undergo a medical examination by one or more physicians the
   23-7  retirement system designates, if the retiree has reported earnings
   23-8  that the board of trustees considers to show an ability to engage
   23-9  in gainful employment.
  23-10        (b)  The board of trustees may adopt rules establishing
  23-11  limits on the annual earnings of disability retirees and such other
  23-12  rules as are necessary to administer this section.
  23-13        (c)  If a disability retiree refuses to submit an annual
  23-14  report of earnings, the retirement system shall discontinue the
  23-15  retiree's annuity payments until the retirement system receives
  23-16  that annual report and, if so requested, the retiree submits to a
  23-17  medical examination by one or more physicians designated by the
  23-18  retirement system.
  23-19        SECTION 22.  Subchapter E, Chapter 844, Government Code, is
  23-20  amended by adding Section 844.404 to read as follows:
  23-21        Sec. 844.404.  PERSON CAUSING DEATH OF MEMBER OR ANNUITANT.
  23-22  (a)  A benefit payable on the death of a member or annuitant may
  23-23  not be paid to a person convicted of causing that death but instead
  23-24  is payable to a person who would be entitled to the benefit had the
  23-25  convicted person predeceased the decedent.  If no person would be
  23-26  entitled to the benefit, the benefit is payable to the decedent's
  23-27  estate.
   24-1        (b)  The retirement system is not required to pay a benefit
   24-2  under Subsection (a) unless it receives actual notice of the
   24-3  conviction of the person who would have been entitled to the
   24-4  benefits.  However, the retirement system may delay payment of a
   24-5  benefit payable on the death of a member or annuitant pending the
   24-6  results of a criminal investigation and of legal proceedings
   24-7  relating to the cause of death.
   24-8        (c)  The retirement system shall convert the remainder of any
   24-9  annuity that would otherwise have been payable throughout the life
  24-10  of the convicted person to an actuarially equivalent annuity
  24-11  payable to the decedent's estate in 60 monthly annuity payments.
  24-12  The time of the actuarial equivalence is the earlier of the time
  24-13  the retirement system receives the notice of the conviction under
  24-14  Subsection (b) or the time the retirement system begins the delay
  24-15  in payment of a benefit under Subsection (b).
  24-16        (d)  For the purposes of this section, a person has been
  24-17  convicted of causing the death of a member or annuitant if the
  24-18  person:
  24-19              (1)  has pleaded guilty or nolo contendere to or has
  24-20  been found guilty by a court of an offense at the trial of which it
  24-21  is established that the person's intentional, knowing, or reckless
  24-22  act or omission resulted in the death of a person who was a member
  24-23  or annuitant, regardless of whether sentence is imposed or
  24-24  probated; and
  24-25              (2)  has no appeal of the conviction pending and the
  24-26  time provided for appeal has expired.
  24-27        SECTION 23.  Subchapter E, Chapter 844, Government Code, is
   25-1  amended by adding Section 844.405 to read as follows:
   25-2        Sec. 844.405.  TRUST AS BENEFICIARY.  (a)  Except as provided
   25-3  by Subsection (b), a member or retiree may designate a trust as
   25-4  beneficiary for the payment of benefits from the retirement system.
   25-5  If a trust is designated beneficiary, the beneficiary of the trust
   25-6  is considered the designated beneficiary for the purpose of
   25-7  determining eligibility for and the amount and duration of
   25-8  benefits.  The trustee is entitled to exercise any rights granted a
   25-9  designated beneficiary to elect benefit options and name subsequent
  25-10  beneficiaries.
  25-11        (b)  A trust having more than one beneficiary may not receive
  25-12  benefits to which multiple designated beneficiaries are not
  25-13  eligible under this chapter.
  25-14        SECTION 24.  Subchapter E, Chapter 844, Government Code, is
  25-15  amended by adding Section 844.406 to read as follows:
  25-16        Sec. 844.406.  SIMULTANEOUS DEATH OF MEMBER AND BENEFICIARY.
  25-17  When a member or retiree and the spouse or beneficiary of the
  25-18  member or retiree have died within a period of less than 120 hours
  25-19  of each other, the member or retiree is considered to have survived
  25-20  the spouse or beneficiary for the purpose of determining the rights
  25-21  to amounts payable under this subtitle on the death of the member
  25-22  or retiree.
  25-23        SECTION 25.  Section 844.502, Government Code, is amended to
  25-24  read as follows:
  25-25        Sec. 844.502.  Extended Supplemental Death Benefit Coverage.
  25-26  (a)  A member included in the coverage of the supplemental death
  25-27  benefit program who fails to earn compensation in a month for
   26-1  service to a subdivision participating in the supplemental death
   26-2  benefits fund is eligible to receive extended coverage in the
   26-3  program on complying with the terms of this section.
   26-4        (b)  A member is entitled to receive extended program
   26-5  coverage if the retirement system receives at its office:
   26-6              (1)  notification that, as a result of illness or
   26-7  injury, the member is unable to engage in gainful employment or is
   26-8  on leave of absence under the Family and Medical Leave Act of 1993
   26-9  (Pub. L. 103-3); and
  26-10              (2)  evidence that the member made a required
  26-11  contribution to the retirement system as an employee of a
  26-12  subdivision participating in the supplemental death benefits fund
  26-13  for the month immediately preceding the first full month in which
  26-14  the member was unable to engage in gainful employment <may apply to
  26-15  the retirement system for extended program coverage and submit
  26-16  evidence of eligibility for extended coverage>.
  26-17        (c)  The retirement system may request additional evidence as
  26-18  to illness or injury or of the required contribution as a condition
  26-19  to granting the coverage <The board of trustees shall grant
  26-20  extended coverage in the supplemental death benefit program to an
  26-21  applicant, if the board finds:>
  26-22              <(1)  that as a result of illness or injury, the member
  26-23  is unable to engage in gainful occupation; and>
  26-24              <(2)  that the member made a required contribution to
  26-25  the retirement system as an employee of a subdivision participating
  26-26  in the supplemental death benefits fund for the month immediately
  26-27  preceding the first full month in which the member was unable to
   27-1  engage in gainful occupation>.
   27-2        (d)  Once established, extended coverage of a person in the
   27-3  supplemental death benefit program continues until the last day of
   27-4  the month in which:
   27-5              (1)  the member returns to work as an employee of a
   27-6  participating subdivision;
   27-7              (2)  the <board of trustees finds that the> member
   27-8  becomes <is> able to engage in gainful employment <occupation>;
   27-9              (3)  the person's membership in the retirement system
  27-10  is terminated; <or>
  27-11              (4)  the member retires under this subtitle; or
  27-12              (5)  the member's leave of absence under the Family and
  27-13  Medical Leave Act of 1993 (Pub. L. 103-3) terminates.
  27-14        (e)  The director <board of trustees by rule> may require a
  27-15  member to submit to the retirement system <it> annual proof of
  27-16  continued inability to engage in gainful employment <occupation>.
  27-17  The director <board> may require a member to undergo a medical
  27-18  examination by a physician designated by the retirement system
  27-19  <board>.  Failure of a member to submit proof of inability to
  27-20  engage in gainful employment or to undergo a medical examination as
  27-21  required by this subsection is a ground for terminating the
  27-22  member's extended coverage under this section <the board's finding
  27-23  that the member has become able to engage in gainful occupation>.
  27-24        (f)  If a member included in the coverage of the supplemental
  27-25  death benefit program becomes eligible <to apply> for extended
  27-26  coverage but dies before meeting the requirements of Subsections
  27-27  (b) and (c) <fails to comply with Subsections (b) and (c) before
   28-1  the member's death>, the member will be considered to have had the
   28-2  extended coverage if proof is furnished that the member could have
   28-3  qualified for extended coverage but death occurred:
   28-4              (1)  before the requirements of Subsections (b) and (c)
   28-5  had been met; and
   28-6              (2)  <if application had been made according to
   28-7  Subsections (b) and (c) and that the death occurred> within six
   28-8  months after the date the coverage of the supplemental death
   28-9  benefit program was discontinued according to Section 844.501.
  28-10        SECTION 26.  Section 844.504, Government Code, is amended to
  28-11  read as follows:
  28-12        Sec. 844.504.  Retiree Supplemental Death Benefit.  If a
  28-13  retiree dies who has credited service that has not been canceled by
  28-14  a withdrawal of contributions and that results from employment
  28-15  <whose most recent employment as a member of the retirement system
  28-16  was> with a subdivision that has elected to provide, and continues
  28-17  to provide, postretirement supplemental death benefits, a lump-sum
  28-18  supplemental death benefit is payable from the fund in the amount
  28-19  of $2,500.  If a retiree dies who was employed <at the time of
  28-20  retirement> by more than one subdivision that has elected to
  28-21  provide, and continues to provide, postretirement supplemental
  28-22  death benefits, the financing of the lump-sum benefit shall be
  28-23  prorated among the employing subdivisions participating in the
  28-24  fund.  If a person dies while payment of a retirement annuity to
  28-25  that person is suspended as a result of Section 842.110, the
  28-26  supplemental death benefit under this section shall be paid if it
  28-27  would have been payable except for the suspension, unless a
   29-1  supplemental death benefit is payable under Section 844.503 as a
   29-2  result of the member's death.
   29-3        SECTION 27.  Sections 844.605(a) and (b), Government Code,
   29-4  are amended to read as follows:
   29-5        (a)  If the actuary determines that the obligations of a
   29-6  participating subdivision to the subdivision accumulation fund
   29-7  cannot be amortized within a period of 40 years <or that the
   29-8  subdivision would have an amortization period of more than 25 years
   29-9  if it adopted the optional benefit eligibility plan authorized by
  29-10  Section 844.207>, the governing body of the subdivision may by
  29-11  order or resolution provide additional contributions by adopting a
  29-12  supplemental contribution rate under this section to reduce the
  29-13  funding period <or finance the optional benefit eligibility plan>.
  29-14  A supplemental contribution rate adopted under this section also
  29-15  may be authorized by the governing body of a subdivision for the
  29-16  purpose of restoring the level of benefits in effect for that
  29-17  subdivision that existed on January 1, 1994.
  29-18        (b)  A supplemental contribution rate is the rate of
  29-19  contribution by a subdivision to its account in the subdivision
  29-20  accumulation fund, in addition to the contributions provided under
  29-21  Section 845.404(a)(2), that the actuary determines and certifies is
  29-22  required, together with the contributions provided under Section
  29-23  845.404(a)(2), to amortize the obligations of the subdivision to
  29-24  the subdivision accumulation fund within a period of 25 years.  A
  29-25  supplemental contribution rate may not exceed four <three> percent
  29-26  of covered payroll.
  29-27        SECTION 28.  Subchapter G, Chapter 844, Government Code, is
   30-1  amended by adding Section 844.608 to read as follows:
   30-2        Sec. 844.608.  REQUIRED DECREASE IN CONTRIBUTION RATE.  (a)
   30-3  Notwithstanding Sections 845.402(c) and (d), a subdivision's member
   30-4  contribution rate may be reduced to one, two, three, four, five, or
   30-5  six percent of the current service compensation of its employees,
   30-6  except that the rate of member contributions may be reduced to less
   30-7  than four percent only if the reduction is necessary under this
   30-8  section.
   30-9        (b)  If the actuary determines that, despite all required
  30-10  decreases described by Section 844.607, the obligations of a
  30-11  participating subdivision to the subdivision accumulation fund
  30-12  cannot be amortized within a period of 40 years, the retirement
  30-13  system shall reduce the rate of member contributions to such lower
  30-14  rate authorized by this section as, in the opinion of the actuary,
  30-15  is required for the obligations of the subdivision to the
  30-16  subdivision accumulation fund to be able to be amortized within a
  30-17  period of 40 years.  At the time the actuary determines that the
  30-18  rate of employee contributions no longer must be reduced for the
  30-19  obligations to be able to be amortized within 40 years, the
  30-20  retirement system shall reinstate the employee contribution rate to
  30-21  the rate that was in effect at the time of the reduction, unless
  30-22  the governing body of the subdivision has elected to change to some
  30-23  other rate authorized by Section 845.402.  Any change under this
  30-24  section shall be made on January 1 of the year following the
  30-25  applicable determination by the actuary.
  30-26        (c)  Notwithstanding Section 845.404(a), the contributions
  30-27  made by the subdivision shall be based on the rate of member
   31-1  contributions that was in effect before a required reduction in
   31-2  that rate under Subsection (b) and, if applicable, any supplemental
   31-3  contribution rate adopted by the subdivision under Section 844.605.
   31-4        SECTION 29.  Section 844.702, Government Code, is amended to
   31-5  read as follows:
   31-6        Sec. 844.702.  Member Contributions.  (a)  The governing body
   31-7  of the subdivision may designate the rate of member contributions
   31-8  for employees of the subdivision to take effect beginning on the
   31-9  effective date of adoption of the plan provisions of this
  31-10  subchapter.  The subdivision may elect a rate of four, five, six,
  31-11  or seven percent of the current service compensation of its
  31-12  employees.  The governing body of the subdivision may thereafter
  31-13  increase or decrease the contribution rate to take effect on the
  31-14  next January 1 after the date of adoption of the increase or
  31-15  decrease, notwithstanding the provisions of Sections 845.402(c) and
  31-16  (d).
  31-17        (b)  If necessary under Section 844.608(b) or 844.703(h), a
  31-18  subdivision's member contribution rate may be reduced to one, two,
  31-19  three, four, five, or six percent of the current service
  31-20  compensation of its employees.
  31-21        SECTION 30.  Section 844.703, Government Code, is amended by
  31-22  amending Subsections (c), (f), and (g) and adding Subsection (h) to
  31-23  read as follows:
  31-24        (c)  The combined rates of a subdivision's normal
  31-25  contributions and prior service contributions under this subchapter
  31-26  may not exceed the rate determined as the employee contribution
  31-27  rate plus three percent, except that the governing body of the
   32-1  subdivision may elect to increase the maximum combined rate to not
   32-2  more than the rate determined as the employee rate plus four
   32-3  percent, if necessary in order to maintain the current level of
   32-4  benefits or to restore the level of benefits in effect on January
   32-5  1, 1994.  A reduction of the member contribution rate for employees
   32-6  of the subdivision does not reduce the maximum rate of contribution
   32-7  of the subdivision.
   32-8        (f)  The governing body of the subdivision has 25 years
   32-9  beginning with the effective date of the plan provisions of this
  32-10  subchapter to amortize all unfunded obligations against the
  32-11  subdivision's account in the subdivision accumulation fund.  The
  32-12  adoption of any of the following benefit increases after the
  32-13  effective date of the plan provisions will result in a new
  32-14  amortization period of 25 years beginning with the effective date
  32-15  of the benefit increases:
  32-16              (1)  an increase in the percentage used in determining
  32-17  multiple matching credits under Section 844.704(a);
  32-18              (2)  an increase in the percentage used in determining
  32-19  allocated prior service credits under Section 844.704(b);
  32-20              (3)  the optional increase in retirement annuities
  32-21  under Section 844.208;
  32-22              (4)  the optional benefit for a surviving beneficiary
  32-23  of a member described by Section 844.209;
  32-24              (5)  the optional benefit eligibility plan described by
  32-25  Section 844.210;
  32-26              (6)  the optional benefit eligibility plan described by
  32-27  Section 844.211;
   33-1              (7)  the optional authorization of the reestablishment
   33-2  of credited service previously forfeited under Section 843.003; or
   33-3              (8)  the optional election to have credits recomputed
   33-4  on the basis of total compensation under Section 843.702.
   33-5        (g)  If the combined rates of the subdivision's normal
   33-6  contributions and prior service contributions under this subchapter
   33-7  exceed the maximum rate prescribed by Subsection (c) before the
   33-8  adjustment prescribed by Subsection (d), the actuary shall
   33-9  determine what lower percentage for determining multiple matching
  33-10  credits of future member contributions is necessary to make the
  33-11  combined rates of the subdivision not exceed the maximum rate
  33-12  prescribed by Subsection (c).  The actuary shall give written
  33-13  notice of the determination to the director, who shall give written
  33-14  notice to the governing body of the subdivision.  The lower
  33-15  percentage determined by the actuary and specified in the notice to
  33-16  the governing body becomes effective as to all members who perform
  33-17  current service for the affected subdivision on or after the first
  33-18  day of the first calendar year that begins after the date of the
  33-19  notice, unless before the effective date, the governing body of the
  33-20  subdivision adopts an order or resolution, approved by the board of
  33-21  trustees, authorizing a reduction in the percentage used in
  33-22  determining multiple matching credits in accordance with Section
  33-23  844.704(a) or authorizing a reduction in the rate of member
  33-24  contributions in accordance with Section 844.702, or authorizing
  33-25  both a reduction in the percentage used in determining multiple
  33-26  matching credits and a reduction in the rate of member
  33-27  contributions.
   34-1        (h)  If the combined rates of the subdivision's normal
   34-2  contributions and prior service contributions under this subchapter
   34-3  exceed the maximum rate prescribed by Subsection (c), and if all
   34-4  reductions under Subsection (g), in the opinion of the actuary,
   34-5  result in the combined rates of the subdivision remaining in excess
   34-6  of the maximum rate prescribed by Subsection (c), the retirement
   34-7  system shall reduce the rate of member contributions to a lower
   34-8  rate authorized by Section 844.702 that, in the opinion of the
   34-9  actuary, is required to produce a combined rate that does not
  34-10  exceed the rate prescribed by Subsection (c).  At the time the
  34-11  actuary determines that the rate of employee contributions that was
  34-12  in existence before a reduction under this subsection no longer
  34-13  would result in a combined rate in excess of the maximum rate
  34-14  prescribed by Subsection (c), the retirement system shall reinstate
  34-15  the employee contribution to the rate that was in effect at the
  34-16  time of the reduction, unless the governing body of the subdivision
  34-17  has elected to change to some other rate authorized by Section
  34-18  844.702(a).  Any change under this section shall be made on January
  34-19  1 of the year following the applicable determination by the
  34-20  actuary.  During the time that the member contribution rate is
  34-21  reduced, the combined rates of the subdivision's normal
  34-22  contributions and prior service contributions shall be equal to the
  34-23  maximum rate prescribed by Subsection 844.703(c).
  34-24        SECTION 31.  Section 845.113(a), Government Code, is amended
  34-25  to read as follows:
  34-26        (a)  The board of trustees shall maintain the offices of the
  34-27  retirement system in Austin and may, but is not required to:
   35-1              (1)  cause the system to own real estate on or in which
   35-2  those offices are located;
   35-3              (2)  contract for and construct a building or buildings
   35-4  to house those offices, along with related structures such as
   35-5  parking garages;
   35-6              (3)  lease office space from others;
   35-7              (4)  lease space in its offices, or in a building that
   35-8  previously has been its offices, to other persons or entities;
   35-9              (5)  maintain, modify, or construct improvements on any
  35-10  real estate, whether for the retirement system or a tenant; or
  35-11              (6)  sell real estate that previously has been the
  35-12  retirement system's offices <contract for and construct a building
  35-13  to house those offices>.
  35-14        SECTION 32.  Section 845.202(b), Government Code, is amended
  35-15  to read as follows:
  35-16        (b)  The director shall<:>
  35-17              <(1)>  manage and administer the retirement system
  35-18  under the supervision and direction of the board<; and>
  35-19              <(2)  invest the assets of the system>.
  35-20        SECTION 33.  Section 845.301, Government Code, is amended to
  35-21  read as follows:
  35-22        Sec. 845.301.  Investment of Assets.  (a)  The board of
  35-23  trustees shall invest and reinvest the assets of the retirement
  35-24  system without distinction as to their source in:
  35-25              (1)  interest-bearing bonds or other evidences of
  35-26  indebtedness of this state, a county, school district, city, or
  35-27  other municipal corporation of this state, the United States, or an
   36-1  authority or an agency of the United States;
   36-2              (2)  securities for which the United States or any
   36-3  authority or agency of the United States guarantees the payment of
   36-4  principal and interest;
   36-5              (3)  interest-bearing bonds, notes, or other evidences
   36-6  of indebtedness that are issued by a company:
   36-7                    (A)  incorporated in the United States and that
   36-8  are rated "A" or better by one or more nationally recognized rating
   36-9  agencies approved by the board; or
  36-10                    (B)  in whose stock the retirement system may
  36-11  invest as provided by Subdivision (4);
  36-12              (4)  common or preferred stocks of a company
  36-13  incorporated in the United States that <has paid cash dividends on
  36-14  its common stock for 10 consecutive years immediately before the
  36-15  date of purchase and>, unless the stocks are bank or insurance
  36-16  stocks, <that> is listed on an exchange registered with the
  36-17  Securities and Exchange Commission or its successor;
  36-18              (5)  obligations issued, assumed, or guaranteed by the
  36-19  Inter-American Development Bank, the International Bank for
  36-20  Reconstruction and Development (the World Bank), the African
  36-21  Development Bank, the Asian Development Bank, and the International
  36-22  Finance Corporation; <or>
  36-23              (6)  real estate mortgage investment conduit securities
  36-24  (REMICs) or other participation certificates issued by the Federal
  36-25  National Mortgage Corporation or by the Federal Home Loan Mortgage
  36-26  Corporation, evidencing an undivided beneficial interest in pools
  36-27  of real estate mortgage notes that are guaranteed as to payment of
   37-1  principal and interest by the issuer, or by any agency, authority,
   37-2  or instrumentality of the United States, and that are to be held in
   37-3  trust by the issuer for the benefit of the certificate holder;
   37-4  or<.>
   37-5              (7) <(6)>  bonds issued, assumed, or guaranteed by the
   37-6  state of Israel.
   37-7        (b)  The board of trustees shall exercise control of the
   37-8  investment operations by employing an investment officer, who shall
   37-9  supervise the investment operations for the board of trustees.
  37-10        (c)  The board of trustees, acting on the recommendations of
  37-11  the investment officer, may contract with private professional
  37-12  investment managers to assist in investing the assets of the
  37-13  retirement system.
  37-14        (d)  The board of trustees shall employ one or more
  37-15  performance measurement services to evaluate and analyze the
  37-16  investment results of those assets of the retirement system for
  37-17  which reliable and appropriate measurement methodology and
  37-18  procedures exist.  Each service shall compare investment results
  37-19  with the written investment objectives developed by the board of
  37-20  trustees and shall also compare the investment of assets being
  37-21  evaluated and analyzed with the investment of other public funds.
  37-22        (e)  The assets of the retirement system may be held in the
  37-23  name of agents, nominees, depository trust companies, or other
  37-24  entities designated by the board of trustees.  The records and all
  37-25  relevant reports or accounts of the retirement system must show the
  37-26  ownership interests of the retirement system in these assets and
  37-27  the facts regarding the system's holdings.
   38-1        SECTION 34.  Section 845.302, Government Code, is amended to
   38-2  read as follows:
   38-3        Sec. 845.302.  CUSTODY AND INVESTMENT OF ASSETS PENDING
   38-4  TRANSACTIONS <RESTRICTIONS ON INVESTMENTS>.  The board of trustees,
   38-5  in the exercise of its discretion to manage the assets of the
   38-6  retirement system, may select one or more commercial banks,
   38-7  depository trust companies, or other entities to serve as custodian
   38-8  or custodians of the system's cash or securities pending completion
   38-9  of an investment transaction and may authorize the custodian to
  38-10  invest the cash so held in such short-term securities as the board
  38-11  of trustees determines.  <(a)  The board of trustees may not invest
  38-12  more than 20 percent of the retirement system's total assets in
  38-13  preferred and common stocks of corporations.>
  38-14        <(b)  The board may not invest more than one percent of the
  38-15  total assets of the system in the stock of one corporation.>
  38-16        <(c)  The system may not own more than five percent of the
  38-17  voting stock of one corporation.>
  38-18        SECTION 35.  Section 845.303, Government Code, is amended to
  38-19  read as follows:
  38-20        Sec. 845.303.  SECURITIES LENDING <DUTY OF CARE>.  (a)  The
  38-21  board of trustees, in the exercise of its discretion to manage the
  38-22  assets of the retirement system, may select one or more commercial
  38-23  banks, depository trust companies, or other entities to serve as
  38-24  custodian or custodians of the system's securities and to lend the
  38-25  securities under rules adopted by the board of trustees and as
  38-26  required by this section.
  38-27        (b)  To be eligible to lend securities under this section, a
   39-1  bank or brokerage firm must:
   39-2              (1)  be experienced in the operations of a fully
   39-3  secured securities lending program;
   39-4              (2)  maintain capital adequate in the prudent judgment
   39-5  of the retirement system to assure the safety of the securities;
   39-6              (3)  execute an indemnification agreement satisfactory
   39-7  in form and content to the retirement system fully indemnifying the
   39-8  retirement system against loss resulting from its operation of a
   39-9  securities lending program for the system's securities; and
  39-10              (4)  require any securities broker or dealer to whom it
  39-11  lends securities belonging to the retirement system to deliver to
  39-12  and maintain with the custodian collateral in the form of cash or
  39-13  United States government securities, the market value of which must
  39-14  equal not less than 100 percent of the market value, from time to
  39-15  time, of the loaned securities.  <In making investments for the
  39-16  retirement system, the board of trustees shall exercise the
  39-17  judgment and care, under the circumstances, that persons of
  39-18  prudence, discretion, and intelligence exercise in the management
  39-19  of their own affairs, considering the probable income from the
  39-20  securities and probable safety of their capital.>
  39-21        SECTION 36.  Section 845.310(e), Government Code, is amended
  39-22  to read as follows:
  39-23        (e)  If the board of trustees determines that the amount
  39-24  credited to the distributive benefit account on December 31 of any
  39-25  year is sufficient to do so, the board by resolution may:
  39-26              (1)  authorize the distribution to the subdivision
  39-27  accumulation fund of all or part of the amount that is credited to
   40-1  the account and that is equal to the amount in the subdivision
   40-2  accumulation fund on January 1 of the year multiplied by:
   40-3                    (A)  two percent or more when the current
   40-4  interest rate is equal to the rate prescribed by Section
   40-5  845.314(a); or
   40-6                    (B)  two percent when the current interest rate
   40-7  is less than the rate prescribed by Section 845.314(a);
   40-8              (2)  authorize the distribution and payment of all or
   40-9  part of the money credited to the account to persons who were
  40-10  annuitants on that day in the ratio that <of the rate of> the
  40-11  monthly benefit of each annuitant would bear if not reduced under
  40-12  Section 844.008 to the total of all annuity payments that would
  40-13  have been made by the system, if not reduced under Section 844.008,
  40-14  for the final month of the year; or
  40-15              (3)  authorize the distribution of all or part of the
  40-16  amount credited to the account to:
  40-17                    (A)  each member's individual account in the
  40-18  employees saving fund as supplemental interest in the ratio of the
  40-19  amount of current interest paid on the individual's account to the
  40-20  current interest paid to all individual accounts for the year; and
  40-21                    (B)  each participating subdivision's account in
  40-22  the subdivision accumulation fund as supplemental interest in the
  40-23  ratio of the current interest allowed on the account of the
  40-24  subdivision to the total current interest paid to all subdivisions'
  40-25  accounts for the year.
  40-26        SECTION 37.  Section 845.314(c), Government Code, is amended
  40-27  to read as follows:
   41-1        (c)  The current interest rate is the lesser of:
   41-2              (1)  the interest rate prescribed by Subsection (a); or
   41-3              (2)  the interest rate computed by:
   41-4                    (A)  adding the mean amounts in the current
   41-5  service annuity reserve fund and the supplemental death benefits
   41-6  fund during the year and multiplying the sum by the rate prescribed
   41-7  by Subsection (a);
   41-8                    (B)  multiplying the amount in the subdivision
   41-9  accumulation fund on January 1 of the year by two percent;
  41-10                    (C)  subtracting the sum of the amount computed
  41-11  under Paragraphs (A) and (B), plus an amount equal to the sum of
  41-12  all interest credited during the year to the employees saving fund
  41-13  accounts of members as provided by Section 844.007(b) and to the
  41-14  subdivision accumulation fund as provided by Section 844.007(c),
  41-15  plus an amount equal to the amount to be transferred to the expense
  41-16  fund for administrative expenditures of the retirement system for
  41-17  the following year, from an amount equal to the amount in the
  41-18  interest fund on December 31 of the year, before transfers of
  41-19  interest to other funds are made;
  41-20                    (D)  adding an amount equal to the amount in the
  41-21  endowment fund on January 1 of the year, an amount equal to the
  41-22  amount in the subdivision accumulation fund on January 1 of the
  41-23  year, and an amount equal to the sum of the accumulated deposits in
  41-24  the employees saving fund on January 1 of the year of all persons
  41-25  who are members on December 31 of the year, before any transfers
  41-26  for retirements effective December 31 are made; and
  41-27                    (E)  dividing the amount computed under Paragraph
   42-1  (C) by the amount computed under Paragraph (D) and expressing the
   42-2  result to the nearest one-tenth of one percent.
   42-3        SECTION 38.  Subchapter F, Chapter 845, Government Code, is
   42-4  amended by adding Section 845.504 to read as follows:
   42-5        Sec. 845.504.  REPORTS CONCERNING TAXABLE INCOME.  At times
   42-6  the retirement system considers necessary for the purpose of
   42-7  computing limitations on payment of benefits under Section 844.008,
   42-8  each subdivision shall certify to the retirement system in a manner
   42-9  prescribed by the board the amount of income subject to federal
  42-10  income tax that the subdivision paid to each of its employees for
  42-11  the calendar year or other period of time for which the retirement
  42-12  system requests that information.
  42-13        SECTION 39.  This Act takes effect September 1, 1995, except
  42-14  Sections 33, 34, 35, and this section, which take effect
  42-15  immediately.
  42-16        SECTION 40.  The importance of this legislation and the
  42-17  crowded condition of the calendars in both houses create an
  42-18  emergency and an imperative public necessity that the
  42-19  constitutional rule requiring bills to be read on three several
  42-20  days in each house be suspended, and this rule is hereby suspended,
  42-21  and that this Act take effect and be in force according to its
  42-22  terms, and it is so enacted.