By Rangel                                             H.B. No. 2312
       74R7243 GCH-D
                                 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 Teacher Retirement System of
    1-4  Texas.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subchapter B, Chapter 824, Government Code, is
    1-7  amended by adding Section 824.107 to read as follows:
    1-8        Sec. 824.107.  REVOCATION OF BENEFICIARY BY DIVORCE DECREE.
    1-9  (a)  In this section, "divorce decree" means a judgment, decree,
   1-10  order, or qualified domestic relations order, including a document
   1-11  approving a property settlement agreement, that is issued by a
   1-12  court under a domestic relations law of this or another state in
   1-13  conjunction with the dissolution of a marriage and that relates to
   1-14  the marital property rights of a retiree and that person's former
   1-15  spouse.
   1-16        (b)  If the retirement system receives a certified copy of a
   1-17  divorce decree that purports to revoke or order the revocation of a
   1-18  designation by a retiree of a beneficiary under this subchapter,
   1-19  accompanied by a written directive from a retiree requesting the
   1-20  change, the retirement system shall change its records in
   1-21  accordance with the 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 824.204(c)(1)
    2-1  or (c)(2), the retiree may select a standard retirement annuity or
    2-2  another beneficiary for the optional retirement annuity  selected
    2-3  at the time of retirement.  If the retirement system receives from
    2-4  a retiree who retired under an optional retirement annuity a
    2-5  written directive and certified decree described by this section
    2-6  that revokes a beneficiary designation but does not designate a
    2-7  substitute beneficiary, the retiree is considered to have selected
    2-8  a standard retirement annuity, and the retirement system shall
    2-9  recompute the annuity of the retiree as a standard annuity.  If the
   2-10  retiree later designates another beneficiary by written directive
   2-11  filed with the retirement system, the retirement system shall
   2-12  recompute and reinstate the optional annuity giving effect to the
   2-13  new beneficiary designation prospectively only.  A retiree may make
   2-14  a change of beneficiary under this subsection only to a spouse and
   2-15  only once during the retiree's lifetime.
   2-16        (d)  The retirement system shall recompute the annuity of a
   2-17  retiree who makes a selection under Subsection (c) to reflect that
   2-18  selection and shall adjust the annuity as appropriate for early
   2-19  retirement and postretirement increases provided after the date of
   2-20  the retiree's retirement.  The retirement system by rule shall
   2-21  provide for the recovery of the actuarial value, if any, of the
   2-22  difference between payments under the original and recomputed
   2-23  annuities by adjusting the recomputed annuity to equal the
   2-24  actuarial present value of the original retirement annuity as of
   2-25  the date the retirement system received the directive to change the
   2-26  beneficiary.
   2-27        (e)  Payment of a recomputed annuity begins with payment for
    3-1  the month after the month in which the retirement system receives
    3-2  the actuarial recomputation.
    3-3        (f)  The retirement system shall determine whether a divorce
    3-4  decree purporting to revoke a beneficiary designation under this
    3-5  section clearly revokes or permits the revocation of a beneficiary
    3-6  designation.  The retirement system may decline to implement a
    3-7  beneficiary change if it determines that the decree fails to
    3-8  specify clearly that a beneficiary change is within the scope of
    3-9  the decree.  The court that issued the decree or that would
   3-10  otherwise have jurisdiction over the matter has jurisdiction to
   3-11  amend the decree to clarify the scope of the decree, even if all
   3-12  other matters relating to the action or proceeding have been fully
   3-13  and finally adjudicated.
   3-14        (g)  A determination by the retirement system under this
   3-15  section may be appealed only to a district court of Travis County.
   3-16  The retirement system, the board of trustees, and officers and
   3-17  employees of the retirement system are not liable to any person for
   3-18  making or failing to make a beneficiary designation change pursuant
   3-19  to a decree submitted under this section.
   3-20        (h)  The board of trustees may adopt rules it considers
   3-21  necessary to implement this section.
   3-22        SECTION 2.  If the Teacher Retirement System of Texas
   3-23  receives a certified copy of a divorce decree that was entered
   3-24  before the effective date of this Act and that purports to revoke
   3-25  or order the revocation of a designation of a beneficiary by a
   3-26  retiree of the retirement system, on receipt of a written directive
   3-27  from the retiree, the retirement system shall change its records
    4-1  and, as appropriate, begin payments of any recomputed annuity, as
    4-2  provided by Section 824.107, Government Code, as added by this Act,
    4-3  as if the decree were entered after the effective date of this Act.
    4-4        SECTION 3.  The importance of this legislation and the
    4-5  crowded condition of the calendars in both houses create an
    4-6  emergency and an imperative public necessity that the
    4-7  constitutional rule requiring bills to be read on three several
    4-8  days in each house be suspended, and this rule is hereby suspended,
    4-9  and that this Act take effect and be in force from and after its
   4-10  passage, and it is so enacted.