By Johnson                                            H.B. No. 2871
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the administration of, benefits payable by, eligibility
    1-3  for benefits payable by, and credit under programs administered by,
    1-4  the Teacher Retirement System of Texas and including transfer of
    1-5  service issues between the Teacher Retirement System and the
    1-6  Employees Retirement System.
    1-7        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-8        SECTION 1.  Section 823.002, Government Code, is amended to
    1-9  read as follows:
   1-10        Sec. 823.002.  Service Creditable in a Year.  The board of
   1-11  trustees by rule shall determine how much service in any year is
   1-12  equivalent to one year of service credit, but in no case may all of
   1-13  a person's service in one year be creditable as more than one year
   1-14  of service.  Service credited by the system for five or more years
   1-15  on annual statements will not be deleted or corrected even if an
   1-16  error was made in crediting.  This provision for not deleting or
   1-17  correcting shall not apply in cases when fraud is involved or where
   1-18  3 years or more of service credit is involved.
   1-19        SECTION 2.  A new section 823.004 and 823.005, Government
   1-20  Code, shall be added to read as follows:
   1-21        Sec. 823.004.  Credit for Service.  All credit for military
   1-22  service, out-of-state service, development leave, waiver service,
   1-23  and transfer service to the retirement system under Chapter 805
    2-1  shall be figured on a September 1- August 31 school year.  Payment
    2-2  for any service referenced above shall be made by the date of
    2-3  retirement or end of the month in which the retirement application
    2-4  is submitted whichever date is later.
    2-5        Sec. 823.005.  Rollover Distributions.  A member who is
    2-6  entitled to purchase service credit may purchase such service
    2-7  credit with a direct rollover of an eligible rollover distribution
    2-8  from another qualified plan.  The payment will be treated as a
    2-9  pre-tax contribution to the retirement system.  A rollover will be
   2-10  accepted and applied to the purchase of service credit only if:
   2-11              (1)  the member in writing requests such application;
   2-12              (2)  the rollover is transmitted directly from the
   2-13  distributing plan by a check made payable to Teacher Retirement
   2-14  System in an amount no greater than the amount required to be paid
   2-15  for the service credit the member is entitled to purchase; and
   2-16              (3)  the rollover is transmitted by a cover letter or
   2-17  memorandum from the plan administrator, or other person responsible
   2-18  for the other plan, certifying that the distribution is an eligible
   2-19  rollover distribution from a qualified plan.
   2-20        SECTION 3.  Sub-sections (d), (e), and (h) of Section
   2-21  823.401, Government Code, are amended to read as follows:
   2-22        Sec. 823.401.  Out-of-State Service.  (d)  A member may
   2-23  establish credit under this section by depositing with the
   2-24  retirement system for each year of service claimed a contribution
   2-25  computed at the rate of:
    3-1              (1)  12 percent of the member's annual compensation
    3-2  during the first year of creditable service as a member of the
    3-3  retirement system that is both after the service for which credit
    3-4  is sought and after September 1, 1956; or
    3-5              (2)  12 percent of the member's annual compensation
    3-6  during the most recent year of creditable service as a member that
    3-7  is after the service for which credit is sought, if the member has
    3-8  performed no service in Texas since September 1.  1956.
    3-9              (3)  For purposes of sub-section (d) if a member did
   3-10  not work full-time, worked less than 100% of the time, or worked
   3-11  fewer months or days than persons in similar positions who were
   3-12  working 100% of the time, TRS will compute the annual compensation
   3-13  rate based on the reported amount.  The cost for the out-of-state
   3-14  service will be computed using the full computed rate of annual
   3-15  compensation, not the amount actually reported.
   3-16        (e)  In addition to the contribution required by Subsection
   3-17  (d), a member claiming credit under this section must pay a fee of
   3-18  eight percent, compounded annually, of the required contribution
   3-19  from the date when the member has at least ten years of service
   3-20  credit in the retirement system for actual service in public
   3-21  schools <of first eligibility> to the date of deposit.  A deposit for
   3-22  at least one year of credit, including the fee, must be made with
   3-23  an initial application for credit, and all payments for service
   3-24  claimed under this section must be made before retirement or the
   3-25  end of the month in which the retirement application is submitted
    4-1  whichever date is later.
    4-2        (h)  A member purchasing out-of-state service credit does not
    4-3  qualify for insurance coverage with the Texas Public School Retired
    4-4  Employees Group Insurance Program until the member has 10 years or
    4-5  more years of membership service credit for actual service in
    4-6  public schools.
    4-7        SECTION 4.  Subsection (a) and (b), Section 824.002,
    4-8  Government Code, are amended and new Subsections (e) and (f) are
    4-9  added to read as follows:
   4-10        Sec. 824.002.  Effective Date of Retirement.  (a)  The
   4-11  effective date of a member's service retirement is the last day of
   4-12  the later of the following months:
   4-13              (1)  any of the months in a six month period in which
   4-14  the sixth month is the month in which the member applies for
   4-15  retirement as provided by Section 824.201; or
   4-16              (2)  the month in which the member satisfies age and
   4-17  service requirements for service retirement as provided by Section
   4-18  824.202; or
   4-19              (3)  the month in which the member's employment in a
   4-20  position included in the coverage of the retirement system ends.
   4-21        (b)  The effective date of member's disability retirement is
   4-22  the last day of the later of the following months:
   4-23              (1)  any of the months in a six month period in which
   4-24  the sixth month is the month in which the member applies for
   4-25  retirement as provided by Section 824.301;
    5-1              (2)  the month in which the member's employment in a
    5-2  position included in the coverage of the retirement system ends.
    5-3        (e)  By the date of retirement or the end of the month in
    5-4  which the application for retirement is submitted whichever is
    5-5  later, the member applying for service retirement may reinstate
    5-6  withdrawn contributions, make deposits for service previously
    5-7  waived, military service, and equivalent membership service and
    5-8  receive service credit as provided by this subtitle.
    5-9        (f)  The effective retirement date may not be changed once it
   5-10  is established except by revocation of retirement under Section
   5-11  824.005 and retirement at a later date.
   5-12        SECTION 5.  Section 824.003, Government Code is amended to
   5-13  read as follows:
   5-14        Sec. 824.003.  When Benefits are Payable.  Except as
   5-15  otherwise provided by this chapter, an annuity provided by this
   5-16  chapter is <not> payable for the month in which the person who
   5-17  receives the annuity dies.  Monthly annuity payments are generally
   5-18  due to be paid on the first working day of each month following the
   5-19  month for which the payment is due the annuitant.
   5-20        SECTION 6.  Sub-section (a) of Section 824.005, Government
   5-21  Code is amended to read as follows:
   5-22        Sec. 824.005.  Revocation of Retirement.  (a)  A person who
   5-23  has retired under the retirement system may revoke that retirement
   5-24  by filing with the system a written revocation in a form prescribed
   5-25  by the system.  For a revocation to be effective, the retirement
    6-1  system must receive the written revocation before the date on which
    6-2  the retirement system makes the first annuity payment.  After the
    6-3  first payment has been made by the retirement system, a retiree may
    6-4  not revoke the retirement <46th day after the original date of
    6-5  retirement, and person must return to the system an amount equal to
    6-6  the amount of benefits received under the original retirement.  The
    6-7  period for revocation of a disability retirement under this
    6-8  subsection begins on the date the medical board certifies the
    6-9  disability if the date is later than the date of retirement>.  For
   6-10  purposes of this subsection "makes the first annuity payment" means
   6-11  the later of the due date or the day the first check is placed in
   6-12  the mail or the first money due is sent by electronic fund
   6-13  transfer.
   6-14        SECTION 7.  Sub-section (b) of Section 824.201, Government
   6-15  Code, is amended to read as follows:
   6-16        Sec. 824.201.  Application for Service Retirement Benefits.
   6-17  (b)  At any time before the retirement system makes the first
   6-18  annuity payment <effective date of retirement>, a member may, by
   6-19  filing written notice with the board of trustees, revoke the
   6-20  member's application for retirement or make, revoke, or change a
   6-21  selection of an optional service retirement annuity as provided by
   6-22  Section 824.204.
   6-23        SECTION 8.  Sub-section (a) of Section 824.304, Government
   6-24  Code, is amended and a new Sub-section (d) is added to read as
   6-25  follows:
    7-1        Sec. 824.304.  Disability Retirement Benefits.  (a)  If a
    7-2  member has a total of less than 10 years of service credit in the
    7-3  retirement system on the date of disability retirement, the
    7-4  retirement system shall pay the person a disability retirement of
    7-5  $150 <$50> a month for the shortest of the following periods:
    7-6              (1)  the duration of the disability;
    7-7              (2)  the number of months of creditable service the
    7-8  person has at retirement; or
    7-9              (3)  the duration of the person's life.
   7-10        (b)  If a member has a total of at least 10 years of service
   7-11  credit in the retirement system on the date of disability
   7-12  retirement, the retirement system shall pay the person for the
   7-13  duration of the disability a disability retirement annuity in an
   7-14  amount equal to the greater of:
   7-15              (1)  a standard service retirement annuity computed
   7-16  under Section 824.203(a); or
   7-17              (2)  $6.50 a month for each year of service on the date
   7-18  of retirement; or
   7-19              (3)  $150 a month.
   7-20        (d)  Sub-section (a) and (b) shall become effective September
   7-21  1, 1995 and shall apply for future payments to all who are retired
   7-22  under Sub-section (a) as well as those who may retire in the
   7-23  future.  No additional payments shall be due for any months
   7-24  previous to September 1, 1995.
   7-25        SECTION 9.  Sub-sections 824.402 (a) (1) and (a) (2) are
    8-1  amended to read as follows:
    8-2        Sec. 824.402.  Benefits on Death of Active Member.
    8-3  (a) (1)  an amount equal to twice the member's annual compensation
    8-4  for the school year immediately preceding the school year in which
    8-5  the member dies, or $80,000 <$60,000>, whichever is less;
    8-6              (2)  an amount equal to twice the member's rate of
    8-7  annual compensation for the school year in which the member dies,
    8-8  or $80,000 <$60,000>, whichever is less;
    8-9        SECTION 10.  Section 824.505, Government Code, is amended to
   8-10  read as follows:
   8-11        Sec. 824.505.  Other Amount Payable on Death of Retiree or
   8-12  Member.  (a)  For purposes of monthly annuity payments to retirees
   8-13  and beneficiaries, a person who lives any part of a day in a month
   8-14  shall be considered to live throughout the entire month.  A
   8-15  continuation of an option payment or the payment of death and
   8-16  survivor benefit annuities shall begin with the month following the
   8-17  date of death.
   8-18        (b)  For purposes of monthly benefit payments for members who
   8-19  die prior to retirement, the effective date for death and survivor
   8-20  benefit annuities is the last day of the month preceding the month
   8-21  in which the death of the member occurs, with the first payment due
   8-22  at the end of the month in which the death occurs.
   8-23        (c)  The retirement system may send a final monthly payment
   8-24  to the bank or address previously indicated by the annuitant or
   8-25  beneficiary.
    9-1        (d) <(a)>  Amounts payable by the retirement system to an
    9-2  annuitant that are not received by that annuitant or the
    9-3  annuitant's bank, as determined by the retirement system, before
    9-4  the annuitant's death may be paid to the person named to receive
    9-5  benefits in the event of the annuitant's death, in accordance with
    9-6  rules adopted by the board of trustees.
    9-7        (e) <(b)>  The board of trustees may adopt rules necessary to
    9-8  administer this section.
    9-9        SECTION 11.  Sub-section 824.602 (a) (1), Government Code is
   9-10  amended to read as follows:
   9-11        Sec. 824.602.  Exceptions.  (a)  The retirement system may
   9-12  not, under Section 824.601, withhold a monthly benefit payment if
   9-13  the retiree is employed in a Texas public educational institution:
   9-14              (1)  as a substitute only with pay not more than the
   9-15  daily rate of substitute pay established by the employer<,>.  For a
   9-16  disability retiree only <if> the employment may <has> not exceed<ed>
   9-17  total of <120 days in the school year or, for a disability retiree>
   9-18  90 days in the school year.
   9-19        SECTION 12.  Section 825.403(b), Government Code is amended
   9-20  and a new sub-section (j) is added to Section 825.403, Government
   9-21  Code, to read as follows:
   9-22        Sec. 825.403.  Collection of Member's Contributions.
   9-23  (b)  Each Employer or the employer's designated disbursing officer,
   9-24  at a time and in a form prescribed by the retirement system, shall
   9-25  send to the executive director all deductions and a certification
   10-1  of earnings of each member employed by the employer.  The employer
   10-2  shall use electronic fund transfer or shall certify to the
   10-3  retirement system that the employer is unable to establish a
   10-4  qualifying account at a financial institution or that payment by
   10-5  electronic fund transfer would be impractical and/or more costly
   10-6  than payment by paper check.
   10-7        (j)  If deductions were previously required, but not paid
   10-8  proof of service must be made before any credit will be given or
   10-9  payment required.  Proof of service is sufficient if the employer
  10-10  submits documentation that the employer has records made at or near
  10-11  the time of service which demonstrates amount of time worked and
  10-12  salary earned.  In lieu of employer documentation, the member may
  10-13  submit Internal Revenue records, Social Security records, bank
  10-14  records, or other written records made at or near the time of the
  10-15  service which demonstrate time worked and salary earned.
  10-16  Affidavits based solely on memory and no written records made at or
  10-17  near the time of the service are not sufficient documentation.  The
  10-18  retirement system has the authority to audit records as needed.
  10-19        SECTION 13.  Sub-section 822.003 (a) and (c), Government Code
  10-20  are amended to read as follows:
  10-21        Sec. 822.003.  Termination of Membership.  (a)  A person
  10-22  terminates membership in the retirement system by:
  10-23              (1)  death;
  10-24              (2)  retirement;
  10-25              (3)  withdrawal of all the person's contributions while
   11-1  the person is absent from service; or
   11-2              (4)  as of September 1 following an absence from
   11-3  service for more than five consecutive creditable years. <within a
   11-4  six-year period.>
   11-5        (c)  A person is not absent from service if the person:
   11-6              (1)  is performing military service creditable in the
   11-7  retirement system; or
   11-8              (2)  is on leave of absence from employment in a public
   11-9  school; or
  11-10              (3)  is earning service credit in another retirement
  11-11  system covered under Chapter 803 or 805 of the Government Code.
  11-12        SECTION 14.  Section 825.503, Government Code, is amended to
  11-13  read as follows:
  11-14        Sec. 825.503.  Reproduction and Preservation of Records.
  11-15  (a)  The retirement system may photograph, microphotograph, <or>
  11-16  film, or use electronic storage for all records pertaining to a
  11-17  member's individual file, accounting records, district report
  11-18  records, and investment records.  Further the retirement system may
  11-19  receive any record or report on paper, film, or in an electronic
  11-20  storage form.
  11-21        (b)  if a record is reproduced under Subsection (a), the
  11-22  retirement system may destroy or dispose of the original record if
  11-23  the system first:
  11-24              (1)  places the reproduction or electronic record in a
  11-25  file that may be conveniently accessed by TRS personnel <accessible
   12-1  files>; and
   12-2              (2)  provides for the preservation, examination, and
   12-3  use of the reproduction or stored electronic record.
   12-4        (c)  A photograph, microphotograph, <or> film, or electronic
   12-5  record of a record received or reproduced under Subsection (a) is
   12-6  equivalent to the original record for all purposes, including
   12-7  introduction as evidence in all courts and administrative agency
   12-8  proceedings.  A duly certified or authenticated copy of such a
   12-9  photograph, microphotograph, <or> film, or electronic record is
  12-10  admissible as evidence equally with the original photograph,
  12-11  microphotograph, <or> film, or electronic record.
  12-12        (d)  The executive director or an authorized representative
  12-13  may certify the authenticity of a photograph, microphotograph, <or>
  12-14  film, or electronic record of a record reproduced under this
  12-15  section and shall charge a fee for the certified photograph,
  12-16  microphotograph, <or> film, or electronic record as provided by law.
  12-17        (e)  Certified records shall be furnished to any person who
  12-18  is authorized by law to receive them.
  12-19        (f)  "Electronic storage" means the maintenance of record
  12-20  data in the form of digital electronic signals on a computer hard
  12-21  disk, magnetic tape, optical disk, or similar machine-readable
  12-22  medium.
  12-23        (g)  "Electronic record" means any information that is
  12-24  recorded in a form for computer processing.
  12-25        SECTION 15.  Section 825.504, Government Code, is amended to
   13-1  read as follows:
   13-2        Sec. 825.504.  Employer Certification to Board.  (a)  An
   13-3  employer annually shall certify to the board of trustees the
   13-4  beginning date of the contract of each member whose contract year
   13-5  begins after June 30 and continues after August 31 of the same
   13-6  calendar year.
   13-7        (b)  For school years after 1994-95, an employer shall
   13-8  certify to the board of trustees the beginning date of an oral or
   13-9  written work agreement that begins after June 30 and continues
  13-10  after August 31 of the same calendar year.
  13-11        (c)  Reporting districts shall cooperate with the system in
  13-12  ascertaining full year earnings during any year.  The board of
  13-13  trustees by rule may prescribe the form of and procedures for
  13-14  filing certification required by this section.
  13-15        SECTION 16.  Sub-section (c) of Section 824.204, Government
  13-16  Code, is amended to read as follows:
  13-17        Sec. 824.204.  Optional Service Retirement Benefits.  (c)  An
  13-18  eligible member may select on of the following options, which
  13-19  provide that:
  13-20              (1)  after the retiree's death, the reduced annuity is
  13-21  payable to and throughout the life of the person nominated by the
  13-22  retiree's written designation filed prior to retirement;
  13-23              (2)  after the retiree's death, one-half of the reduced
  13-24  annuity is payable to and throughout the life of the person
  13-25  nominated by the retiree's written designation filed prior to
   14-1  retirement;
   14-2              (3)  if the retiree dies before 60 monthly annuity
   14-3  payments have been made, the remainder of the 60 payments are
   14-4  payable to the designated beneficiary; or
   14-5              (4)  if the retiree dies before 120 monthly annuity
   14-6  payments have been made, the remainder of the 120 payments are
   14-7  payable to the designated beneficiary.
   14-8              (5)  after the retiree's death, three-fourths of the
   14-9  reduced annuity is payable to and throughout the life of the person
  14-10  nominated by the retiree's written designation filed prior to
  14-11  retirement.
  14-12        SECTION 17.  Sub-section (c) of Section 824.101, Government
  14-13  Code, is amended to read as follows:
  14-14        Sec. 824.101.  Designation of a Beneficiary.  (c)  Only one
  14-15  person may be designated as beneficiary of an optional retirement
  14-16  annuity under Section 824.204(c)1, <or> (c)2, or (c)5, and a
  14-17  designation of beneficiary under either of those options may not be
  14-18  made, changed, or revoked after the later of the date on which the
  14-19  retirement system makes the first annuity payment to the retiree or
  14-20  the date the first payment becomes due.  For purposes of this
  14-21  section, the term "makes payment" includes the depositing in the
  14-22  mail of a payment warrant or the crediting of an account with
  14-23  payment through electronic funds transfer.
  14-24        SECTION 18.  Sub-section (a) of Section 824.103, Government
  14-25  Code, is amended to read as follows:
   15-1        Sec. 824.103.  Absence of Beneficiary.  (a)  Benefits payable
   15-2  on the death of a member or annuitant, except an optional
   15-3  retirement annuity under Section 824.204(c)1, <or> (c)2, or (c)5, are
   15-4  payable, and rights to elect survivor benefits, if applicable, are
   15-5  available, to one of the classes of persons described in Subsection
   15-6  (b), if:
   15-7              (1)  the member or annuitant fails to designate a
   15-8  beneficiary before death;
   15-9              (2)  a designated beneficiary does not survive the
  15-10  member or annuitant; or
  15-11              (3)  a designated beneficiary, under Section 824.004,
  15-12  waives claims to benefits payable on the death of the member or
  15-13  annuitant.
  15-14        SECTION 19.  Sub-section (a) of Section 824.104, Government
  15-15  Code, is amended to read as follows:
  15-16        Sec. 824.104.  Failure of Beneficiary to Claim Benefits.
  15-17  (a)  If, before the first anniversary of the death of a member, or
  15-18  annuitant, the retirement system does not receive a claim for
  15-19  payment of benefits from a designated beneficiary or a person
  15-20  entitled to benefits under Section 824.103, the retirement system
  15-21  may pay benefits, except an optional retirement annuity under
  15-22  Section 824.204(c)1, <or> (c)2, or (c)5, under the order of
  15-23  precedence in Section 824.103(b), as if the person failing to claim
  15-24  benefits had predeceased the decedent.
  15-25        SECTION 20.  Sub-Section (a), (c), and (d) of 824.308,
   16-1  Government Code, are amended to read as follows:
   16-2        Sec. 824.308.  Optional Disability Retirement Benefits.
   16-3  (a)  Instead of an annuity payable under Section 824.304(b), a
   16-4  member retiring under that section may elect to receive an optional
   16-5  disability retirement annuity under this section.  An election to
   16-6  receive an optional disability retirement annuity must be filed
   16-7  with the board of trustees not later than the effective date of
   16-8  retirement or date of application for retirement whichever is
   16-9  later.
  16-10        (c)  An eligible member may select one of the following
  16-11  options:
  16-12              (1)  after the disability retiree's death, the reduced
  16-13  annuity is payable throughout the life of a person nominated by the
  16-14  retiree's written designation under Section 824.101 filed before
  16-15  retirement;
  16-16              (2)  after the disability retiree's death, one-half of
  16-17  the reduced annuity is payable throughout the life of the retiree's
  16-18  designated beneficiary;
  16-19              (3)  if the disability retiree dies before 60 monthly
  16-20  annuity payments have been made, the remainder of the 60 payments
  16-21  are payable to the designated beneficiary; or
  16-22              (4)  if the disability retiree dies before 120 monthly
  16-23  annuity payments have been made, the remainder of the 120 payments
  16-24  are payable to the designated beneficiary.
  16-25              (5)  after the disability retiree's death,
   17-1  three-fourths of the reduced annuity is payable throughout the life
   17-2  of the retiree's designated beneficiary;
   17-3        (d)  If the person nominated by the disability retiree's
   17-4  written designation under Section 824.101 filed before or at the
   17-5  time of retirement predeceases the disability retiree, the reduced
   17-6  annuity of a disability retiree who has elected an optional
   17-7  retirement annuity under Subsection (c)(1), <or> (c)(2), or (c)(5) is
   17-8  increased to the standard retirement annuity that the disability
   17-9  retiree would otherwise be entitled to receive if the disability
  17-10  retiree had not selected an annuity option.  The standard
  17-11  retirement annuity shall be adjusted as appropriate for
  17-12  postretirement increases in retirement benefits authorized by law
  17-13  after the date of retirement.
  17-14        SECTION 21.  Sub-Sections (a) and (c) of Section 824.503,
  17-15  Government Code, are amended to read as follows:
  17-16        (a)  If a retiree dies while receiving a standard or reduced
  17-17  service retirement annuity as provided by Section 824.202 or an
  17-18  optional service retirement annuity as provided by Section
  17-19  824.204(c)(1), <or> (c)(2), or (c)(5) and, in the case of a retiree
  17-20  receiving an optional service retirement annuity, if the retiree's
  17-21  designated beneficiary of the annuity has predeceased the retiree,
  17-22  the retirement system shall pay a lump-sum death benefit in an
  17-23  amount, if any, by which the amount of the deceased retiree's
  17-24  accumulated contributions at the time of retirement exceeds the
  17-25  amount of annuity payments made before the retiree's death.
   18-1        (c)  If a retiree's designated beneficiary dies while
   18-2  receiving an optional annuity under Section 824.204(c)(1), <or>
   18-3  (c)(2), or (c)(5), the retirement system shall pay a lump-sum death
   18-4  benefit in an amount, if any, by which the amount of the retiree's
   18-5  accumulated contributions at the time of retirement exceeds the
   18-6  amount of annuity payments made to the retiree and the designated
   18-7  beneficiary before the beneficiary's death.
   18-8        SECTION 22.  A new Section 822.007, Government Code, is added
   18-9  to read as follows:
  18-10        Sec. 822.007  Membership in TRS by ERS Transfer Employee.
  18-11  Any person whose membership in the retirement system was
  18-12  transferred under Acts of the 73rd Legislature, Chapter 812,
  18-13  Section 43 (1993) and who had previously been a retiree of the
  18-14  Employees Retirement System, may elect to participate or continue
  18-15  to participate in the retirement system without interruption of
  18-16  service credit for actual service.
  18-17        SECTION 23.  Section 821.001 (7) and (15), Government Code
  18-18  are amended to read as follows:
  18-19        Sec. 822.001.  Definitions.  (7)  "Employer" means <the state
  18-20  or> any <of its designated> agents or agencies of the state
  18-21  responsible for public education, including the governing board of
  18-22  any school district created under the laws of this state, any
  18-23  county school board, the board of trustees, <the State Board of
  18-24  Education, the Central Education Agency,> the board of regents of
  18-25  any college or university, or any other legally constituted board
   19-1  or agency of any public school.
   19-2              (15)  "School Year" means:
   19-3                    (A)  a 12-month period beginning approximately
   19-4  September 1 and ending approximately August 31 of the next calendar
   19-5  year; or
   19-6                    (B)  for a member whose contract, or oral or
   19-7  written work agreement begins after June 30 and continues after
   19-8  August 31 of the same calendar year, a period not to include more
   19-9  than 12 months beginning on the date the contract or agreement
  19-10  begins.
  19-11        SECTION 24.  Section 823.302(b), Government Code is amended
  19-12  to read as follows:
  19-13        Sec. 823.302.  Military Service Credit.  (b)  A member
  19-14  eligible to establish military service credit is one who has at
  19-15  least five years of service credit in the retirement system for
  19-16  actual service in public schools, except that a member meeting this
  19-17  condition does not qualify for insurance coverage with the Texas
  19-18  Public School Retired Employees Group Insurance Program until the
  19-19  member has 10 or more years of membership service credit.
  19-20        SECTION 25.  A new Section 821.007, Government Code is added
  19-21  to read:
  19-22        Sec. 821.007.  Exclusive Benefit of Members and Their
  19-23  Beneficiaries.  Under no circumstances and in no event may any of
  19-24  the contributions and income of the retirement system revert to the
  19-25  employer or otherwise be diverted to or used for any purpose other
   20-1  than the exclusive benefit of the members, retirees and their
   20-2  beneficiaries.  It shall be impossible for the diversion or use
   20-3  prohibited by the preceding sentence to occur, whether by operation
   20-4  or natural termination of the retirement system, by power of
   20-5  revocation or amendment, by the happening of a contingency, by
   20-6  collateral arrangement, or by any other means.
   20-7        SECTION 26.  A new Subchapter I is added to Chapter 824 of
   20-8  the Government Code to read:
   20-9                      SUBCHAPTER I.  LIMITATIONS
  20-10        Sec. 824.801.  Limitations on Benefits.  (a)  Notwithstanding
  20-11  any other provision of this chapter, the benefits provided with
  20-12  respect to any member shall not exceed the benefits permitted to be
  20-13  provided under a qualified plan by Section 415 of the Internal
  20-14  Revenue Code of 1986, as amended or restated from time to time (26
  20-15  U.S.C. Section 415).
  20-16        (b)  The board of trustees shall adopt rules that assure the
  20-17  benefits paid to any member do not exceed the limits imposed by
  20-18  Section 415 of the Internal Revenue Code (26 U.S.C. 415).
  20-19        Sec. 824.802.  Benefits Payable Under More Than One Plan
  20-20        (a)  If the benefits payable under this chapter, after
  20-21  reduction if any required by Section 824.801(b), would not exceed
  20-22  the limits imposed by Section 415 of the Internal Revenue Code (26
  20-23  U.S.C. 415) but the aggregate benefits payable to, and
  20-24  contributions on behalf of, a member under this chapter and under
  20-25  any other plan or plans maintained by the employer would exceed
   21-1  such limits, the benefits and /or contributions provided under such
   21-2  other plan or plans that have not then been terminated shall be
   21-3  reduced to the extent necessary to enable all plans to meet those
   21-4  limitations.
   21-5        (b)  If any other plan or plans mentioned in Subsection (a)
   21-6  are unable or unwilling to make the reductions in contributions or
   21-7  benefits to the extent required by that Subsection, then one or
   21-8  more of such other plans shall be disqualified to the extent
   21-9  necessary to enable all benefits provided to a member under this
  21-10  chapter to satisfy the limitations of Section 415 of the Internal
  21-11  Revenue Code (26 U.S.C. 415).
  21-12        SECTION 27.  Sub-section (b) of Section 825.506, Government
  21-13  Code is amended and sub-section (c) is added to read:
  21-14        (b)  In determining qualification status under Section 401(a)
  21-15  of the Internal Revenue Code of 1986 (26 U.S.C. Section) or its
  21-16  successors, the retirement system's benefit plan shall be
  21-17  considered primary.  An employer may not provide employee
  21-18  retirement or deferred benefits to the extent that, when considered
  21-19  together with the benefits authorized by this subtitle as required
  21-20  by federal law, would result in the retirement system's plan
  21-21  failing to meet federal qualification standards as applied to
  21-22  public pension plans.  If any change or adjustment in the benefits
  21-23  that would otherwise have been provided under the retirement
  21-24  system's plan or any other plan or plans maintained by an employer
  21-25  shall be required to preserve the qualified status of the
   22-1  retirement system's plan or the other plan or plans, the change, or
   22-2  adjustment in benefits, shall be made to the other plan or plans
   22-3  and not to the retirement system's plan.
   22-4        (c)  Notwithstanding any other provision of this subtitle, no
   22-5  member or beneficiary shall ever have a right to receive any
   22-6  benefit under the retirement system's plan to the extent that the
   22-7  payment of such benefit would, in the opinion of the board of
   22-8  trustees, cause the retirement system's plan to fail to qualify
   22-9  under Section 401(a) of the Internal Revenue Code of 1986 (26
  22-10  U.S.C. 401) or its successor.
  22-11        SECTION 28.  Section 824.308(b), Government Code, is amended
  22-12  to read as follows:
  22-13        Sec. 824.308.  Optional Disability Retirement Benefits
  22-14        (b)  An optional disability retirement annuity is and annuity
  22-15  payable throughout the disability of the disability retiree and is
  22-16  actuarially reduced from the annuity otherwise payable under
  22-17  Sections 824.304(b)<(1) and (b)(2)> to its actuarial equivalent under
  22-18  the option selected under Subsection (c).
  22-19        SECTION 29.  Section 823.304, Government Code, is amended to
  22-20  read as follows:
  22-21        Sec. 823.304.  Reemployed Veteran's and Uniformed Services
  22-22  Employment and Reemployment Credit.  (a)  A person eligible to
  22-23  establish reemployment uniformed services <reemployed veteran's>
  22-24  credit is one who qualifies under the Veteran's Reemployment Rights
  22-25  Act, 38 U.S.C. Section 2021 et seq., or the Uniformed Services
   23-1  Employment and Reemployment Rights Act of 1994, 38 U.S.C. 4301, for
   23-2  the benefits of reemployment in a position included within the
   23-3  membership of the retirement system and who is entitled under that
   23-4  Act to additional credit and benefits from the retirement system
   23-5  because of the person's service in a uniformed service <active duty
   23-6  in the armed forces> of the United States.
   23-7        (b)  A person who receives credit under this section may not
   23-8  receive military service credit under Sections 823.301 and 823.302
   23-9  for the same service.
  23-10        (c)  A person may establish credit under this section by
  23-11  depositing with the retirement system for each year and fractional
  23-12  year of service claimed an amount equal to<:>
  23-13              <(1)>  the member contributions to the retirement system,
  23-14  as determined by the retirement system, that the person would have
  23-15  made had the person continued to be employed in the person's former
  23-16  position covered by the retirement system during the entire period
  23-17  of service with a uniformed service <active duty in the armed forces>
  23-18  for which the person is to receive retirement credit<; and>
  23-19              <(2)  a fee of five percent, compounded annually, of the
  23-20  required contribution from the date of the person's first
  23-21  eligibility to establish the credit to the date of deposit>.
  23-22        (d)  To the extent required by the Veteran's Reemployment
  23-23  Rights Act or the Uniformed Services Employment and Reemployment
  23-24  Act of 1994 and permitted by Sections 401(a) and 415 of the
  23-25  Internal Revenue Code of 1986 (26 U.S.C. Sections 401 and 415), the
   24-1  retirement system may:
   24-2              (1)  grant the person service credit for the period of
   24-3  service with a uniformed service <active duty in the armed forces> as
   24-4  if the person had been employed in a position eligible for
   24-5  membership and credit with the retirement system; and
   24-6              (2)  include in relevant benefit computations under
   24-7  this subtitle the annual compensation, as determined by the
   24-8  retirement system, that would have been otherwise received by the
   24-9  person for the service covered by the retirement system during any
  24-10  period <year> in which the person had service with a uniformed
  24-11  service <active duty in the armed forces>.
  24-12        (e)  The state shall deposit with the retirement system an
  24-13  amount equal to the state contributions, as determined by the
  24-14  retirement system, that the state would have made had the person
  24-15  continued to be employed in the person's former position covered by
  24-16  the retirement system during the entire period of service <active
  24-17  duty in the armed forces> for which the person had received service
  24-18  credit under this section.  The state shall deposit the required
  24-19  amount with the retirement system not later than the 30th day after
  24-20  the date the state receives notice from the retirement system of
  24-21  the amount of state contributions required for service credit
  24-22  established by a person under this section.
  24-23        SECTION 30.  Section 825.508(b), Government Code, is amended
  24-24  to read as follows:
  24-25        Sec. 825.508.  Powers of Attorney.
   25-1        (b)  The system must honor a power of attorney executed in
   25-2  accordance with Chapter XII <1>, Section 490 <36A>, Texas Probate Code.
   25-3        SECTION 31.  Section 825.106, Government Code, is repealed.
   25-4        SECTION 32.  Section 825.306, Government Code, is amended to
   25-5  read as follows:
   25-6        Sec. 825.306.  Crediting System of Assets.  The assets of the
   25-7  retirement system shall be credited, according to the purpose for
   25-8  which they are held, to one of the following accounts:
   25-9              (1)  member sayings account;
  25-10              (2)  state contribution account;
  25-11              (3)  retired reserve account;
  25-12              <(4)  benefit increase reserve account;>
  25-13              (4) <(5)>  interest account; or
  25-14              (5) <(6)>  expense account.
  25-15        SECTION 33.  Section 825.309(b), Government Code, is amended
  25-16  to read as follows:
  25-17        Sec. 825.309.  Retired Reserve Account.  (b)  The retirement
  25-18  system shall use money in the retired reserve account to pay all
  25-19  retirement annuities and all death or survivor benefits including
  25-20  postretirement benefit increases and other adjustments of þLinitial
  25-21  benefit paymentsää <except those paid under Section 825.310(b)>.
  25-22        SECTION 34.  Section 825.310, Government Code, is repealed.
  25-23        SECTION 35.  Section 825.313(b) (3), (4), and (5), Government
  25-24  Code, is amended to read as follows:
  25-25        Sec. 825.313.  Transfers From Interest Account.  (3)  to the
   26-1  expense account, an amount designated by the board of trustees in
   26-2  accordance with Subsection (c); and
   26-3              (4)  <to the benefit increase reserve account, an amount
   26-4  representing interest on the average annual balance of the benefit
   26-5  increase reserve account at a rate set by the board of trustees in
   26-6  accordance with Section 825.106; and>
   26-7              <(5)>  to the state contribution account, the amount
   26-8  remaining in the interest account after the other transfers
   26-9  required by this section are made.
  26-10        SECTION 36  Upon the effective date of this Act, the
  26-11  retirement system shall transfer all funds from the benefit
  26-12  increase reserve account to the retiree reserve account.
  26-13        SECTION 37.  Section 805.001(6), Government Code is added to
  26-14  read as follows:
  26-15        Sec. 805.001.  Definitions.
  26-16        (6)  "designated beneficiary" means the person or entity who,
  26-17  under valid written designations or by law, is entitled to receive
  26-18  benefits payable by a system on the death of a member or annuitant.
  26-19        SECTION 38.  Section 805.002, Government Code is amended to
  26-20  read as follows:
  26-21        Sec. 805.002.  Eligibility to Transfer Service Credit.
  26-22  (a)  Except as provided by subsection (h), a <A> member of both the
  26-23  employees retirement system and the teacher retirement system who
  26-24  applies for service or disability retirement from either system may
  26-25  transfer to that system service credit established in the other
   27-1  system if the member has at least three years of service credit in
   27-2  the system from which the member is retiring.  A person resuming
   27-3  membership in the teacher retirement system after a transfer under
   27-4  Acts of the 73rd Legislature, Chapter 812, Section 43 (1993) could
   27-5  count previous teacher retirement service as well as more current
   27-6  teacher retirement service for the three year requirement to
   27-7  transfer employee retirement service to teacher retirement.
   27-8        (b)  Except as provided by Subsection (h), a <A> member of both
   27-9  the employees retirement system and the teacher retirement system
  27-10  who has less than three years of service credit in the system in
  27-11  which the person most recently received service credit and at least
  27-12  three years of service credit in the other system may, at the time
  27-13  the person applies for service or disability retirement <from the
  27-14  other system>, transfer service credit to the other <that> system from
  27-15  the system in which the person most recently received service
  27-16  credit.
  27-17        (c)  No change.
  27-18        (d)  Except as provided by Subsections (e) and (f), the
  27-19  designated beneficiary of a member of the employees retirement
  27-20  system or the teacher retirement system who dies while holding a
  27-21  position included in the membership of the system may make a
  27-22  transfer under Subsection (a) and reinstatement or purchase under
  27-23  Subsection (c) if the deceased member had at least three years of
  27-24  service credit in the system in which the member was performing
  27-25  service at the time of death.  The designated beneficiary may make
   28-1  a transfer under Subsection (b) if the deceased member had less
   28-2  than three years of service credit in the system in which the
   28-3  member was performing service at the time of death.  If a member is
   28-4  not survived by a designated beneficiary,  an alternate
   28-5  beneficiary, or a beneficiary provided by law, or has failed to
   28-6  designate a beneficiary after becoming or resuming membership, the
   28-7  personal representative of the member's estate has the same right
   28-8  under this subsection as a designated beneficiary.  The transfer of
   28-9  service by the beneficiary or personal representative of the
  28-10  decedent's estate shall be permitted only if such transfer would
  28-11  result in the payment of a death benefit annuity.
  28-12        (e)-(f)  No change.
  28-13        (g)  To be eligible to make a transfer pursuant to Subsection
  28-14  (d), the beneficiary designation must be the same under both
  28-15  retirement systems; otherwise a transfer cannot be made.
  28-16        (h)  A member applying for occupational disability at the
  28-17  employees retirement system may transfer teacher retirement system
  28-18  service only if the member was contributing to the employees
  28-19  retirement system at the time the disabling condition occurred.
  28-20        (i)  A member of the employees retirement system with at
  28-21  least thirty-six months of credit, may resume membership in the
  28-22  teacher retirement system under the terms of Section 823.502 of the
  28-23  Government Code.  The thirty-six months period of credit under the
  28-24  employees retirement system shall satisfy the two consecutive years
  28-25  required in Section 823.502.  Deposits required in Section 823.502
   29-1  (c) will be the amount equal to  service retirement benefits
   29-2  received plus a reinstatement fee of six percent, compounded
   29-3  annually, of the amount determined above from the first day of the
   29-4  person's service at the employees retirement system to the date of
   29-5  redeposit.
   29-6        SECTION 39.  Section 805.003, Government Code, is amended to
   29-7  read as follows:
   29-8        Sec. 805.003.  Payments to Reinstate or Purchase Service
   29-9  Credit
  29-10        The cost of reinstating or purchasing service under 805.002
  29-11  is determined according to the statues that govern the
  29-12  reinstatement or purchase of the type of service credit in the
  29-13  system in which it is to be reinstated or purchased.  All payments
  29-14  for service credit reinstated or purchased under 805.002 must be
  29-15  made before retirement or the first payment of a death benefit
  29-16  annuity or a later date if allowed for members of the retiring
  29-17  system by the retiring system's statutes, as applicable.
  29-18        SECTION 40.  Section 805.007, Government Code, is amended to
  29-19  read as follows:
  29-20        Sec. 805.007  Effect of Transfer of Service Credit
  29-21        (a)  a person who transfers service credit under this chapter
  29-22  forfeits all rights to benefits payable by the system from which it
  29-23  is transferred and is not an annuitant of that system for any
  29-24  purpose, including the payment of postretirement increases to
  29-25  annuitants of that system.  This sub-section does not preclude a
   30-1  person from receiving benefits as a beneficiary of another account
   30-2  not related to the transfer in question.
   30-3        (b)  Service credit transferred under this chapter is
   30-4  considered as if it had been granted for service performed under
   30-5  the system to which it has transferred and is used in satisfying
   30-6  minimum service requirements for retirement and in determining the
   30-7  amount of benefits that are based on the amount of a person's
   30-8  service credit;
   30-9              (1)  except that a person's average salary for the
  30-10  purpose of computing an annuity may be determined only from service
  30-11  that was originally established in one system and that results in
  30-12  higher average salary; and
  30-13              (2)  except as provided by Section 805.006; and
  30-14              (3)  except in the event of an occupational disability
  30-15  retirement as provided under Section 814.206.
  30-16        SECTION 41.  Section 805.008, Government Code is amended to
  30-17  read as follows:
  30-18        Sec. 805.008.  Responsibility for Benefit Payments.
  30-19  (a)-(b)  No change.
  30-20        (c)  As an alternative to Subsections (a) and (b) of this
  30-21  section, the systems may by rule require the system from which the
  30-22  service was transferred to pay monthly an amount equal to the
  30-23  portion of the actual value of the annuity that represents the
  30-24  percentage of the total amount transferred.
  30-25        (d) <(c)>  For the purpose of computing an amount to be
   31-1  transferred under this section, service credit in either system
   31-2  must be considered as if it were credited under rules of the
   31-3  teacher retirement system determining the amount of service
   31-4  creditable.
   31-5        (e) <(d)>  An amount transferred under this section is payable
   31-6  from amounts credited to the person's individual account and
   31-7  amounts credited to the account in which the system places state
   31-8  contributions.  Except as provided in Subsection (g), an <An> amount
   31-9  received under this section shall be deposited in the account from
  31-10  which the system receiving the amount pays annuities.
  31-11        (f) <(e)>  The system to which a transfer is made under this
  31-12  section is responsible for paying the annuity for which the
  31-13  transfer was made, including the entire amount of any increase in
  31-14  the annuity granted after the transfer.
  31-15        (g)  At the time of the death of a person whose membership
  31-16  was transferred from the teacher retirement system to the employees
  31-17  retirement system pursuant to Acts of the 73rd Legislature, Chapter
  31-18  812, Section 43(a) (1993), the teacher retirement system shall
  31-19  transfer to the employees retirement system the person's service
  31-20  credit in the teacher retirement system, and an amount of money as
  31-21  provided by paragraphs (1) or (2) of this subsection provided
  31-22  employment with the transferring agency was continuous from the
  31-23  date of transfer to the date of death.
  31-24              (1)  If an annuity is paid under Chapter 814,
  31-25  Government Code, the teacher retirement system shall transfer an
   32-1  amount as provided by Subsections (a) through (c) of this section.
   32-2              (2)  If a death benefit, but not an annuity, is paid
   32-3  under Chapter 814, the teacher retirement system shall transfer the
   32-4  amount of money in the employee's savings account plus an amount
   32-5  equal to 5% of the person's account balance for each full year of
   32-6  service credited in the teacher retirement system, for the purpose
   32-7  of a lump-sum payment.
   32-8        SECTION 42.  This Act takes effect September 1, 1995 unless
   32-9  specified differently in the Act.
  32-10        SECTION 43.  If any word, phrase, clause, paragraph,
  32-11  sentence, part, portion, or provision of this Act or the
  32-12  application thereof to any person or circumstance shall be held to
  32-13  be invalid or unconstitutional, the remainder of the Act in all its
  32-14  particulars and as to all other persons and circumstances shall be
  32-15  valid and of full force and effect, and the legislature hereby
  32-16  declares that this Act would have been enacted without such invalid
  32-17  or unconstitutional word, phrase, clause, paragraph, sentence,
  32-18  part, portion, or provision, and to this end the provisions of this
  32-19  Act are declared to be severable.
  32-20        SECTION 44.  The importance of this legislation and the
  32-21  crowded condition of the calendars of both houses create an
  32-22  emergency and an imperative public necessity that the
  32-23  constitutional rule requiring bills to be read on three several
  32-24  days in each house be suspended, and this rule is hereby suspended,
  32-25  and that this Act take effect and be in force according to its
   33-1  terms, and it is so enacted.