S.B. No. 102
                                        AN ACT
    1-1  relating to state employee contributions to the federal old age and
    1-2  survivors insurance program.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 606.064, Government Code, is amended to
    1-5  read as follows:
    1-6        Sec. 606.064.  EMPLOYEE CONTRIBUTIONS <BY STATE AGENCY>.
    1-7  (a)  Each state employee, including a judge paid by the state, for
    1-8  whom an agreement for social security coverage is in effect under
    1-9  this subchapter shall pay contributions on wages in the amount of
   1-10  the employee tax.  <The state shall pay all contributions on wages
   1-11  for social security coverage of a state employee except:>
   1-12              <(1)  as provided by Section 606.065; or>
   1-13              <(2)  the amount of the employee tax in excess of 5.85
   1-14  percent of wages computed on a wage base of $16,500 in a calendar
   1-15  year.>
   1-16        (b)  The obligation provided by this section is a condition
   1-17  of employment or of holding office.  <The legislature may provide
   1-18  in the General Appropriations Act for a state contribution in
   1-19  excess of the amount provided in Subsection (a)(2).>
   1-20        <(c)  A state employee is obligated to pay only the
   1-21  difference between the amount the legislature provides and the
   1-22  amount required by federal law.>
   1-23        <(d)  The contribution made by the state shall be paid from
   1-24  the same fund from which an employee receives compensation.>
    2-1        <(e)  The comptroller may prorate the state's expected
    2-2  contribution for an employee's employee tax over the portion of the
    2-3  calendar year that the employee's salary is subject to the Federal
    2-4  Insurance Contributions Act to equalize the employee's monthly
    2-5  contributions during the portion of the year that the employee's
    2-6  salary is subject to Federal Insurance Contributions Act taxes.>
    2-7        SECTION 2.  Subsection (a), Section 606.067, Government Code,
    2-8  is amended to read as follows:
    2-9        (a)  For a state employee who is paid from the state
   2-10  treasury, the legislature shall appropriate, from the same fund
   2-11  from which the employee is paid, an amount equal to the <total of
   2-12  the> state's contributions under Section 606.063 <and Section
   2-13  606.064 or 606.065>.
   2-14        SECTION 3.  Chapter 659, Government Code, is amended by
   2-15  adding Subchapter H to read as follows:
   2-16                SUBCHAPTER H.  BENEFIT REPLACEMENT PAY
   2-17        Sec. 659.121.  DEFINITIONS.  In this subchapter:
   2-18              (1)  "Compensation" means, except as provided by
   2-19  Section 659.124, salary or wages subject to tax under the Federal
   2-20  Insurance Contributions Act.
   2-21              (2)  "Eligible state employee" means an individual who
   2-22  was on August 31, 1995:
   2-23                    (A)  employed by a state agency and eligible for
   2-24  state payment of the employee tax under Section 606.064 as that
   2-25  section existed on that date;
   2-26                    (B)  using unpaid leave from a position with a
   2-27  state agency, if the individual would have been eligible for state
    3-1  payment of the employee tax under Section 606.064 as that section
    3-2  existed on that date had the individual not been using unpaid leave
    3-3  from the position; or
    3-4                    (C)  not working for a state agency if:
    3-5                          (i)  the individual was not working on that
    3-6  date solely because the individual's employment with the agency
    3-7  customarily does not include the summer months;
    3-8                          (ii)  the individual had contracted with
    3-9  the agency not later than that date for the individual to resume
   3-10  working for the agency not later than September 2, 1995; and
   3-11                          (iii)  the position held by the individual
   3-12  on September 2, 1995, would have made the individual eligible for
   3-13  state payment of the employee tax under Section 606.064 as that
   3-14  section existed on August 31, 1995, if the employee had held the
   3-15  position on that date.
   3-16              (3)  "Eligible state-paid judge" means an individual
   3-17  who on August 31, 1995:
   3-18                    (A)  held office; and
   3-19                    (B)  was eligible for state payment of the
   3-20  employee tax under Section 606.065 as that section existed on that
   3-21  date.
   3-22              (4)  "Employee tax" means the tax that state employees
   3-23  and state-paid judges pay under the Federal Insurance Contributions
   3-24  Act.
   3-25              (5)  "Retirement contribution" means a mandatory
   3-26  contribution by an eligible state employee or eligible state-paid
   3-27  judge to a retirement system.
    4-1              (6)  "Retirement system" means the Teacher Retirement
    4-2  System of Texas, the Employees Retirement System of Texas, the
    4-3  optional retirement program governed by Chapter 830, the Judicial
    4-4  Retirement System of Texas Plan One, or the Judicial Retirement
    4-5  System of Texas Plan Two.
    4-6              (7)  "State agency" has the meaning assigned by Section
    4-7  606.061.
    4-8        Sec. 659.122.  INCLUSION OF BENEFIT REPLACEMENT PAY.  The
    4-9  salary or wages paid after December 31, 1995, to an eligible state
   4-10  employee or an eligible state-paid judge includes benefit
   4-11  replacement pay in the amount provided by Section 659.123.
   4-12        Sec. 659.123.  AMOUNT OF BENEFIT REPLACEMENT PAY.
   4-13  (a)  Except as provided by Section 659.124, the benefit replacement
   4-14  pay of an eligible state employee or an eligible state-paid judge
   4-15  for a pay period is equal to the sum of:
   4-16              (1)  5.85 percent of the compensation earned by the
   4-17  employee or judge during the pay period, subject to the limit
   4-18  provided by Subsection (b); and
   4-19              (2)  an additional amount equal to the retirement
   4-20  contribution paid by the employee or judge because of the benefit
   4-21  replacement pay provided by this subsection.
   4-22        (b)  The amount paid to an eligible state employee or an
   4-23  eligible state-paid judge under Subsection (a)(1) may not exceed
   4-24  $965.25 each calendar year.
   4-25        Sec. 659.124.  AMOUNT OF BENEFIT REPLACEMENT PAY FOR HIGHER
   4-26  EDUCATION EMPLOYEES.  (a)  For a state employee employed by an
   4-27  institution of higher education, the benefit replacement pay is an
    5-1  increase in compensation equal to the sum of:
    5-2              (1)  5.85 percent of the employee's compensation as of
    5-3  October 31, 1995, subject to the limit provided by Subsection (b);
    5-4  and
    5-5              (2)  an additional amount equal to the retirement
    5-6  contribution paid by the employee because of the benefit
    5-7  replacement pay provided by this subsection.
    5-8        (b)  The amount paid to an eligible state employee of an
    5-9  institution of higher education under Subsection (a)(1) may not
   5-10  exceed $965.25.
   5-11        (c)  In this section, "compensation" means annualized base
   5-12  salary or wages, including longevity and hazardous duty pay.
   5-13        Sec. 659.125.  PAYING BENEFIT REPLACEMENT PAY IN EQUAL
   5-14  INSTALLMENTS.  (a)  Unless prohibited by a state agency under
   5-15  Subsection (b), an eligible state employee or an eligible
   5-16  state-paid judge may choose for the benefit replacement pay that
   5-17  the employee or judge is eligible to receive in a calendar year to
   5-18  be paid in equal installments in that year.  The employee or judge
   5-19  must exercise this option before the beginning of the year.  This
   5-20  subsection applies only to an eligible state employee or an
   5-21  eligible state-paid judge whose benefit replacement pay under
   5-22  Section 659.123(a)(1) will be $965.25 during that year if the
   5-23  employee or judge remains in the position at the same compensation
   5-24  during the year.
   5-25        (b)  A state agency may prohibit an eligible state employee
   5-26  or an eligible state-paid judge from exercising the option
   5-27  described by Subsection (a) if the agency pays the employee's or
    6-1  judge's compensation.
    6-2        (c)  An eligible state employee or an eligible state-paid
    6-3  judge who exercises the option described by Subsection (a) for a
    6-4  calendar year and who terminates employment or leaves office before
    6-5  the end of that year is ineligible to be paid the difference
    6-6  between the benefit replacement pay received by the employee or
    6-7  judge and the benefit replacement pay the employee or judge would
    6-8  have received had the employee or judge not exercised the option
    6-9  described by Subsection (a).
   6-10        Sec. 659.126.  LOSS OF ELIGIBILITY TO RECEIVE BENEFIT
   6-11  REPLACEMENT PAY.  (a)  An eligible state employee who leaves state
   6-12  employment after August 31, 1995, for at least 12 consecutive
   6-13  months, on returning to state employment or on assuming a state
   6-14  office, is ineligible to receive benefit replacement pay.
   6-15        (b)  An eligible state-paid judge who leaves office after
   6-16  August 31, 1995, for at least 12 consecutive months, on return to
   6-17  state office or on accepting a state employment, is ineligible to
   6-18  receive benefit replacement pay.
   6-19        Sec. 659.127.  ADMINISTRATION.  The comptroller may adopt
   6-20  rules and establish procedures and reporting requirements to
   6-21  administer this subchapter.
   6-22        SECTION 4.  Section 606.065, Government Code, is repealed.
   6-23        SECTION 5.  (a)  The appropriations in the General
   6-24  Appropriations Act for the state's contribution to the employee tax
   6-25  assessed on compensation paid after December 31, 1995, and before
   6-26  September 3, 1997, are canceled and may not take effect.  The
   6-27  appropriations for the state's matching contribution are not
    7-1  affected by this section.
    7-2        (b)  In this section:
    7-3              (1)  "Compensation" means salary or wages subject to
    7-4  tax under the Federal Insurance Contributions Act.
    7-5              (2)  "Employee tax" means the tax that state employees
    7-6  and state-paid judges pay under the Federal Insurance Contributions
    7-7  Act.
    7-8        (c)  This section expires September 3, 1997.
    7-9        SECTION 6.  (a)  Notwithstanding Chapter 606, Government
   7-10  Code, as it exists before Sections 1, 2, and 4 of this Act take
   7-11  effect, the state is not obligated to pay any portion of the
   7-12  employee tax for an individual who is not an eligible state
   7-13  employee or an eligible state-paid judge.
   7-14        (b)  In this section:
   7-15              (1)  "Eligible state employee" means an individual who
   7-16  was on August 31, 1995:
   7-17                    (A)  employed by a state agency; and
   7-18                    (B)  eligible for state payment of the employee
   7-19  tax under Section 606.064, Government Code, as that section existed
   7-20  on that date.
   7-21              (2)  "Eligible state-paid judge" means an individual
   7-22  who on August 31, 1995:
   7-23                    (A)  held office; and
   7-24                    (B)  was eligible for state payment of the
   7-25  employee tax under Section 606.065, Government Code, as that
   7-26  section existed on that date.
   7-27              (3)  "Employee tax" means the tax that state employees
    8-1  and state-paid judges pay under the Federal Insurance Contributions
    8-2  Act.
    8-3              (4)  "State agency" has the meaning assigned by Section
    8-4  606.061, Government Code.
    8-5        (c)  This section expires January 1, 1996.
    8-6        SECTION 7.  (a)  This Act is contingent on the becoming law
    8-7  of an appropriation for the fiscal biennium ending August 31, 1997,
    8-8  made by the 74th Legislature, Regular Session, 1995, to pay benefit
    8-9  replacement pay to every individual entitled to receive it under
   8-10  Subchapter H, Chapter 659, Government Code, as added by this Act.
   8-11        (b)  A general increase in salaries for state employees and
   8-12  state-paid judges that does not include amounts appropriated
   8-13  specifically to compensate for the reductions in net pay resulting
   8-14  from Sections 1, 2, 4, and 5 of this Act does not satisfy the
   8-15  contingency of Subsection (a) of this section.
   8-16        (c)  Before January 1, 1996, the comptroller shall determine
   8-17  whether an appropriation described by Subsection (a) of this
   8-18  section has become law and publish a finding in that regard in the
   8-19  Texas Register.  If an appropriation described by that subsection
   8-20  does not become law, as determined by the comptroller, this Act has
   8-21  no effect.
   8-22        (d)  This section expires January 1, 1996.
   8-23        SECTION 8.  (a)  Sections 1, 2, and 4 of this Act take effect
   8-24  December 1, 1995, and apply only to compensation paid after
   8-25  December 31, 1995.  Compensation paid before January 1, 1996, is
   8-26  subject to Subchapter C, Chapter 606, Government Code, as it exists
   8-27  on November 30, 1995, and that law is continued in effect for that
    9-1  purpose.
    9-2        (b)  Section 5 of this Act takes effect December 1, 1995.
    9-3        (c)  The remainder of this Act takes effect September 1,
    9-4  1995.
    9-5        SECTION 9.  The importance of this legislation and the
    9-6  crowded condition of the calendars in both houses create an
    9-7  emergency and an imperative public necessity that the
    9-8  constitutional rule requiring bills to be read on three several
    9-9  days in each house be suspended, and this rule is hereby suspended.