1-1  By:  Armbrister                                       S.B. No. 1231
    1-2        (In the Senate - Filed March 10, 1995; March 16, 1995, read
    1-3  first time and referred to Committee on State Affairs;
    1-4  April 25, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 13, Nays 0; April 25, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 1231              By:  Armbrister
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the powers and duties of and systems and programs under
   1-11  the Employees Retirement System of Texas.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Section 805.002, Government Code, is amended by
   1-14  amending Subsections (a), (b), and (d) and by adding Subsections
   1-15  (g) and (h) to read as follows:
   1-16        (a)  Except as provided by Subsection (h), a <A> member of
   1-17  both the employees retirement system and the teacher retirement
   1-18  system who applies for service or disability retirement from either
   1-19  system may transfer to that system service credit established in
   1-20  the other system if the member has at least three years of service
   1-21  credit in the system from which the member is retiring.  If a
   1-22  person whose membership was transferred from the teacher retirement
   1-23  system to the employees retirement system pursuant to Section
   1-24  43(a), Chapter 812, Acts of the 73rd Legislature, 1993, ceases to
   1-25  hold any position included in the membership of the employees
   1-26  retirement system before the earlier of the date the person retires
   1-27  or dies, the person's service credit accrued in the teacher
   1-28  retirement system before the date the membership was transferred
   1-29  remains credited in that system, unless the person has withdrawn
   1-30  contributions made for the service.
   1-31        (b)  Except as provided by Subsection (h), a <A> member of
   1-32  both the employees retirement system and the teacher retirement
   1-33  system who has less than three years of service credit in the
   1-34  system in which the person most recently received service credit
   1-35  and at least three years of service credit in the other system may,
   1-36  at the time the person applies for service or disability retirement
   1-37  <from the other system>, transfer service credit to the other
   1-38  <that> system from the system in which the person most recently
   1-39  received service credit.
   1-40        (d)  Except as provided by Subsections (e) and (f), the
   1-41  designated beneficiary of a member of the employees retirement
   1-42  system or the teacher retirement system who dies while holding a
   1-43  position included in the membership of the system may make a
   1-44  transfer under Subsection (a) and a reinstatement or purchase under
   1-45  Subsection (c) if the deceased member had at least three years of
   1-46  service credit in the system in which the member was performing
   1-47  service at the time of death.  The designated beneficiary may make
   1-48  a transfer under Subsection (b) if the deceased member had less
   1-49  than three years of service credit in the system in which the
   1-50  member was performing service at the time of death.  If a member is
   1-51  not survived by a designated beneficiary, an alternate beneficiary,
   1-52  or a beneficiary provided by law or has failed to designate a
   1-53  beneficiary after becoming a member or resuming membership, the
   1-54  personal representative of the member's estate has the same right
   1-55  under this subsection as a designated beneficiary.  A transfer of
   1-56  service by the beneficiary or personal representative of a deceased
   1-57  member's estate is not permitted unless the transfer will result in
   1-58  the payment of a death benefit annuity.
   1-59        (g)  To be eligible to make a transfer pursuant to Subsection
   1-60  (d), a person must be the same beneficiary under both retirement
   1-61  systems.
   1-62        (h)  A member applying for occupational disability retirement
   1-63  from the employees retirement system may transfer service credit
   1-64  from the teacher retirement system only if the member was
   1-65  contributing to the employees retirement system at the time the
   1-66  disabling condition occurred.
   1-67        SECTION 2.  Section 805.003, Government Code, is amended to
   1-68  read as follows:
    2-1        Sec. 805.003.  Payments to Reinstate or Purchase Service
    2-2  Credit.  The cost of reinstating or purchasing service credit under
    2-3  Section 805.002 is determined according to the statutes that govern
    2-4  the reinstatement or purchase of the type of service credit in the
    2-5  system in which it is to be reinstated or purchased.  All payments
    2-6  for service credit reinstated or purchased under Section 805.002
    2-7  must be made before retirement or the first payment of a death
    2-8  benefit annuity, as applicable, or before a later date if allowed
    2-9  for members of the retirement system in which the credit is to be
   2-10  reinstated or purchased.
   2-11        SECTION 3.  Subsections (a) and (b), Section 805.007,
   2-12  Government Code, are amended to read as follows:
   2-13        (a)  A person who transfers service credit under this chapter
   2-14  forfeits all rights to benefits payable by the system from which it
   2-15  is transferred and is not an annuitant of that system for any
   2-16  purpose, including the payment of postretirement increases to
   2-17  annuitants of that system.  This subsection does not preclude a
   2-18  person from receiving benefits as a beneficiary of an account not
   2-19  related to the transferred service credit.
   2-20        (b)  Service credit transferred under this chapter is
   2-21  considered as if it had been granted for service performed under
   2-22  the system to which it has been transferred and is used in
   2-23  satisfying minimum service requirements for retirement and in
   2-24  determining the amount of benefits that are based on the amount of
   2-25  a person's service credit:
   2-26              (1)  except that a person's average salary for the
   2-27  purpose of computing an annuity may be determined only from service
   2-28  credit that was originally established in one system and that
   2-29  results in the higher average salary; <and>
   2-30              (2)  except as provided by Section 805.006; and
   2-31              (3)  except service credit transferred by a member
   2-32  applying for occupational disability retirement.
   2-33        SECTION 4.  Section 805.008, Government Code, is amended to
   2-34  read as follows:
   2-35        Sec. 805.008.  RESPONSIBILITY FOR BENEFIT PAYMENTS.
   2-36  (a)  Except as provided by Subsection (c), the <The> system from
   2-37  which a person's service credit is transferred under this chapter
   2-38  shall transfer to the other system, at the time the annuity based
   2-39  on the service credit becomes payable, an amount equal to the
   2-40  portion of the actuarial value of the annuity that represents the
   2-41  percentage of the total amount of the person's service credited in
   2-42  both systems that was credited in the system from which the credit
   2-43  is being transferred.
   2-44        (b)  Except as provided by Subsection (c), the <The> systems
   2-45  jointly by rule shall adopt actuarial tables and investment
   2-46  assumptions to be used in computing actuarial values under this
   2-47  section.
   2-48        (c)  As an alternative to Subsections (a) and (b), the
   2-49  systems by rule may require the system from which service credit is
   2-50  transferred to pay monthly an amount equal to the portion of the
   2-51  actual value of the monthly payment of the annuity that represents
   2-52  the percentage of the total amount of service credit that is
   2-53  transferred.
   2-54        (d)  For the purpose of computing an amount to be transferred
   2-55  under this section, service credit in either system must be
   2-56  considered as if it were credited under rules of the teacher
   2-57  retirement system determining the amount of service creditable.
   2-58        (e) <(d)>  An amount transferred under this section is
   2-59  payable from amounts credited to the person's individual account
   2-60  and amounts credited to the account in which the system places
   2-61  state contributions.  Except as provided by Subsection (g), an <An>
   2-62  amount received under this section shall be deposited in the
   2-63  account from which the system receiving the amount pays annuities.
   2-64        (f) <(e)>  The system to which a transfer is made under this
   2-65  section is responsible for paying the annuity for which the
   2-66  transfer was made, including the entire amount of any increase in
   2-67  the annuity granted after the transfer.
   2-68        (g)  At the time of the death of a person whose membership
   2-69  was transferred from the teacher retirement system to the employees
   2-70  retirement system pursuant to Section 43(a), Chapter 812, Acts of
    3-1  the 73rd Legislature, 1993, the teacher retirement system shall
    3-2  transfer to the employees retirement system the person's service
    3-3  credit in the teacher retirement system and, if employment with the
    3-4  transferring agency was continuous from the date of transfer to the
    3-5  date of death:
    3-6              (1)  an amount determined under Subsections (a) and (b)
    3-7  or under Subsection (c), if an annuity is paid under Chapter 814;
    3-8  or
    3-9              (2)  the amount of money in the member savings account
   3-10  plus an amount equal to five percent of the person's account
   3-11  balance for each full year of service credited in the teacher
   3-12  retirement system, if a death benefit other than an annuity is paid
   3-13  under Chapter 814.
   3-14        SECTION 5.  Subsection (c), Section 805.002, Government Code,
   3-15  is amended to read as follows:
   3-16        (c)  Except as provided by Subsections (e) and (f), a member
   3-17  of the employees retirement system or the teacher retirement system
   3-18  who formerly was a member of the other system may reinstate or
   3-19  purchase service credit in the other system for the purpose of
   3-20  making a transfer under Subsection (a) if the member has at least
   3-21  three years of service credit in the system in which the person
   3-22  currently is a member.  Except as provided by Subsections (e) and
   3-23  (f), a member of the employees retirement system or the teacher
   3-24  retirement system who formerly was a member of the other system,
   3-25  who before September 1, 1993, transferred at least three years of
   3-26  service credit to the system in which the person currently is a
   3-27  member, and who has at least three years of service credit other
   3-28  than the transferred credit in the system in which the person
   3-29  currently is a member may reinstate or purchase service credit in
   3-30  the other system for the purpose of making a transfer of all
   3-31  service credit to that other system.
   3-32        SECTION 6.  Subdivision (8), Section 811.001, Government
   3-33  Code, is amended to read as follows:
   3-34              (8)  "Custodial officer" means a member of the
   3-35  retirement system who is employed by the institutional division or
   3-36  the state jail division of the Texas Department of Criminal Justice
   3-37  and is certified by the department and accepted by the retirement
   3-38  system as eligible to receive service credit as a custodial officer
   3-39  <as having a normal job assignment that requires frequent or
   3-40  infrequent regularly planned contact with, and in close proximity
   3-41  to, inmates of the institutional division or inmates or defendants
   3-42  confined in the state jail division without the protection of bars,
   3-43  doors, security screens, or similar devices and includes
   3-44  assignments normally involving supervision or the potential for
   3-45  supervision of inmates in inmate housing areas, educational or
   3-46  recreational facilities, industrial shops, kitchens, laundries,
   3-47  medical areas, agricultural shops or fields, or in other areas on
   3-48  or away from property of the institutional division or the state
   3-49  jail division>.
   3-50        SECTION 7.  Section 813.104, Government Code, is amended by
   3-51  amending Subsection (d), by relettering Subsection (e) as
   3-52  Subsection (g), and by adding new Subsections (e) and (f) to read
   3-53  as follows:
   3-54        (d)  Except as provided by Subsection (e), payments
   3-55  <Payments> may not be made under this section:
   3-56              (1)  to establish or reestablish service credit of a
   3-57  person who has retired or died; or
   3-58              (2)  to establish current service under Section
   3-59  813.201.
   3-60        (e)  The designated beneficiary of a deceased member or, if
   3-61  none exists, the personal representative of the decedent's estate
   3-62  may establish or reestablish service for which the member was
   3-63  eligible at the time of death if the establishment of the service
   3-64  would result in the payment of a death benefit annuity or an
   3-65  increase in the amount of a death benefit annuity.
   3-66        (f)  The payment for the establishment or reestablishment of
   3-67  service under Subsection (e) must be made in a lump sum and
   3-68  completed before the first payment of a death benefit annuity, but
   3-69  not later than the 60th day after the date the retirement system
   3-70  receives notice of the death.
    4-1        (g) <(e)>  The retirement system may adopt rules to
    4-2  administer this section.
    4-3        SECTION 8.  Subchapter D, Chapter 813, Government Code, is
    4-4  amended by adding Section 813.305 to read as follows:
    4-5        Sec. 813.305.  MILITARY SERVICE CREDIT GOVERNED BY UNIFORMED
    4-6  SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT.  The retirement
    4-7  system may adopt rules to comply with the Uniformed Services
    4-8  Employment and Reemployment Rights Act (38 U.S.C. Section 4301 et
    4-9  seq.) and other federal laws affecting the crediting of military
   4-10  service.
   4-11        SECTION 9.  Section 813.506, Government Code, is amended to
   4-12  read as follows:
   4-13        Sec. 813.506.  Custodial Officer Service.  (a)  The Texas
   4-14  Department of Criminal Justice <Corrections> by rule shall adopt
   4-15  standards for determining eligibility for service credit as a
   4-16  custodial officer, based on the need to encourage early retirement
   4-17  of persons whose duties are hazardous and require them to have
   4-18  routine contact with inmates of or defendants confined in the state
   4-19  jail division of the Texas Department of Criminal Justice
   4-20  <Corrections> on a regular basis.
   4-21        (b)  To be creditable as custodial officer service, service
   4-22  performed must meet the requirements of the rules adopted under
   4-23  Subsection (a) and must <may> be performed by persons <in one of
   4-24  the following job categories:>
   4-25              <(1)  all persons> classified as Correctional Officer I
   4-26  through warden, including training officers and special operations
   4-27  reaction team officers<;>
   4-28              <(2)  all other employees assigned to work on a unit
   4-29  and whose jobs require routine contact with inmates, including but
   4-30  not limited to farm managers, livestock supervisors, maintenance
   4-31  foremen, shop foremen, medical assistants, food service
   4-32  supervisors, stewards, education consultants, commodity
   4-33  specialists, and correctional counselors;>
   4-34              <(3)  employees assigned to administrative offices
   4-35  whose jobs require routine contact with inmates, including but not
   4-36  limited to investigators, compliance monitors, accountants
   4-37  routinely required to audit unit operations, sociologists,
   4-38  interviewers, classification officers, and supervising counselors;
   4-39  and>
   4-40              <(4)  administrative positions whose jobs require
   4-41  response to emergency situations involving inmates, including but
   4-42  except as specified not limited to the director, deputy directors,
   4-43  assistant directors, and not more than 25 administrative duty
   4-44  officers>.  An employee of the department on September 1, 1995, who
   4-45  before that date was certified as eligible to receive service
   4-46  credit as a custodial officer continues to accrue service credit as
   4-47  a custodial officer for service performed on or after that date for
   4-48  the department in a position for which employees were eligible for
   4-49  certification under this section before September 1, 1995.
   4-50        (c)  The institutional division of the Texas Department of
   4-51  Criminal Justice shall determine a person's eligibility to receive
   4-52  credit as a custodial officer.  A determination of the division may
   4-53  not be appealed by an employee but is subject to change by the
   4-54  retirement system.
   4-55        (d) <(e)>  As part of the audit of the institutional division
   4-56  of the Texas Department of Criminal Justice by the state auditor in
   4-57  accordance with Chapter 321, the state auditor <State Auditor> may
   4-58  verify the accuracy of reports submitted to the retirement system
   4-59  under this section.  The state auditor shall review biennially the
   4-60  standards adopted by the department under Subsection (a).
   4-61        SECTION 10.  Section 813.509, Government Code, is amended to
   4-62  read as follows:
   4-63        Sec. 813.509.  Credit for Accumulated Sick Leave.  (a)  A
   4-64  member who holds a position included in the employee class of
   4-65  membership during the month that includes the effective date of the
   4-66  member's retirement and who retires based on service or a
   4-67  disability is entitled to service credit in the retirement system
   4-68  for the member's sick leave that has accumulated and is unused on
   4-69  the last day of employment.  Sick leave is creditable in the
   4-70  retirement system at the rate of one month of service credit for
    5-1  each 20  days, or 160 hours, of accumulated sick leave.  An
    5-2  increment of less than 20 days is not creditable.
    5-3        (b)  A member who holds a position included in the employee
    5-4  class may use sick leave creditable under this section to satisfy
    5-5  service requirements for retirement under Section 814.104 or
    5-6  814.107 if the sick leave attributed to the eligibility
    5-7  requirements remains otherwise unused on the last day of
    5-8  employment.
    5-9        (c)  Except as provided by Subsection (d), the <The>
   5-10  disbursing officer of each department or agency shall, before the
   5-11  11th day after the effective date of retirement of one or more
   5-12  employees of the department or agency <of each month>, certify to
   5-13  the retirement system:
   5-14              (1)  the name of each person whose retirement from the
   5-15  department or agency, and from state service, became effective
   5-16  during the preceding month; and
   5-17              (2)  the amount of the person's accumulated sick leave
   5-18  on the last day of employment.
   5-19        (d)  The disbursing officer of a department or agency that
   5-20  employs a member who applies for retirement under Subsection (b)
   5-21  shall, not more than 90 or less than 30 days before the effective
   5-22  date of the member's retirement, certify to the retirement system
   5-23  the amount of the member's accumulated and unused sick leave.  The
   5-24  officer shall immediately notify the retirement system if the
   5-25  member uses sick leave after the date of certification.
   5-26        (e) <(c)>  On receipt of a certification under Subsection (c)
   5-27  or (d) <(b)>, the retirement system shall grant any credit to which
   5-28  a retiring member or retiree who is a subject of the certification
   5-29  is entitled.  An increase in the computation of an annuity because
   5-30  of credit provided by this section after a certification under
   5-31  Subsection (c) begins with the first payment that becomes due after
   5-32  certification.
   5-33        (f)  The retirement system shall cancel the retirement of a
   5-34  person who used sick leave creditable under this section to qualify
   5-35  for service retirement if the sick leave is otherwise used by the
   5-36  person before the effective date of retirement.
   5-37        (g)  In this section, "sick leave" does not include credit
   5-38  granted under an agency sick-leave pool or under the Family and
   5-39  Medical Leave Act of 1993 (26 U.S.C. Section 2601 et seq.).
   5-40        SECTION 11.  Subchapter F, Chapter 813, Government Code, is
   5-41  amended by adding Section 813.510 to read as follows:
   5-42        Sec. 813.510.  CREDIT FOR CERTAIN AGRICULTURAL SERVICE.
   5-43  (a)  An eligible member may, before January 1, 1996, elect to
   5-44  establish service credit in the retirement system for service
   5-45  performed for the Department of Agriculture as an employee of the
   5-46  Federal State Inspection Service of Texas.
   5-47        (b)  A member eligible to establish credit under this section
   5-48  is one who became an employee of or resumed employment with the
   5-49  Department of Agriculture in May, 1992, on the creation of the
   5-50  Texas Cooperative Inspection Program.
   5-51        (c)  A member may establish credit under this section by
   5-52  depositing with the retirement system:
   5-53              (1)  a contribution based on the member's monthly
   5-54  compensation during the period of service for the Department of
   5-55  Agriculture as an employee of the Federal State Inspection Service
   5-56  of Texas and computed for the number of months for which credit is
   5-57  sought at the combined contribution rates required during the
   5-58  period for the state and employee members of the system for new
   5-59  service;
   5-60              (2)  interest computed on the basis of the state fiscal
   5-61  year at an annual rate of 10 percent from the date the service was
   5-62  performed to the date of deposit; and
   5-63              (3)  any membership fees required of members of the
   5-64  system during the period of the service.
   5-65        (d)  An election under this section must be filed with the
   5-66  retirement system on a form provided by the system.  Credit may be
   5-67  established under this section by a lump-sum payment or by payments
   5-68  authorized by Section 813.104 or 813.105.
   5-69        (e)  The retirement system shall deposit the compensation
   5-70  contribution in the member's individual account in the employees
    6-1  saving account, interest in the state accumulation account, and
    6-2  membership fees in the expense account.
    6-3        (f)  The retirement system shall determine the amount to be
    6-4  deposited in each case and may not grant service credit to a member
    6-5  under this section until the member provides proof of eligibility
    6-6  for the credit that is satisfactory to the retirement system.
    6-7        SECTION 12.  Section 814.003, Government Code, is amended by
    6-8  adding Subsection (e) to read as follows:
    6-9        (e)  If a person elects to receive a standard disability
   6-10  retirement annuity and dies during the first calendar month that
   6-11  begins after the effective date of the person's retirement, the
   6-12  person is considered to have been a contributing member at the time
   6-13  of death.
   6-14        SECTION 13.  Section 814.004, Government Code, is amended to
   6-15  read as follows:
   6-16        Sec. 814.004.  When Benefits are Payable.  A monthly annuity
   6-17  payable to a retiree or beneficiary is payable to that person
   6-18  through the month in which the person dies.  A continuation of an
   6-19  optional annuity or the payment of a death or survivor benefit
   6-20  annuity begins with payment for the month following the month in
   6-21  which the death occurs.  <An annuity provided by this chapter
   6-22  accrues for the period beginning on the first day of the month that
   6-23  begins after the month in which a person dies or retires, as
   6-24  applicable, and ending, except as otherwise provided by this
   6-25  chapter, on the day the person who receives the annuity dies.>
   6-26        SECTION 14.  Subchapter A, Chapter 814, Government Code, is
   6-27  amended by adding Sections 814.006 and 814.007 to read as follows:
   6-28        Sec. 814.006.  SIMULTANEOUS DEATH OF MEMBER AND BENEFICIARY.
   6-29  When a member or annuitant and the beneficiary of the member or
   6-30  annuitant have died within a period of less than 120 hours, the
   6-31  member or annuitant is considered to have survived the beneficiary
   6-32  for the purpose of determining the rights to amounts payable under
   6-33  this subtitle on the death of the member or annuitant.
   6-34        Sec. 814.007.  BENEFICIARY CAUSING DEATH OF MEMBER OR
   6-35  ANNUITANT.  (a)  A benefit payable on the death of a member or
   6-36  annuitant may not be paid to a person convicted of causing that
   6-37  death but instead is payable as if the convicted person had
   6-38  predeceased the decedent.
   6-39        (b)  A person who becomes eligible under this section to
   6-40  select death or survivor benefits may select benefits as if the
   6-41  person were the designated beneficiary.
   6-42        (c)  The retirement system shall reduce any annuity computed
   6-43  in part on the age of the convicted person to a lump sum equal to
   6-44  the present value of the remainder of the annuity.  The reduced
   6-45  amount is payable to a person entitled as provided by this section
   6-46  to receive the benefit.
   6-47        (d)  The retirement system is not required to change the
   6-48  recipient of benefits under this section unless it receives actual
   6-49  notice of the conviction of a beneficiary.  However, the retirement
   6-50  system may delay payment of a benefit payable on the death of a
   6-51  member or annuitant pending the results of a criminal investigation
   6-52  and of legal proceedings relating to the cause of death.
   6-53        (e)  For the purposes of this section, a person has been
   6-54  convicted of causing the death of a member or annuitant if the
   6-55  person:
   6-56              (1)  pleads guilty or nolo contendere to, or is found
   6-57  guilty by a court of, causing the death of the member or annuitant,
   6-58  regardless of whether sentence is imposed or probated; and
   6-59              (2)  has no appeal of the conviction pending and the
   6-60  time provided for appeal has expired.
   6-61        SECTION 15.  Subsections (b) and (f), Section 814.107,
   6-62  Government Code, are amended to read as follows:
   6-63        (b)  The standard service retirement annuity payable for at
   6-64  least 20 years of service credit as a law enforcement or custodial
   6-65  officer is an amount computed on the basis of the member's average
   6-66  monthly compensation for that service for the 36 highest months of
   6-67  compensation, times the sum of the percentage factor used in the
   6-68  computation of a standard service retirement annuity under Section
   6-69  814.105 plus .5 percent. <a percentage derived from the following
   6-70  table:>
    7-1        <Years of Law Enforcement or       Percentage of Average>
    7-2        <Custodial Officer Service Credit  Monthly Compensation>
    7-3        <at least 20 but less than 21           50 percent>
    7-4        <at least 21 but less than 22           52 percent>
    7-5        <at least 22 but less than 23           54 percent>
    7-6        <at least 23 but less than 24           56 percent>
    7-7        <at least 24 but less than 25           58 percent>
    7-8        <at least 25 but less than 26           60 percent>
    7-9        <at least 26 but less than 27           62 percent>
   7-10        <at least 27 but less than 28           64 percent>
   7-11        <at least 28 but less than 29           66 percent>
   7-12        <at least 29 but less than 30           68 percent>
   7-13        <at least 30 but less than 31           70 percent>
   7-14        <at least 31 but less than 32           71 percent>
   7-15        <at least 32 but less than 33           72 percent>
   7-16        <at least 33 but less than 34           73 percent>
   7-17        <at least 34 but less than 35           74 percent>
   7-18        <at least 35 but less than 36           75 percent>
   7-19        <at least 36 but less than 37           76 percent>
   7-20        <at least 37 but less than 38           77 percent>
   7-21        <at least 38 but less than 39           78 percent>
   7-22        <at least 39 but less than 40           79 percent>
   7-23        <40 or more                             80 percent>
   7-24        (f)  The standard combined service retirement annuity payable
   7-25  for at least 20 years of service credit as a law enforcement or
   7-26  custodial officer may not exceed 100 <80> percent of the higher of
   7-27  the average compensation computed under Section 814.105 or the
   7-28  average compensation computed under Subsection (b).
   7-29        SECTION 16.  Section 814.108, Government Code, is amended by
   7-30  adding Subsection (g) to read as follows:
   7-31        (g)  Except as provided by Section 814.1081, a person who
   7-32  selected an optional service retirement annuity approved by the
   7-33  board of trustees or an optional service retirement annuity
   7-34  described by Subsection (c)(1) or (c)(2) may not change or revoke a
   7-35  beneficiary designation after the person's effective date of
   7-36  retirement.
   7-37        SECTION 17.  Subsections (b), (d), and (e), Section 814.207,
   7-38  Government Code, are amended to read as follows:
   7-39        (b)  Except as provided by Subsection (c), an occupational
   7-40  disability retirement annuity under this section is an amount, but
   7-41  not more than 100 <80> percent, computed on the basis of the
   7-42  officer's monthly compensation at the time of the disabling injury
   7-43  or disease, times a percentage derived by application of <the table
   7-44  provided by> Section 814.107(b).
   7-45        (d)  The portions <portion> of the annuity under this section
   7-46  payable from the law enforcement and custodial officer supplemental
   7-47  retirement fund are <is> the amount remaining after deduction of
   7-48  any amount payable under Section 814.206, except the portion of an
   7-49  amount that exceeds the minimum payments provided by Section
   7-50  814.206(b) and that is made for service other than as a law
   7-51  enforcement or custodial officer and any amount by which an annuity
   7-52  is increased under Subsection (e).
   7-53        (e)  If a retiring member or retiree under this section
   7-54  presents evidence satisfactory to the retirement system that the
   7-55  person's condition makes the person incapable of gainful occupation
   7-56  and is considered a total disability under federal social security
   7-57  law, the retirement system shall increase the person's occupational
   7-58  disability retirement annuity to 100 percent of the officer's
   7-59  monthly compensation at the time of the disabling injury or disease
   7-60  <Section 815.405 is held to be invalid by a court of competent
   7-61  jurisdiction and the decision becomes final, an annuity may not be
   7-62  paid under this section>.
   7-63        SECTION 18.  Section 814.301, Government Code, is amended by
   7-64  adding Subsection (e) to read as follows:
   7-65        (e)  A beneficiary designation that names a former spouse as
   7-66  beneficiary is invalid for purposes of this section unless the
   7-67  designation is made after the date of the divorce.
   7-68        SECTION 19.  Subsection (a), Section 814.302, Government
   7-69  Code, is amended to read as follows:
   7-70        (a)  If a member eligible to select a death benefit plan
    8-1  under Section 814.301 dies without having made a selection, or if a
    8-2  selection cannot be made effective, the member's designated
    8-3  beneficiary <surviving spouse> may select a plan in the same manner
    8-4  as if the member had made the selection.  If there is no designated
    8-5  beneficiary <surviving spouse>, the personal representative of the
    8-6  decedent's estate may make the selection for the benefit of the
    8-7  decedent's heirs or devisees. In lieu of selecting a death benefit
    8-8  plan, the designated beneficiary <surviving spouse> or, if there is
    8-9  none, the personal representative of the decedent's estate, may
   8-10  elect to receive a refund of contributions and any applicable
   8-11  payment under Section 814.401.
   8-12        SECTION 20.  Subsections (b) and (d), Section 814.401,
   8-13  Government Code, are amended to read as follows:
   8-14        (b)  The benefit provided by this section is payable to the
   8-15  beneficiary designated by the member under Section 814.403(b) <a
   8-16  person designated by the member in a signed document filed with the
   8-17  retirement system>.  If a member does not designate a beneficiary
   8-18  or if the beneficiary designation cannot be made effective <does
   8-19  not survive the member>, the benefit is payable to the member's
   8-20  estate.
   8-21        (d)  A death benefit may not be paid under this section if,
   8-22  at the time of death, a death benefit annuity <under Section
   8-23  814.301> became effective.
   8-24        SECTION 21.  Section 814.403, Government Code, is amended to
   8-25  read as follows:
   8-26        Sec. 814.403.  Return of Contributions.  (a)  Except as
   8-27  provided by Subsection (d) <(c)>, if a member dies before
   8-28  retirement, the amount in the member's individual account in the
   8-29  employees saving account at the time of death is payable as a
   8-30  lump-sum death benefit.
   8-31        (b)  Except as provided by Subsection (c), the <The> benefit
   8-32  provided by this section is payable to a person designated by the
   8-33  member in a signed and witnessed document filed with the retirement
   8-34  system before the member's death.  A designation, change, or
   8-35  revocation of a beneficiary in a will or other document not filed
   8-36  with the retirement system is not effective.  If a member does not
   8-37  designate a beneficiary or if the beneficiary designation cannot be
   8-38  made effective <does not survive the member>, the benefit is
   8-39  payable to the member's estate.
   8-40        (c)  A beneficiary designation that names a former spouse as
   8-41  beneficiary is invalid for purposes of this section unless the
   8-42  designation is made after the date of the divorce.
   8-43        (d)  A death benefit may not be paid under this section if,
   8-44  at the time of death, a death benefit annuity <under Section
   8-45  814.301> became effective.
   8-46        SECTION 22.  Section 814.501, Government Code, is amended by
   8-47  amending Subsection (b) and by adding Subsection (c) to read as
   8-48  follows:
   8-49        (b)  The benefit provided by this section is payable to the
   8-50  beneficiary designated by the member under Section 814.403(b) <a
   8-51  person designated by the retiree in a signed and witnessed document
   8-52  filed with the retirement system>.  If a retiree does not designate
   8-53  a beneficiary or if the beneficiary designation cannot be made
   8-54  effective <does not survive the retiree>, the benefit is payable to
   8-55  the retiree's estate.
   8-56        (c)  A beneficiary designation that names a former spouse as
   8-57  beneficiary is invalid for purposes of this section unless the
   8-58  designation is made after the date of the divorce.
   8-59        SECTION 23.  Subsections (a) and (d), Section 814.603,
   8-60  Government Code, are amended to read as follows:
   8-61        (a)  The retirement system shall make a supplemental payment
   8-62  as provided by Subsection (d) to persons whose annuities are
   8-63  described by Section 814.107, 814.207, 814.305, or 814.601(a) and
   8-64  that are based on service retirements, disability retirements, or
   8-65  deaths.  This supplemental payment is in addition to the regular
   8-66  monthly annuity payment.  Each person who receives an annuity
   8-67  described by this subsection is entitled to receive one payment
   8-68  equal to 10 percent of one month's annuity payment for each fiscal
   8-69  year that preceded or includes the effective date of the
   8-70  requirement or authorization under Subsection (d) and <before the
    9-1  fiscal year beginning September 1, 1993,> in which the annuity has
    9-2  been paid.  A supplemental payment may not exceed 350 percent of a
    9-3  monthly annuity.  <Only a person whose annuity began in the fiscal
    9-4  year ending August 31, 1993, or earlier is eligible for the
    9-5  supplemental payment.>  Supplemental payments under this subsection
    9-6  must comply with Section 811.006.
    9-7        (d)  The retirement system shall make a supplemental payment
    9-8  under this section in the fiscal year ending August 31, 1997.  The
    9-9  board of trustees may by rule authorize similar supplemental
   9-10  payments in succeeding <the> fiscal years <year ending August 31,
   9-11  1995>, if the payments are in compliance with Section 811.006.
   9-12        SECTION 24.  Section 815.006, Government Code, is amended to
   9-13  read as follows:
   9-14        Sec. 815.006.  Compensation; Expenses.  (a)  Notwithstanding
   9-15  Subchapter C of Chapter 659, trustees <Trustees> who are
   9-16  contributing members of the retirement system serve without
   9-17  compensation but are entitled to reimbursement for all actual and
   9-18  necessary expenses that they incur in the performance of official
   9-19  board duties.
   9-20        (b)  Notwithstanding Subchapter C of Chapter 659, subject
   9-21  <Subject> to the approval of the board of trustees, trustees who
   9-22  are not contributing members of the retirement system may receive:
   9-23              (1)  compensation; and
   9-24              (2)  reimbursement for all actual and necessary
   9-25  expenses that they incur in the performance of official board
   9-26  duties.
   9-27        SECTION 25.  The heading of Section 815.110, Government Code,
   9-28  is amended to read as follows:
   9-29        Sec. 815.110.  AUDITS <MANAGEMENT AUDIT>.
   9-30        SECTION 26.  Section 815.110, Government Code, is amended by
   9-31  adding Subsection (e) to read as follows:
   9-32        (e)  The board of trustees annually shall select an
   9-33  independent auditor to perform a financial audit of the retirement
   9-34  system.  The selection shall be made under a competitive bidding
   9-35  process in which the state auditor is eligible to bid.
   9-36        SECTION 27.  Subsection (b), Section 815.301, Government
   9-37  Code, is amended to read as follows:
   9-38        (b)  The board of trustees may delegate its authority under
   9-39  Subsection (a) to the executive director.  The board of trustees or
   9-40  the executive director may, under the standard of care provided by
   9-41  Section 815.307, invest and reinvest any of the retirement system's
   9-42  assets and may commingle assets of the trust fund and the law
   9-43  enforcement and custodial officer supplemental retirement fund with
   9-44  the assets of the Judicial Retirement System of Texas Plan Two for
   9-45  investment purposes, as long as proportionate ownership records are
   9-46  maintained and credited.  Investments may include home office
   9-47  facilities, including land, equipment, and office building, used in
   9-48  administering the retirement system.
   9-49        SECTION 28.  Subchapter F, Chapter 815, Government Code, is
   9-50  amended by adding Section 815.511 to read as follows:
   9-51        Sec. 815.511.  APPEAL OF ADMINISTRATIVE DECISION.  A person
   9-52  aggrieved by a decision of any retirement system administered by
   9-53  the board of trustees denying or limiting membership, service
   9-54  credit, or eligibility for or the amount of benefits payable by a
   9-55  system may appeal the decision to the board.  The appeal is a
   9-56  contested case under the administrative procedure law, Chapter
   9-57  2001.  On judicial appeal the standard of review is by substantial
   9-58  evidence.
   9-59        SECTION 29.  (a)  Except as provided by Subsections (b) and
   9-60  (c) of this section, annuities that are described by Section
   9-61  814.107, 814.207, or 814.305, or Subsection (a), Section 814.601,
   9-62  Government Code, and are based on service retirements, disability
   9-63  retirements, or deaths that occurred before September 1, 1995, are
   9-64  increased by 12.5 percent.
   9-65        (b)  Annuities are increased under Subsection (a) of this
   9-66  section only if the actuary for the Employees Retirement System of
   9-67  Texas certifies, based on an August 31, 1995, actuarial valuation,
   9-68  that all annuity increases and annuity recomputations required or
   9-69  authorized by this Act, together with all other actuarial
   9-70  liabilities resulting from legislation that is enacted by the 74th
   10-1  Legislature in 1995 before August 31 and that has or will become
   10-2  law, will not cause the time required to amortize the unfunded
   10-3  actuarial liabilities of the retirement system to be increased to a
   10-4  period that exceeds 31 years.  For purposes of this subsection, a
   10-5  bill will become law if it has not taken effect but either has been
   10-6  signed by the governor or the time provided for gubernatorial
   10-7  action under Section 14, Article IV, Texas Constitution, has
   10-8  expired without the governor having vetoed the bill.  The increase
   10-9  in annuities under Subsection (a) of this section is payable
  10-10  beginning with the first monthly payments of the annuities that
  10-11  become due after the month in which the actuarial certification
  10-12  required by this subsection is made to the board of trustees of the
  10-13  retirement system.
  10-14        (c)  Retirements that occurred under the provisions of
  10-15  Section 814.1051 or 814.1071, Government Code, are not increased by
  10-16  this section.
  10-17        (d)  The board of trustees of the retirement system shall pay
  10-18  the increased annuities provided by this section from the
  10-19  retirement annuity reserve account of the retirement system and may
  10-20  transfer to that account from the state accumulation account of the
  10-21  retirement system any portion of the amount that exceeds the amount
  10-22  in the retirement reserve account available to finance the
  10-23  increases in benefits, and that is actuarially determined to be
  10-24  necessary to finance the increases, for the duration of the
  10-25  annuities to which the increases apply.
  10-26        SECTION 30.  A member of the Employees Retirement System of
  10-27  Texas who is described by Subsection (e), Section 812.203,
  10-28  Government Code, and who is eligible to select a death benefit plan
  10-29  under Section 814.301, Government Code, may select a plan and
  10-30  designate a beneficiary, who also will be the beneficiary of any
  10-31  optional annuity on the member's retirement, without regard to any
  10-32  rule adopted under Section 804.051, Government Code.  This section
  10-33  expires January 1, 1996.
  10-34        SECTION 31.  (a)  A member of the Employees Retirement System
  10-35  of Texas who is an appointed officer of the 74th House of
  10-36  Representatives of the State of Texas, as determined by the house
  10-37  journal, who has at least 28 years of service credit in the
  10-38  retirement system, and who has attained the age of 50 is eligible
  10-39  to make an election under this section.
  10-40        (b)  A member of the Employees Retirement System of Texas who
  10-41  has at least 18 years of service creditable in the retirement
  10-42  system, who has served as the executive head of a legislative
  10-43  service agency, and who has attained the age of 50 is eligible to
  10-44  make an election under this section.
  10-45        (c)  A member of the elected class of the Employees
  10-46  Retirement System of Texas who did not hold an elective office on
  10-47  May 1, 1995, who has at least seven years of service credit in that
  10-48  class, and who has at least seven years of other service creditable
  10-49  in the retirement system that is not credited in the employee class
  10-50  may make an election under this section.
  10-51        (d)  An election under this section must be made in writing
  10-52  and filed with the Employees Retirement System of Texas before
  10-53  January 1, 1996, and is irrevocable after filing.  A person who
  10-54  makes an election under Subsection (a) of this section must retire
  10-55  on the first effective retirement date that occurs after the date
  10-56  of filing.  After the filing of an election under this section, the
  10-57  retirement system shall consider all the service credit established
  10-58  by the person who makes the election, including service credit
  10-59  established after the date the election is filed, as if it were
  10-60  performed as a member of the elected class of membership.
  10-61        SECTION 32.  Subchapter A, Chapter 830, Government Code, is
  10-62  amended by adding Section 830.0011 to read as follows:
  10-63        Sec. 830.0011.  DEFINITION.  Notwithstanding Section 821.001,
  10-64  in this chapter "retirement system" means the Teacher Retirement
  10-65  System of Texas or the Employees Retirement System of Texas, as the
  10-66  context requires.
  10-67        SECTION 33.  Section 830.106, Government Code, is amended to
  10-68  read as follows:
  10-69        Sec. 830.106.  Eligibility for Resumption of Membership.  A
  10-70  participant in the optional retirement program is not eligible for
   11-1  membership in the retirement system unless the person:
   11-2              (1)  terminates employment covered by the optional
   11-3  retirement program; and
   11-4              (2)  becomes employed in the public school system or
   11-5  with a state agency in a position that is not eligible for
   11-6  participation in the optional retirement program.
   11-7        SECTION 34.  Subchapter B, Chapter 833, Government Code, is
   11-8  amended by adding Section 833.1031 to read as follows:
   11-9        Sec. 833.1031.  MILITARY SERVICE CREDIT GOVERNED BY UNIFORMED
  11-10  SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT.  The retirement
  11-11  system may adopt rules to comply with the Uniformed Services
  11-12  Employment and Reemployment Rights Act (38 U.S.C. Section 4301 et
  11-13  seq.) and other federal laws affecting the crediting of military
  11-14  service.
  11-15        SECTION 35.  Subchapter B, Chapter 838, Government Code, is
  11-16  amended by adding Section 838.1031 to read as follows:
  11-17        Sec. 838.1031.  MILITARY SERVICE CREDIT GOVERNED BY UNIFORMED
  11-18  SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT.  The retirement
  11-19  system may adopt rules to comply with the Uniformed Services
  11-20  Employment and Reemployment Rights Act (38 U.S.C. Section 4301 et
  11-21  seq.) and other federal laws affecting the crediting of military
  11-22  service.
  11-23        SECTION 36.  Subdivisions (2) and (5), Subsection (a),
  11-24  Section 3, Texas Employees Uniform Group Insurance Benefits Act
  11-25  (Article 3.50-2, Vernon's Texas Insurance Code), are amended to
  11-26  read as follows:
  11-27              (2)  "Annuitant" shall mean an officer or employee who
  11-28  retires under:
  11-29                    (A)  the jurisdiction of the Employees Retirement
  11-30  System of Texas and either receives an annuity or is eligible to
  11-31  receive an annuity, pursuant to Subtitle B, D, or E of Title 8,
  11-32  Government Code, or Chapter 803, Government Code, that is based on
  11-33  at least 10 years of service credit or eligibility under Section
  11-34  814.002 or 814.102, Government Code;
  11-35                    (B)  the jurisdiction of the Teacher Retirement
  11-36  System of Texas and either receives an annuity or is eligible to
  11-37  receive an annuity, pursuant to Subtitle C, Title 8, Government
  11-38  Code, or Chapter 803, Government Code, that is based on at least 10
  11-39  years of service credit, whose last state employment prior to
  11-40  retirement, including employment by a public community/junior
  11-41  college, was as an employee of a department whose employees are
  11-42  authorized to participate in the Texas employees uniform group
  11-43  insurance program <the Teacher Retirement System of Texas, school
  11-44  districts established within state eleemosynary institutions, the
  11-45  Texas Rehabilitation Commission, the Central Education Agency, the
  11-46  Texas Higher Education Coordinating Board, or an institution of
  11-47  higher education>;
  11-48                    (C)  the optional retirement program established
  11-49  by Chapter 830, Government Code, and either receives an annuity or
  11-50  is eligible to receive an annuity under that program, if the
  11-51  person's last state employment before retirement, including
  11-52  employment by a public community/junior college, was as an <officer
  11-53  or> employee of  a department whose employees are authorized to
  11-54  participate in the Texas employees uniform group insurance program
  11-55  and if the person either:
  11-56                          (i)  would have been eligible to retire and
  11-57  receive a service retirement annuity from the Teacher Retirement
  11-58  System of Texas or the Employees Retirement System of Texas based
  11-59  on at least 10 years of service credit had the person not elected
  11-60  to participate in the optional retirement program; or
  11-61                          (ii)  is disabled as determined by the
  11-62  Employees Retirement System of Texas <the Texas Higher Education
  11-63  Coordinating Board or an institution of higher education>; or
  11-64                    (D)  any other federal or state statutory
  11-65  retirement program to which an institution of higher education has
  11-66  made employer contributions, if the employee has met service
  11-67  requirements, age requirements, and other applicable requirements
  11-68  comparable to the requirements for retirement under the Teacher
  11-69  Retirement System of Texas, based on at least 10 years of service
  11-70  credit<, and if the person either:>
   12-1                          <(i)  would have been eligible to retire
   12-2  and receive a service retirement annuity from the Teacher
   12-3  Retirement System of Texas based on at least 10 years of service
   12-4  credit had the person not elected to participate in the optional
   12-5  retirement program; or>
   12-6                          <(ii)  is disabled>.
   12-7              (5)(A)  "Employee" shall mean any appointive or
   12-8  elective <state> officer or employee in the service of the State of
   12-9  Texas, including an employee of an institution of higher education:
  12-10                          (i)  who is retired or retires and is an
  12-11  annuitant under the jurisdiction of the Employees Retirement System
  12-12  of Texas, pursuant to Subtitle B, D, or E;
  12-13                          (ii)  <, or Chapter 803, Title 8,
  12-14  Government Code,> who is retired or retires and is an annuitant
  12-15  under the jurisdiction of the Teacher Retirement System of Texas,
  12-16  pursuant to Subtitle C, Title 8, Government Code, or pursuant to
  12-17  Chapter 803, Government Code, and whose last employment with the
  12-18  state prior to retirement, including employment by a public
  12-19  community/junior college, was as an employee of  a department whose
  12-20  employees are authorized to participate in the Texas employees
  12-21  uniform group insurance program <the Teacher Retirement System of
  12-22  Texas, school districts established within state eleemosynary
  12-23  institutions, the Texas Rehabilitation Commission, the Central
  12-24  Education Agency, the Texas Higher Education Coordinating Board, or
  12-25  an institution of higher education, or who is retired or retires
  12-26  and is an annuitant under the optional retirement program
  12-27  established by Chapter 830, Government Code, if the person's last
  12-28  state employment before retirement, including employment by a
  12-29  public community/junior college, was as an officer or employee of
  12-30  the Texas Higher Education Coordinating Board, or an institution of
  12-31  higher education, and if the person either:>
  12-32                                <(a)  would have been eligible to
  12-33  retire and receive a service retirement annuity from the Teacher
  12-34  Retirement System of Texas had the person not elected to
  12-35  participate in the optional retirement program; or>
  12-36                                <(b)  is disabled>;
  12-37                          (iii)  who is retired or retires and is an
  12-38  annuitant under the optional retirement program established by
  12-39  Chapter 830, Government Code, if the person's last state employment
  12-40  before retirement, including employment by a public
  12-41  community/junior college, was as an employee of a department whose
  12-42  employees are authorized to participate in the Texas employees
  12-43  uniform group insurance program, and if the person either:
  12-44                                (a)  would have been eligible to
  12-45  retire and receive a service retirement annuity from the Teacher
  12-46  Retirement System of Texas or the Employees Retirement System of
  12-47  Texas had the person not elected to participate in the optional
  12-48  retirement program; or
  12-49                                (b)  is disabled as determined by the
  12-50  Employees Retirement System of Texas;
  12-51                          (iv) <(ii)>  who receives <his>
  12-52  compensation for services rendered to the State of Texas, other
  12-53  than an employee of an institution of higher education described by
  12-54  this subdivision, on a warrant issued pursuant to a payroll
  12-55  certified by a department or by an elected or duly appointed
  12-56  officer of this state;
  12-57                          (v) <(iii)>  who receives payment for the
  12-58  performance of personal services on a warrant issued pursuant to a
  12-59  payroll certified by a department and drawn by the State
  12-60  Comptroller of Public Accounts upon the State Treasurer against
  12-61  appropriations made by the Texas Legislature from any state funds
  12-62  or against any trust funds held by the State Treasurer or who is
  12-63  paid from funds of an official budget of a state department, rather
  12-64  than from funds of the General Appropriations Act;
  12-65                          (vi) <(iv)>  who is appointed, subject to
  12-66  confirmation of the senate, as a member of a board or commission
  12-67  with administrative responsibility over a statutory agency having
  12-68  statewide jurisdiction whose employees are covered by this Act;
  12-69                          (vii) <(v)>  who is a member of the
  12-70  governing body of an institution of higher education, as that term
   13-1  is defined by this Act <Section 61.003, Education Code, including
   13-2  subsequent amendments to that section>;
   13-3                          (viii) <(vi)>  who is a member of the State
   13-4  Board of Education;
   13-5                          (ix) <(vii)>  who receives compensation for
   13-6  services rendered to an institution of higher education on a
   13-7  warrant or check issued pursuant to a payroll certified by an
   13-8  institution of higher education or by an elected or duly appointed
   13-9  officer of this state, and who is eligible for participation in the
  13-10  Teacher Retirement System of Texas; or
  13-11                          (x) <(viii)>  who receives compensation for
  13-12  services rendered to an institution of higher education as provided
  13-13  by this subdivision but is not permitted to be a member of the
  13-14  Teacher Retirement System of Texas because the person is solely
  13-15  employed by an institution of higher education that as a condition
  13-16  of employment requires the person to be enrolled as a student in an
  13-17  institution of higher education in graduate-level courses and who
  13-18  is employed by the institution at least 20 hours a week.
  13-19                    (B)  Persons performing personal services for the
  13-20  State of Texas as independent contractors shall never be considered
  13-21  employees of the state for purposes of this Act.
  13-22        SECTION 37.  Section 4B, Texas Employees Uniform Group
  13-23  Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
  13-24  Code), is amended by adding Subsection (a-1) and by amending
  13-25  Subsection (c) to read as follows:
  13-26        (a-1)  If the executive director determines that a
  13-27  participant has obtained coverage under any program provided under
  13-28  the authority of this Act through the use of any material
  13-29  misrepresentation or fraud or has fraudulently induced the
  13-30  extension of coverage by making a material misrepresentation or by
  13-31  supplying false information on any application for coverage or
  13-32  related documentation or in any communication, the executive
  13-33  director may rescind the coverage to the date of the inception of
  13-34  the coverage or to the date of the fraudulent act or material
  13-35  misrepresentation, deny any claim arising out of the fraudulently
  13-36  induced coverage, or both.  Remedies available to the executive
  13-37  director under this subsection are in addition to and independent
  13-38  of any expulsion action that may be instituted under Section 13A of
  13-39  this Act.  A decision of the executive director under this
  13-40  subsection may be appealed to the trustee as provided by Subsection
  13-41  (c) of this section.
  13-42        (c)  A decision by the executive director under Subsection
  13-43  (a) or (a-1) of this section may be appealed only to the trustee.
  13-44  An appeal to the trustee is a contested case under the
  13-45  administrative procedure law, Chapter 2001, Government Code.
  13-46  Standing to pursue an administrative appeal under this section is
  13-47  limited to employees, annuitants, and covered dependents
  13-48  participating in the Texas employees uniform group insurance
  13-49  program or, after the death of a participant, to the participant's
  13-50  estate, personal representative, heirs at law, or designated
  13-51  beneficiary <Administrative Procedure and Texas Register Act
  13-52  (Article 6252-13a, Vernon's Texas Civil Statutes)>.
  13-53        SECTION 38.  Subsection (f), Section 5, Texas Employees
  13-54  Uniform Group Insurance Benefits Act (Article 3.50-2, Vernon's
  13-55  Texas Insurance Code), is amended to read as follows:
  13-56        (f)  The trustee, in its sole discretion and in accordance
  13-57  with the requirements of this section, shall determine those plans
  13-58  of coverages for which the trustee does not intend to purchase
  13-59  insurance and which it intends to provide directly from the
  13-60  Employees Life, Accident, and Health Insurance and Benefits Fund.
  13-61  Any plan of coverages for which the trustee does not purchase
  13-62  insurance but provides under this Act on a self-funded basis is
  13-63  exempt from any other insurance law unless the law expressly
  13-64  applies to this plan or this Act.  The trustee shall make an
  13-65  estimate of the unrestricted balance of the fund.  Unless such
  13-66  estimated unrestricted balance is equal to at least 10 percent of
  13-67  the total benefits expected to be provided directly from the fund
  13-68  as a result of claims incurred during the fiscal year, the trustee
  13-69  shall include in the contributions required the amount necessary to
  13-70  establish an unrestricted balance in the fund of not less than 10
   14-1  percent.  The unrestricted balance shall be placed in a contingency
   14-2  reserve fund to provide for adverse fluctuations in future charges,
   14-3  claims, costs, or expenses of the program.
   14-4        SECTION 39.  Section 13A, Texas Employees Uniform Group
   14-5  Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
   14-6  Code), is amended to read as follows:
   14-7        Sec. 13A.  Expulsion From Group Insurance Program.
   14-8  (a)  After notice and hearing as provided by this section, the
   14-9  trustee may expel from participation in the Texas employees uniform
  14-10  group insurance program any employee, annuitant, or dependent who
  14-11  submits a fraudulent claim or application for coverage under or has
  14-12  defrauded or attempted to defraud any health maintenance
  14-13  organization or insurance or benefits plan offered under the
  14-14  program.
  14-15        (b)  On receipt of a complaint or on its own motion, the
  14-16  trustee may call and hold a hearing to determine whether <or not>
  14-17  an employee, annuitant, or dependent has submitted a fraudulent
  14-18  claim or application for coverage under or has defrauded or
  14-19  attempted to defraud any health maintenance organization or
  14-20  insurance or benefits plan offered under the Texas employees
  14-21  uniform group insurance program.
  14-22        (c)  A proceeding under this section is a contested case
  14-23  under the administrative procedure law, Chapter 2001, Government
  14-24  Code <Administrative Procedure and Texas Register Act (Article
  14-25  6252-13a, Vernon's Texas Civil Statutes)>.
  14-26        (d)  At the conclusion of the hearing, if the trustee issues
  14-27  a decision that finds that the accused employee, annuitant, or
  14-28  dependent submitted a fraudulent claim or application for coverage
  14-29  or has defrauded or attempted to defraud any health maintenance
  14-30  organization or insurance or benefits plan offered under the Texas
  14-31  employees uniform group insurance program, the trustee shall expel
  14-32  the employee, annuitant, or dependent from participation in the
  14-33  program.
  14-34        (e)  An appeal of a decision of the trustee under this
  14-35  section is under the substantial evidence rule.
  14-36        (f)  An employee, annuitant, or dependent expelled from the
  14-37  Texas employees uniform group insurance program may not participate
  14-38  in a health maintenance organization or be insured under <by> any
  14-39  <health> insurance or benefits plan offered by the program for a
  14-40  period determined by the trustee of not more than five years from
  14-41  the date the expulsion from the program takes effect.
  14-42        SECTION 40.  Subsection (a), Section 14, Texas Employees
  14-43  Uniform Group Insurance Benefits Act (Article 3.50-2, Vernon's
  14-44  Texas Insurance Code), is amended to read as follows:
  14-45        (a)  The trustee shall use the amount appropriated for
  14-46  employer contributions in accordance with Section 15 of this Act
  14-47  <and Subsection (a-1) of this section> to fund the basic coverage.
  14-48  The trustee may equitably allocate to each health benefits plan the
  14-49  employer contributions that would be required to fund basic health
  14-50  coverage for participants in the plans to the extent funds are
  14-51  available.   In allocating the employer contributions among plans,
  14-52  the trustee shall consider the relevant risk characteristics of
  14-53  each plan's enrollment, including demographic variations in the use
  14-54  and cost of health care and the prevailing cost patterns in the
  14-55  area in which the plan operates.  The allocation must be reasonable
  14-56  and set in a manner which assures employees a fair choice among
  14-57  health benefit plans providing a basic plan.  The contribution set
  14-58  for each employee shall be within the total amount appropriated in
  14-59  the General Appropriations Act.
  14-60        SECTION 41.  Section 609.507, Government Code, is amended to
  14-61  read as follows:
  14-62        Sec. 609.507.  Financial Institution as Qualified Vendor.
  14-63  <(a)>  Each bank or savings and loan association that is a
  14-64  qualified vendor is not required to comply with Chapter 404 with
  14-65  regard to deferrals and investment income, but shall comply with
  14-66  plan rules that deal with vendors and investment products <shall:>
  14-67              <(1)  treat deferred amounts and investment income as
  14-68  state funds; and>
  14-69              <(2)  comply with Chapter 404.>
  14-70        <(b)  The state treasurer shall monitor each bank or savings
   15-1  and loan association that is a qualified vendor for compliance with
   15-2  Chapter 404.  The state treasurer shall immediately notify the
   15-3  board of trustees of a violation of that chapter that the treasurer
   15-4  observes.>
   15-5        <(c)  The board of trustees is entitled to rely on the
   15-6  supervision of the state treasurer>.
   15-7        SECTION 42.  The following provisions are repealed:
   15-8              (1)  Subsection (h), Section 814.107, Government Code;
   15-9              (2)  Section 815.108, Government Code;
  15-10              (3)  Subsection (g), Section 815.403, Government Code;
  15-11  and
  15-12              (4)  Subsection (a-1), Section 14, Texas Employees
  15-13  Uniform Group Insurance Benefits Act (Article 3.50-2, Vernon's
  15-14  Texas Insurance Code).
  15-15        SECTION 43.  (a)  The Employees Retirement System of Texas
  15-16  shall recompute each annuity that is based on the service of a
  15-17  person who has retired under Section 814.1071, Government Code, to
  15-18  include an amount, proportional to the amount authorized for each
  15-19  year of credit under Section 814.107, Government Code, for each
  15-20  whole month of credit as a law enforcement or custodial officer
  15-21  that was not used in the original computation of the annuity.
  15-22        (b)  The increases in annuities provided by this Act are
  15-23  payable, from the law enforcement and custodial officer
  15-24  supplemental retirement fund, beginning with the first payments of
  15-25  the annuities that become due on or after September 1, 1995.
  15-26        SECTION 44.  This Act takes effect September 1, 1995.
  15-27        SECTION 45.  The importance of this legislation and the
  15-28  crowded condition of the calendars in both houses create an
  15-29  emergency and an imperative public necessity that the
  15-30  constitutional rule requiring bills to be read on three several
  15-31  days in each house be suspended, and this rule is hereby suspended.
  15-32                               * * * * *