SBW C.S.H.B. 209 75(R)BILL ANALYSIS


PENSIONS & INVESTMENTS
C.S.H.B. 209
By: Puente
3-26-97
Committee Report (Substituted)



BACKGROUND 

H.B. 209 relates to the benefits for surviving spouses of deceased members
of the Teacher Retirement System of Texas.  Surviving spouses of deceased
members of the Teacher Retirement System were not allowed to receive
monthly survivor benefits upon remarrying.  In 1980 the law changed
allowing surviving spouses to be eligible to receive monthly survivor
benefits after a remarriage.  However, the change in 1980 did not include
the surviving spouses who had remarried prior to 1980.  The 73rd
Legislature enacted legislation to allow those who remarried before 1980
to receive surviving spouses benefits beginning September 1, 1993. 


PURPOSE

H.B. 209 will provide for the retroactive payment of survivor benefits
foregone by the old remarriage provision.  The eligible person will be
paid in a lump sum determined by the number of months the person was 65
years of age or older and was ineligible to receive benefits due to past
law. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 824.4041(b), Government Code by the addition of
Subdivisions (2), (3), (4), and (5). 

(2) is amended by adding language to clarify the process in which an
eligible person would receive monthly survivor benefits retroactively.
The person will be awarded $75 a month according to the number of months
the person did not receive the monthly survivor benefits after they were
65 years of age or older, beginning on the date they were remarried, if
this date fell before August 31, 1980.  

(3) is amended by adding language to clarify the process in which the
eligible person would receive monthly survivor benefits which they did not
receive under old law.  The person is rewarded retroactively $100 a month
for the number of months the person did not receive monthly survivor
benefits after they were 65 years of age or older, beginning on the date
the person was remarried, or September 1, 1980, whichever is the later
date.  This period ends on the last day of the month the person is
verified as eligible to receive benefits under this section. 

(4) is amended by the addition of the language to describe the payment to
the eligible person by lump sum of the amount computed in Subdivision (2)
plus the amount computed in Subdivision (3). 

(5) is amended by renaming Subdivision (2) as Subdivision (5), requiring
payment to the eligible. 

SECTION 2.  Emergency Clause.
 
COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute bill corrects the dates regarding the remarriage of a
person who is entitled to survivor benefits under the Teacher Retirement
System.  The year in the original bill was 1979, and the new bill corrects
the year to 1980 in SECTION 1, Subsection (b), Subdivisions (1) and (2).