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).