SBW H.B. 724 75(R)BILL ANALYSIS PENSIONS & INVESTMENTS H.B. 724 By: Serna 3-5-97 Committee Report (Unamended) BACKGROUND Over the years, Texas Faculty Association has received complaints from faculty members at different public colleges and universities that their Optional Retirement Program (ORP) contributions were being transmitted to their annuity companies in an untimely manner. Since ORP is a defined contribution plan (unlike the Teacher's Retirement System, which is a defined benefit plan), untimely payments can mean a loss of retirement income for individual faculty members. Institutions of higher education are neither required to transfer retirement funds electronically nor to pay a penalty for transmitting the money in an untimely manner for ORP participants. PURPOSE This bill decreases the amount of time colleges and universities have to remit ORP contributions from ten to three days. 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 830.202, Government Code, by amending Subsection (c) and adding Subsections (e) and (f). (c) is amended by clarifying the time limit in which the disbursing officer has to pay contributions to a company providing an ORP to be no later than three days after the funds become legally available. The disbursing officer, if possible, should send the state and participants' contributions together, but, if it is not possible, the participants' contributions shall be sent at the time of withholding, and the state's will be sent upon receipt from the comptroller. (e) is amended by adding language to define the duties of the disbursing officer of an institution of higher learning, or of the TEA, to include sending contributions to a company providing an ORP for that institution by electronic transfer, or send contributions by paper check if the company is not able to receive funds by electronic transfer. (f) is amended by adding language to clarify that the institution of higher learning or the TEA must give notice to each participant in the ORP, at least once every fiscal year, to indicate which companies cannot receive funds electronically. SECTION 3. Effective date is September 1,1997. SECTION 4. Emergency Clause.