SRC-JFA H.B. 2644 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2644
By: Telford (Armbrister)
State Affairs
4-30-97
Engrossed


DIGEST 

Currently, the Teacher Retirement System of Texas (retirement system)
provides retirement benefits to 150,000 annuitants and has more than
660,000 active and deferred vested members.  The Legislative Audit
Committee commissioned a study during the last interim that recommended
changes to the retirement system in order to give it flexibility in
administering the insurance plan specified by law.  This bill would
implement some of those recommended changes.  Additionally, this bill
would clarify the law, delete unnecessary language, update designations in
current law, and provide for the third in a series of ad hoc increases for
retirees.    

PURPOSE

As proposed, H.B. 2644 revises and clarifies provisions relating to the
systems and programs administered by the Teacher Retirement System of
Texas.   

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 822.005(c), Government Code, to prohibit a
person who is employed in a position covered by the Teacher Retirement
System of Texas (retirement system), among others, from withdrawing
contributions. 

SECTION 2. Amends Section 822.201(c), Government Code, to delete text
providing that excluded from salary and wages are payments received in the
1995-1996 or a subsequent school year for teaching a driver education and
traffic safety course, among other items.   

SECTION 3. Amends Section 823.202(b), Government Code, to delete reference
to membership fees.   

SECTION 4. Amends Section 823.301(b), Government Code, to authorize
service to be established in one-year increments except as otherwise
provided by this subchapter.   

SECTION 5. Amends Section 823.3021(d), Government Code, to make a
nonsubstantive change.  

SECTION 6. Amends Section 823.303, Government Code, to provide that a
member who performs military service creditable in the retirement system
but who does not establish credit for the service by making the deposits
required by Section 823.302 is entitled to credit of a year for each year
of military service performed, if the member requests the credit in
writing before the later of the date of application for retirement or the
effective date of retirement.   

SECTION 7. Amends Sections 823.401(a) and (d), Government Code, to provide
that a school receiving funds under 22 U.S.C. Section 2701 is considered a
public school for the purposes of this section.  Authorizes a member to
establish credit under this section by depositing with the retirement
system for each year of service claimed a contribution computed at the
rate of 12 percent of the fulltime rate of the member's annual
compensation, plus any additional eligible compensation received, during
the first year of service for which the member received membership credit
in the retirement  system that is both after the service for which credit
is sought and after September 1, 1956, among other rates.  Makes
conforming changes.   

SECTION 8. Amends Section 823.402(e), Government Code, to make conforming
changes. 

SECTION 9. Amends Section 823.501, Government Code, by amending
Subsections (b) and (c), and by adding Subsections (e) and (f), to provide
that a person eligible to reinstate service credit under this section is
one who is a contributing member of the retirement system at the time the
service is reinstated, rather than one who resumes membership service in
the retirement system. Authorizes a member to reinstate canceled credit
under this section by depositing with the retirement system the amount
withdrawn or refunded; plus a reinstatement fee of six percent, compounded
annually, of the amount withdrawn or refunded from the date of withdrawal
or refund to the date of redeposit.  Deletes text authorizing the
reinstatement of cancelled credit by the depositing of membership fees for
the period that membership was terminated.  Provides that service credit
cancelled by a withdrawal of contributions not authorized by Section
822.005 is required to be reinstated under this section.  Authorizes a
contributing member to have an account that was terminated by absence from
service reactivated by requesting the reactivation in writing.  Authorizes
the beneficiary of a decedent who was a contributing member at the time of
death to have an account that was terminated by the decedent's absence
from service reactivated by requesting the reactivation in writing before
the first anniversary of the decedent's death.    

SECTION 10. Amends Section 823.502(c), Government code, to make conforming
changes. 

SECTION 11. Amends Section 824.1011(a), Government Code, to authorize a
retiree who is receiving a standard service or disability retirement
annuity under Section 824.203 or 824.304(b) and who marries after the date
of the person's retirement to replace the annuity by selecting an optional
retirement annuity under Section 824.204(c)(1), (c)(2), or (c)(5) or under
Section 824.308(c)(1), (c)(2), or (c)(5), as applicable, among other
conditions.   

SECTION 12. Amends Sections 824.202(a) and (c), Government Code, to
provide that a member is eligible to retire and receive a standard service
retirement annuity if, among other options, the sum of the member's age
and amount of service credit in the retirement system equal the number 80.
Revises the table setting forth the reduced retirement annuity certain
members are eligible to receive upon retirement.   

SECTION 13. Amends Section 824.203(d), Government Code, to prohibit the
standard service retirement annuity from being less than $150 a month,
rather than being less than $6.50 a month for each year of service credit
or, for a member who is at least 65 years old at the time of retirement,
less than the greater of $6.50 a month for each year of service credit, or
$150 a month.   

SECTION 14. Amends Section 824.204(d), to require a reduced annuity of a
retiree who has elected an optional service retirement annuity under
Subsection (c)(1), (c)(2), or (c)(5), under certain conditions, to be
increased to the standard service retirement annuity that the retiree
would otherwise be entitled to receive if the retiree had not selected
that annuity option.  

SECTION 15. Amends Section 824.304, Government Code, by amending
Subsection (b) and by adding Subsection (d), to delete text requiring the
retirement system to pay a certain person for the duration of the
disability a disability retirement annuity in an amount equal to the
greater of $6.50 a month for each year of service credit on the date of
retirement, among other values.  Provides that the minimum benefits
provided by this section are subject to reduction in the same manner as
other benefits because of the selection of an optional retirement annuity. 

SECTION 16. Amends Section 825.206, Government Code, by adding Subsection
(f), to require an actuarial audit to be performed in conjunction with an
actuarial experience study or at least once every  five years.  Requires
the audit to include certain information.  

SECTION 17. Amends Section 825.207, Government Code, as follows: 

Sec. 825.207.  New heading:  COMPTROLLER.  Provides that except as
provided by  Section 825.302 or 825.303 or by Subsection (e), the
comptroller, rather than the state treasurer, is the custodian of all
securities and cash of the retirement system.  Makes conforming and
nonsubstantive changes.   

SECTION 18. Amends Sections 825.209(a), (b), and (c), Government Code, to
require the comptroller to give a surety bond in an amount of at least
$50,000.  Authorizes the board of trustees (board) to require any trustee
or employee of the board to give a surety bond in an amount determined by
the board and to increase the minimum amount of a bond required by
Subsection (a) or (b).  Deletes text excluding the executive director of
the board from being required by the board to give a surety bond.  Makes
conforming changes. 

SECTION 19. Amends Sections 825.410(a) and (c), Government Code, to delete
text referring to Sections 823.202 and 823.402, Government Code.
Prohibits the member, if the retirement system refunds payments pursuant
to this subsection, from being permitted to use the installment method of
payment for the same service for three years after the date of the refund.
Provides that a member who requests and receives a refund of installment
payments also is not permitted to use the installment method for payment
for the same service for three years after the date of the refund.
Requires all installment payments to be made on or before the service
retirement date or the last day of the month in which the member's
application for service retirement is submitted, whichever is later, or
before the 31st day following the date on which the medical board
certifies a member's disability.   

SECTION 20. Amends Section 825.512(e), Government Code, to require the
retirement system to submit an annual investment performance report no
later than the 45th day after the end of, rather than the 25th day of the
month following, each fiscal year to certain government officials,
committees, and government boards. 

SECTION 21. Amends Chapter 825F, Government Code, by adding Section
825.516, as follows: 

Sec. 825.516.  NONPROFIT ASSOCIATION DUES.  Authorizes a retiree who is
receiving an annuity from the retirement system to request the system to
withhold from the retiree's monthly annuity payment membership dues for a
nonprofit association of retired school employees in this state.  Requires
the request for withholding to be on a form provided by the retirement
system.  Requires the retirement system, after the retirement system
receives a request authorized by this section, to make the requested
deductions until the earlier of the date the annuity is terminated; or the
first payment of the annuity after the date the system receives a written
request signed by the retiree canceling the request for the withholding.
Requires the retirement system to send all dues withheld under this
section to the nonprofit association after each monthly payment of
annuities.     

SECTION 22. Amends the heading of Article 3.50-4, Insurance Code, as
follows: 

ARTICLE 3.50-4.  New heading:  TEXAS PUBLIC SCHOOL EMPLOYEES
GROUP INSURANCE PROGRAM

SECTION 23. Amends Sections 7A(a) and (e), Article 3.50-4, Insurance Code,
to authorize, rather than prohibit, a public school district from offering
an alternative health benefit plan to its active employees during the
period of its participation in the program if the Teacher Retirement
System of Texas (trustee) approves the plan as providing contributions,
participation, and a design that are in accordance with sound group
benefit underwriting principles.  Requires each participating school
district to contribute for each district employee covered by the program
an amount equal to no less than 75 percent of the cost for the employee
only of the plans of group coverages authorized by the trustee for active
employees.  Requires the district to certify to the trustee the amount the
district will contribute monthly toward the cost of coverage.  Requires
the trustee to determine if the amount is sufficient to underwrite the
plan for the district based on sound group benefit underwriting
principles.  Provides that a determination by the trustee under this
subsection is final.  Deletes text setting forth a limitation upon a
school district's contribution. 

SECTION 24. Amends Section 8, Article 3.50-4, Insurance Code, as follows:
 
Sec. 8.  New heading:  PURCHASE OF GROUP HEALTH CARE BENEFITS.  Provides
that the trustee has authority to establish one or more plans that are
self-insured.  Authorizes the coverages, rather than group insurance
coverages, provided under the plan or plans to include, among other items,
long-term care coverage.  Authorizes the trustee to contract for and make
available to all retirees, dependents, surviving spouses, and surviving
dependent children optional group health benefit plans, rather than group
health insurance benefit plans, in addition to the basic plans.  Deletes
existing Subsection (f).  Deletes text authorizing contracts between the
trustee and carriers for the group insurance pool to provide for
renegotiation.  Requires each contract to be based on the terms and
conditions agreed on between the trustee and the entity, rather than
carrier or carriers, selected to provide the coverage, rather than
insurance coverage, and benefits.  Requires any contract for group
benefits, rather than group insurance, awarded by the trustee to meet the
minimum benefit and financial standards adopted by the trustee.
Authorizes the trustee to contract directly with health care providers,
including health maintenance organizations, preferred provider
organizations, carriers, administrators, and other qualified vendors, to
provide benefits in the program.  Deletes text regarding certain benefits.
Makes conforming and nonsubstantive changes.   

SECTION 25.  Amends Section 15(c), Article 3.50-4, Insurance Code, to
delete text prohibiting expenses from exceeding a certain amount.   

SECTION 26. Amends Section 16(b), Article 3.50-4, Insurance Code, to
require the state to contribute as the state's contribution to the fund
each fiscal year an amount equal to .50 percent of the salary of each
active employee.  Authorizes the state to contribute amounts in addition
to the contribution required by this subsection.  Deletes Subsections
(b)(1)-(5).   

SECTION 27. (a)  Provides that monthly payments of a death or retirement
benefit annuity by the Teacher Retirement System are increased beginning
with the payment due at the end of September 1997.   

(b)  Provides that the increase does not apply to payments under Section
824.304(a), 824.404, or 824.501, Government Code.  

(c)  Sets forth the table to be used in computing the amount of the
monthly increase.  

SECTION 28. Makes application of Section 822.201(c), Government Code, as
amended by this Act, prospective.  

SECTION 29. Effective date: September 1, 1997.

SECTION 30. Emergency clause.