SRC-AAA C.S.S.B. 222 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 222
By: Sibley
Jurisprudence
2-10-97
Committee Report (Substituted)


DIGEST 

Currently, an elected prosecutor contributes 6 percent of his or her gross
salary each month to a retirement account.  A participant in the system
with at least 12 years service credit is allowed to retire at age 50 or 60
with at least 8 years of service credit.  A judge contributes the same
amount of his or her salary.  However, upon retirement a district judge
can receive nearly 50 percent greater benefits than an equally tenured
prosecutor.    This bill amends the existing law to change the multiplier
used in calculating state-paid prosecutor retirement benefits to a
graduated scale.  This change will bring about parity for district
attorney benefits compared to those received by a judge with similar years
service credit. 

PURPOSE

As proposed, C.S.S.B. 222  provides a formula to calculate the amount of a
standard service retirement annuity for a district or criminal district
attorney. 

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 Chapter 814B, Government Code, by adding Section
814.1031, as follows: 

Sec. 814.1031. SERVICE RETIREMENT BENEFITS FOR SERVICE AS DISTRICT OR
CRIMINAL DISTRICT ATTORNEY OR COUNTY ATTORNEY WITH DISTRICT ATTORNEY
DUTIES.  Provides that the standard service retirement annuity for service
performed as a district or criminal district attorney or county attorney
performing the duties of a district attorney is an amount equal to the
number of years of service credit, multiplied by a percentage of the state
salary, adjusted from time to time. Sets forth the schedule from which the
percentages are derived. Provides the percentages of the state salary.
Prohibits the service retirement annuity for service performed as a
district or criminal district attorney or county attorney performing the
duties of a district attorney from exceeding at any time 100 percent of
the state salary being paid a district judge. 

SECTION 2. Amends Section 812.002(a), Government Code, to provide that
membership in the elected class of the retirement system is limited to
district or criminal district attorneys and county attorneys performing
the duties of a district attorney, among others. 

SECTION 3. Amends Section 814.108(a), Government Code, to make conforming
changes. 

SECTION 4. Provides that the change in law by this Act to Section
812.002(a), Government Code, is intended to clarify the law that was in
effect before the effective date of this Act. 

SECTION 5. Effective date: September 1, 1997.

SECTION 6. Emergency clause.


 
SUMMARY OF COMMITTEE CHANGES

Amends SECTION 1, Section 814.1031, Government Code, to add a county
attorney with district attorney duties to the list of persons whose
calculations for service retirement annuities would be affected. 

Amends SECTION 2,  Section 812.002(a), Government Code,  to make a
conforming change. 

Amends SECTION 4, to provide that changes in Section 812.002(a),
Government Code,  were intended to clarify the law. 

Amends SECTIONS 3 and 5 and adds SECTION 6, by redesignating them from
SECTIONS 2, 3, and 4.