By Maxey                                         H.B. No. 934

      75R3155 GCH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to retirement benefits for certain members and  annuitants

 1-3     of the employee class of the Employees Retirement System of Texas.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter B, Chapter 814, Government Code, is

 1-6     amended by adding Section 814.1051 to read as follows:

 1-7           Sec. 814.1051.  TEMPORARY RETIREMENT INCENTIVE FOR EMPLOYEE

 1-8     CLASS.  (a)  Instead of the standard service retirement annuity

 1-9     payable under Section 814.105, a member who retires under this

1-10     section is entitled to a standard service retirement annuity for

1-11     service credited in the employee class of membership in an amount

1-12     computed as the member's average monthly compensation for service

1-13     in that class for the 36 highest months of compensation multiplied

1-14     by 2.25 percent for each year of service credit in that class.

1-15           (b)  A member eligible to retire under this section is one

1-16     who:

1-17                 (1)  meets minimum age and service requirements under

1-18     Section 814.104;

1-19                 (2)  applies for service retirement;

1-20                 (3)  holds a position included in the employee class of

1-21     membership on the date the application is filed; and

1-22                 (4)  has an effective date of retirement that is after

1-23     August 31, 1997, but before September 1, 1999.

1-24           (c)  The minimum and maximum amounts of a standard service

 2-1     retirement annuity under Section 814.105(b) apply to an annuity

 2-2     computed under this section.  Instead of the standard service

 2-3     retirement annuity payable under this section, a member who retires

 2-4     under this section may elect to receive an optional service

 2-5     retirement annuity under Section 814.108, actuarially reduced from

 2-6     the annuity computed under this section.

 2-7           (d)  This section expires September 1, 1999.

 2-8           SECTION 2.  Subchapter B, Chapter 814, Government Code, is

 2-9     amended by adding Section 814.1071 to read as follows:

2-10           Sec. 814.1071.  TEMPORARY RETIREMENT INCENTIVE FOR CERTAIN

2-11     PEACE OFFICERS.  (a)  A member who is at least 50 years old and is

2-12     eligible to retire under Section 814.107 is entitled to retire in

2-13     the manner and under the terms provided by Section 814.1051 and

2-14     receive a combined service retirement annuity under Section

2-15     814.107, increased by the amount that an annuity computed under

2-16     Section 814.1051 exceeds the amount of a comparable annuity

2-17     computed under Section 814.105.  The annuity is actuarially

2-18     reducible if an optional annuity is selected under Section 814.108.

2-19           (b)  The amount by which a combined service retirement

2-20     annuity payable under this section exceeds a combined service

2-21     retirement annuity payable under Section 814.107 is payable from

2-22     the trust fund established by Section 815.310.

2-23           (c)  This section expires September 1, 1999.

2-24           SECTION 3.  (a)  Annuities that are described by Section

2-25     814.107, 814.207, 814.305, or 814.601(a), Government Code, and are

2-26     based on service retirements, disability retirements, or deaths

2-27     that occurred after August 31, 1996, but before September 1, 1997,

 3-1     are increased by 12.5 percent.

 3-2           (b)  The increase in annuities under Subsection (a) of this

 3-3     section is payable beginning with the first monthly payments of the

 3-4     annuities that become due after the effective date of this Act.

 3-5           (c)  The board of trustees of the retirement system shall pay

 3-6     the increased annuities provided by this section from the

 3-7     retirement annuity reserve account of the retirement system and may

 3-8     transfer to that account from the state accumulation account of the

 3-9     retirement system any portion of the amount that exceeds the amount

3-10     in the retirement reserve account available to finance the

3-11     increases in benefits, and that is actuarially determined to be

3-12     necessary to finance the increases, for the duration of the

3-13     annuities to which the increases apply.

3-14           SECTION 4.  This Act takes effect September 1, 1997.

3-15           SECTION 5.  The importance of this legislation and the

3-16     crowded condition of the calendars in both houses create an

3-17     emergency and an imperative public necessity that the

3-18     constitutional rule requiring bills to be read on three several

3-19     days in each house be suspended, and this rule is hereby suspended.