By Telford                                      H.B. No. 1076

      75R5103 ESH-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to postretirement increases in benefits under the Teacher

 1-3     Retirement System of Texas.

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

 1-5           SECTION 1.  (a)  Monthly payments of a death or retirement

 1-6     benefit annuity by the Teacher Retirement System of Texas are

 1-7     increased beginning with the payment due at the end of September

 1-8     1997.

 1-9           (b)  Except as provided by Subsection (c) of this section,

1-10     the amount of the monthly increase is computed by multiplying the

1-11     previous monthly benefit by a percentage determined in accordance

1-12     with the following table:

1-13     LATEST RETIREMENT DATE OR, IF APPLICABLE, DATE OF DEATH    INCREASE

1-14     Before September 1, 1973........................................ 5%

1-15     On or after September 1, 1973, but before September 1, 1974..... 8%

1-16     On or after September 1, 1974, but before September 1, 1976..... 5%

1-17     On or after September 1, 1976, but before September 1, 1977.... 14%

1-18     On or after September 1, 1977, but before September 1, 1978.... 13%

1-19     On or after September 1, 1978, but before September 1, 1979.... 12%

1-20     On or after September 1, 1979, but before September 1, 1981.... 10%

1-21     On or after September 1, 1981, but before September 1, 1982..... 9%

1-22     On or after September 1, 1982, but before September 1, 1983..... 8%

1-23     On or after September 1, 1983, but before September 1, 1984..... 9%

1-24     On or after September 1, 1984, but before September 1, 1985.... 10%

 2-1     On or after September 1, 1985, but before September 1, 1986..... 9%

 2-2     On or after September 1, 1986, but before September 1, 1987.... 10%

 2-3     On or after September 1, 1987, but before September 1, 1988..... 8%

 2-4     On or after September 1, 1988, but before September 1, 1989.... 10%

 2-5     On or after September 1, 1989, but before September 1, 1990..... 8%

 2-6     On or after September 1, 1990, but before September 1, 1992..... 6%

 2-7     On or after September 1, 1992, but before September 1, 1993..... 5%

 2-8     On or after September 1, 1993, but before September 1, 1994..... 7%

 2-9     On or after September 1, 1994, but before September 1, 1995..... 4%

2-10           (c)  An annuitant is entitled to the greater of:

2-11                 (1)  a monthly benefit annuity computed as if:

2-12                       (A)  Subtitle C, Title 8, Government Code, as it

2-13     existed on January 1, 1997, had been in effect on the date of

2-14     retirement or on the date of death, as applicable; and

2-15                       (B)  all benefit increases, including those

2-16     provided by Subsection (b) of this section, were included that are

2-17     applicable to the annuity and were provided after the date the

2-18     annuity began; or

2-19                 (2)  if the annuity is based on a retirement or death

2-20     that occurred before September 1, 1995, the monthly benefit annuity

2-21     option selected at the time of retirement or death:

2-22                       (A)  recomputed on the basis of one-twelfth of

2-23     the minimum annual salary provided by the Education Code for a

2-24     classroom teacher or full-time librarian, multiplied by two percent

2-25     for each year of service credit in the retirement system;

2-26                       (B)  actuarially reduced, if applicable, for

2-27     early retirement; and

 3-1                       (C)  excluding the increase provided by

 3-2     Subsection (b) of this section.

 3-3           (d)  For the purpose of computing the annuity increase

 3-4     provided by Subsection (c) of this section for a person whose

 3-5     annuity is not currently based on the highest three-year average

 3-6     compensation, the retirement system may use compensation amounts

 3-7     based on current actuarial assumptions.  An annuitant who so

 3-8     requests in writing will receive the increase computed on the

 3-9     greater of compensation based on current actuarial assumptions or

3-10     actual compensation computed under the law in effect on January 1,

3-11     1997.

3-12           SECTION 2.  This Act takes effect September 1, 1997.

3-13           SECTION 3.  The importance of this legislation and the

3-14     crowded condition of the calendars in both houses create an

3-15     emergency and an imperative public necessity that the

3-16     constitutional rule requiring bills to be read on three several

3-17     days in each house be suspended, and this rule is hereby suspended.