By Hochberg H.B. No. 1334
75R2081 GCH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a change of beneficiary by a retiree of 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. Section 824.101(c), Government Code, is amended
1-6 to read as follows:
1-7 (c) Only one person may be designated as beneficiary of an
1-8 optional retirement annuity under Section 824.204(c)(1), (c)(2), or
1-9 (c)(5), and a designation of beneficiary under any [either] of
1-10 those options may not be made, changed, or revoked, except as
1-11 provided by Sections 824.1011 and 824.1012, after the later of the
1-12 date on which the retirement system makes the first annuity payment
1-13 to the retiree or the date the first payment becomes due. For
1-14 purposes of this section, the term "makes payment" includes the
1-15 depositing in the mail of a payment warrant or the crediting of an
1-16 account with payment through electronic funds transfer.
1-17 SECTION 2. Subchapter B, Chapter 824, Government Code, is
1-18 amended by adding Section 824.1012 to read as follows:
1-19 Sec. 824.1012. CHANGE OF BENEFICIARY AFTER RETIREMENT. (a)
1-20 A retiree receiving an optional retirement annuity under Section
1-21 824.204(c)(1), (c)(2), or (c)(5) or Section 824.308(c)(1), (c)(2),
1-22 or (c)(5) may change the designated beneficiary as provided by this
1-23 section for the benefits payable after the retiree's death under
1-24 those sections.
2-1 (b) If the beneficiary designated at the time of the
2-2 retiree's retirement is the spouse or former spouse of the retiree:
2-3 (1) the spouse or former spouse must give written,
2-4 notarized consent to the change; or
2-5 (2) a court with jurisdiction over the marriage must
2-6 have ordered the change.
2-7 (c) A beneficiary designated under this section is entitled
2-8 on the retiree's death to receive monthly payments of the
2-9 survivor's portion of the retiree's optional retirement annuity for
2-10 the shorter of:
2-11 (1) the remainder of the life expectancy of the
2-12 beneficiary designated as of the effective date of the retiree's
2-13 retirement; or
2-14 (2) the remainder of the new beneficiary's life.
2-15 (d) A retiree may not change a beneficiary under this
2-16 section after retirement if the retiree has previously changed or
2-17 designated after retirement a beneficiary for optional retirement
2-18 annuity payments under this subtitle.
2-19 SECTION 3. The importance of this legislation and the
2-20 crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three several
2-23 days in each house be suspended, and this rule is hereby suspended,
2-24 and that this Act take effect and be in force from and after its
2-25 passage, and it is so enacted.