75R10763 GCH-D                           

         By Telford                                            H.B. No. 2644

         Substitute the following for H.B. No. 2644:

         By Telford                                        C.S.H.B. No. 2644

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to systems and programs administered by 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 822.005(c), Government Code, is amended

 1-6     to read as follows:

 1-7           (c)  A person is not entitled to withdraw contributions who

 1-8     is employed, has applied for employment, or has received a promise

 1-9     of employment,  in a position covered by the retirement system.

1-10           SECTION 2.  Section 822.201(c), Government Code, is amended

1-11     to read as follows:

1-12           (c)  Excluded from salary and wages are expense payments,

1-13     allowances, payments for unused vacation or sick leave, maintenance

1-14     or other nonmonetary compensation, fringe benefits, deferred

1-15     compensation other than as  provided by Subsection (b)(3),

1-16     compensation that is not made pursuant to a valid employment

1-17     agreement, [payments received in the 1995-1996 or a subsequent

1-18     school year for teaching a driver education and traffic safety

1-19     course,] and any compensation not described in Subsection (b).

1-20           SECTION 3.  Section 823.202(b), Government Code, is amended

1-21     to read as follows:

1-22           (b)  A member may establish credit under this section by

1-23     depositing with the retirement system for each year of service

1-24     claimed an amount equal to:

 2-1                 (1)  the contributions [and membership fees] that the

 2-2     person would have paid had the person been a member of the

 2-3     retirement system during that year;  plus

 2-4                 (2)  interest computed at an annual rate of five

 2-5     percent of the amount of each payment that would have been due had

 2-6     the person been a member, from the hypothetical payment due date to

 2-7     the date of deposit.

 2-8           SECTION 4.  Section 823.301(b), Government Code, is amended

 2-9     to read as follows:

2-10           (b)  A member may not establish more than five years of

2-11     service credit in the retirement system under this subchapter for

2-12     military service.  Service may be established in one-year

2-13     increments except as otherwise provided by this subchapter.

2-14           SECTION 5.  Section 823.3021(d), Government Code, is amended

2-15     to read as follows:

2-16           (d)  A member eligible to establish credit under this section

2-17     may not qualify for insurance coverage under the Texas Public

2-18     School [Retired] Employees Group Insurance Act (Article 3.50-4,

2-19     Insurance Code) unless the member retires with 10 or more years of

2-20     membership service credit for actual service in public schools and

2-21     complies with any other requirements for coverage provided by that

2-22     article.

2-23           SECTION 6.  Section 823.303, Government Code, is amended to

2-24     read as follows:

2-25           Sec. 823.303.  MILITARY LEAVE CREDIT.  A member who performs

2-26     military service creditable in the retirement system but who does

2-27     not establish credit for the service by making the deposits

 3-1     required by Section 823.302 is entitled to credit of a year for

 3-2     each year of military service performed, if the member requests the

 3-3     credit in writing before the later of the date of application for

 3-4     retirement or the effective date of retirement.  The credit is

 3-5     usable only in determining eligibility for, but not the amount of,

 3-6     benefits under Section 824.406.

 3-7           SECTION 7.  Sections 823.401(a) and (d), Government Code, are

 3-8     amended to read as follows:

 3-9           (a)  Except as provided by Subsection (b), an eligible member

3-10     may establish equivalent membership service credit for employment

3-11     with a public school system maintained wholly or partly by another

3-12     state or territory of the United States or by the United States for

3-13     children of its citizens.  A school receiving funds under 22 U.S.C.

3-14     Section 2701 is considered a public school for the purposes of this

3-15     section.

3-16           (d)  A member may establish credit under this section by

3-17     depositing with the retirement system for each year of service

3-18     claimed a contribution computed at the rate of:

3-19                 (1)  12 percent of the full-time rate of the member's

3-20     annual compensation, plus any additional eligible compensation

3-21     received,  during the first year of service for which the member

3-22     received membership credit in the retirement system that is both

3-23     after the service for which credit is sought and after September 1,

3-24     1956; or

3-25                 (2)  12 percent of the full-time rate of the member's

3-26     annual compensation, plus any additional eligible compensation

3-27     received,  during the most recent year of service for which the

 4-1     member received membership credit that is after the service for

 4-2     which credit is sought, if the member has performed no service in

 4-3     Texas since September 1, 1956.

 4-4           SECTION 8.  Section 823.402(e), Government Code, is amended

 4-5     to read as follows:

 4-6           (e)  A member may establish credit under this section by

 4-7     depositing with the retirement system for each year of

 4-8     developmental leave claimed an amount equal to the sum of:

 4-9                 (1)  the rate of member contributions required during

4-10     the year of leave, times the member's annual rate of compensation

4-11     during the member's most recent year of creditable service that

4-12     preceded the year of leave; plus

4-13                 (2)  the amount that the state would have contributed

4-14     had the member performed membership service during the year of

4-15     leave at the member's annual rate of compensation during the most

4-16     recent year of service that preceded the leave[; plus]

4-17                 [(3)  any membership fees in effect during the year of

4-18     leave].

4-19           SECTION 9.  Section 823.501, Government Code, is amended by

4-20     amending Subsections (b) and (c) and adding Subsections (e) and (f)

4-21     to read as follows:

4-22           (b)  A person eligible to reinstate service credit under this

4-23     section is one who is a contributing member of the retirement

4-24     system at the time the service is reinstated [resumes membership

4-25     service in the  retirement system].

4-26           (c)  A member may reinstate canceled credit under this

4-27     section by depositing with the retirement system:

 5-1                 (1)  the amount withdrawn or refunded;  plus

 5-2                 (2)  [membership fees for the period that membership

 5-3     was terminated; plus]

 5-4                 [(3)]  a reinstatement fee of six percent, compounded

 5-5     annually, of the amount withdrawn or refunded from the date of

 5-6     withdrawal or refund to the date of redeposit.

 5-7           (e)  Service credit canceled by a withdrawal of contributions

 5-8     not authorized by Section 822.005 is required to be reinstated

 5-9     under this section.

5-10           (f)  A contributing member may have an account that was

5-11     terminated by absence from service reactivated by requesting the

5-12     reactivation in writing.  The beneficiary of a decedent who was a

5-13     contributing member at the time of death may have an account that

5-14     was terminated by the decedent's absence from service reactivated

5-15     by requesting the reactivation in writing before the first

5-16     anniversary of the decedent's death.

5-17           SECTION 10.  Section 823.502(c), Government Code, is amended

5-18     to read as follows:

5-19           (c)  A person may resume membership and claim credit under

5-20     this section by depositing with the retirement system:

5-21                 (1)  an amount equal to service retirement benefits

5-22     received; plus

5-23                 (2)  a reinstatement fee of six percent, compounded

5-24     annually, of the amount determined under Subdivision (1) from the

5-25     date of the person's return to service to the date of redeposit;

5-26     plus

5-27                 (3)  an amount equal to the total contributions that

 6-1     would have been deducted from the person's annual compensation each

 6-2     year after the return to service had the person been a member of

 6-3     the retirement system;  plus

 6-4                 (4)  a reinstatement fee of six percent, compounded

 6-5     annually, of the amount determined under Subdivision (3) from the

 6-6     end of each year of service after the return to service to the date

 6-7     of deposit[; plus]

 6-8                 [(5)  membership fees for the years after the return to

 6-9     service].

6-10           SECTION 11.  Section 824.1011(a), Government Code, is amended

6-11     to read as follows:

6-12           (a)  A retiree who is receiving a standard service or

6-13     disability retirement annuity under Section 824.203 or 824.304(b)

6-14     and who marries  after the date of the person's retirement may

6-15     replace the annuity by selecting an optional retirement annuity

6-16     under Section 824.204(c)(1), (c)(2), or (c)(5) or under Section

6-17     824.308(c)(1), (c)(2), or (c)(5), as applicable, and designating

6-18     the person's spouse as  beneficiary before the first anniversary of

6-19     the marriage in the same manner as an annuity selection and

6-20     designation of beneficiary may be made before retirement.

6-21           SECTION 12.  Sections 824.202(a) and (c), Government Code,

6-22     are amended to read as follows:

6-23           (a)  A member is eligible to retire and receive a standard

6-24     service retirement annuity if [the member]:

6-25                 (1)  the member is at least 65 years old and has at

6-26     least five years of service credit in the retirement system;

6-27                 (2)  the member is at least 60 years old and has at

 7-1     least 20 years of service credit in the retirement system;  [or]

 7-2                 (3)  the member is at least 50 years old and has at

 7-3     least 30 years of service credit in the retirement system; or

 7-4                 (4)  the sum of the member's age and amount of service

 7-5     credit in the retirement system equals the number 80.

 7-6           (c)  If a member is at least 55 years old and has at least 20

 7-7     years of service credit in the retirement system, the member is

 7-8     eligible to retire and receive a service retirement annuity reduced

 7-9     from the standard service retirement annuity available under

7-10     Subsection (a)(2), to a percentage derived from the following

7-11     table:

7-12     Years of Service                      Age at Date of Retirement

7-13                                    55    56    57    58    59    60

7-14     at least 20 but less than 21   90%   92%   94%   96%   98%  100%

7-15     at least 21 but less than 22   92%   94%   96%   98%  100%  100%

7-16                                                           [98%]

7-17     at least 22 but less than 23   94%   96%   98%  100%  100%  100%

7-18                                                     [98%] [98%]

7-19     at least 23 but less than 24   96%   98%  100%  100%  100%  100%

7-20                                               [98%] [98%] [98%]

7-21     at least 24 but less than 25   98%  100%  100%  100%  100%  100%

7-22     [30]

7-23                                         [98%] [98%] [98%] [98%]

7-24     [30 or more                   100%  100%  100%  100%  100%  100%]

7-25           SECTION 13.  Section 824.203(d), Government Code, is amended

7-26     to read as follows:

7-27           (d)  In no case may the standard service retirement annuity

 8-1     be less than [$6.50 a month for each year of service credit or, for

 8-2     a member who is at least 65 years old at the time of retirement,

 8-3     less than the greater of $6.50 a month for each year of service

 8-4     credit, or] $150 a month.  The minimum benefits provided by this

 8-5     section are subject to reduction in the same manner as other

 8-6     benefits because of early retirement or selection of an optional

 8-7     retirement annuity.

 8-8           SECTION 14.  Section 824.204(d), Government Code, is amended

 8-9     to read as follows:

8-10           (d)  If a person who is nominated by a retiree in the written

8-11     designation under Section 824.101 predeceases the retiree, the

8-12     reduced annuity of a retiree who has elected an optional service

8-13     retirement annuity under Subsection (c)(1), (c)(2), or (c)(5) [or

8-14     (2)] shall be increased to the standard service retirement annuity

8-15     that the retiree would otherwise be entitled to receive if the

8-16     retiree had not selected that annuity option.  The standard service

8-17     retirement annuity shall be adjusted as appropriate for:

8-18                 (1)  early retirement as provided by Section 824.202;

8-19     and

8-20                 (2)  postretirement increases in retirement benefits

8-21     authorized by law after the date of retirement.

8-22           SECTION 15.  Section 824.304, Government Code, is amended by

8-23     amending Subsection (b) and adding Subsection (d) to read as

8-24     follows:

8-25           (b)  If a member has a total of at least 10 years of service

8-26     credit in the retirement system on the date of disability

8-27     retirement, the retirement system shall pay the person for the

 9-1     duration of the disability a disability retirement annuity in an

 9-2     amount equal to the greater of:

 9-3                 (1)  a standard service retirement annuity computed

 9-4     under Section 824.203; or

 9-5                 (2)  [$6.50 a month for each year of service credit on

 9-6     the date of retirement; or]

 9-7                 [(3)]  $150 a month.

 9-8           (d)  The minimum benefits provided by this section are

 9-9     subject to reduction in the same manner as other benefits because

9-10     of the selection of an optional retirement annuity.

9-11           SECTION 16.  Section 825.206, Government Code, is amended by

9-12     adding Subsection (f) to read as follows:

9-13           (f)  An actuarial audit shall be performed in conjunction

9-14     with an actuarial experience study or at least once every five

9-15     years.   The audit must include:

9-16                 (1)  an analysis of the appropriateness of the

9-17     actuarial assumptions;

9-18                 (2)  a review of the assumptions and methodology for

9-19     compliance with the funding standards;

9-20                 (3)  verification of demographic data; and

9-21                 (4)  confirmation of the valuation results, including a

9-22     determination of actuarial accrued liability, normal cost, expected

9-23     employee contributions, and the effects of any recent legislation.

9-24           SECTION 17.  Section 825.207, Government Code, is amended to

9-25     read as follows:

9-26           Sec. 825.207.  COMPTROLLER [STATE TREASURER].  (a)  Except as

9-27     provided by Section 825.302 or 825.303 or by Subsection (e) of this

 10-1    section, the comptroller [state treasurer] is the custodian of all

 10-2    securities and cash of the retirement system, including securities

 10-3    held in the name of a nominee of the retirement system.

 10-4          (b)  The comptroller [state treasurer] shall pay money from

 10-5    the accounts of the retirement system on warrants drawn by the

 10-6    comptroller [of public accounts] and authorized by vouchers signed

 10-7    by the executive director or other persons designated by the board

 10-8    of trustees.

 10-9          (c)  The comptroller [state treasurer] annually shall furnish

10-10    to the board of trustees a sworn statement of the amount of the

10-11    retirement  system's assets in the comptroller's [treasurer's]

10-12    custody.

10-13          (d)  The comptroller [state treasurer] is not responsible,

10-14    under either civil or criminal law, for any action or losses with

10-15    respect to assets of the retirement system while the assets are in

10-16    the custody of a commercial bank as provided by Section 825.302 or

10-17    825.303 or by Subsection (e) of this section.

10-18          (e)  The board of trustees may, in the exercise of its

10-19    constitutional discretion to manage the assets of the retirement

10-20    system, select one or more commercial banks, depository trust

10-21    companies, or other entities to serve as custodian or custodians of

10-22    all or part of the retirement system's assets.

10-23          SECTION 18.  Sections 825.209(a), (b), and (c), Government

10-24    Code, are amended to read as follows:

10-25          (a)  The comptroller [state treasurer] shall give a surety

10-26    bond in an [the] amount of at least $50,000.

10-27          (b)  The executive director shall give a surety bond in an

 11-1    [the] amount of at least $25,000.

 11-2          (c)  The board of trustees may require any trustee or

 11-3    employee of the board[, other than the executive director,] to give

 11-4    a surety bond in an amount determined by the board and may increase

 11-5    the minimum amount of a bond required by Subsection (a) or (b).

 11-6          SECTION 19.  Sections 825.410(a) and (c), Government Code,

 11-7    are amended to read as follows:

 11-8          (a)  Payments to establish special service credit as

 11-9    authorized in Sections 805.002, [823.202,] 823.302, 823.304,

11-10    823.401, [823.402,] 823.501, and 825.403 may be made in a lump sum

11-11    or in equal monthly installments over a period not to exceed the

11-12    lesser of the number of years of credit to be purchased or 60

11-13    months.  Installment payments are due on the first day of each

11-14    calendar month in the payment period.  If an installment payment is

11-15    not made in full within 60 days after the due date, the retirement

11-16    system may refund all installment payments less fees paid on the

11-17    lump sum due when installment payments began.  Partial payment of

11-18    an installment payment may be treated as nonpayment.  A check

11-19    returned for insufficient funds or a closed account shall be

11-20    treated as nonpayment.  When two or more consecutive monthly

11-21    payments have a returned check, a refund may be made.  If the

11-22    retirement system refunds payments pursuant to this subsection, the

11-23    member is not permitted to use the installment method of payment

11-24    for the same service for [a period of] three years after [from] the

11-25    date of the  refund.  A member who requests and receives a refund

11-26    of installment payments also is not permitted to use the

11-27    installment method of payment for the same service for three years

 12-1    after the date of the refund.

 12-2          (c)  All installment payments must be made on or before the

 12-3    service retirement date or the last day of the month in which the

 12-4    member's application for service retirement is submitted, whichever

 12-5    is later, or before the 31st day following the date on which the

 12-6    medical board certifies a member's disability.  The installment

 12-7    payment method may not be used to establish service credit after

 12-8    retirement.

 12-9          SECTION 20.  Section 825.512(e), Government Code, is amended

12-10    to read as follows:

12-11          (e)  The retirement system shall submit an annual investment

12-12    performance report not later than the 45th day after the end of

12-13    [25th day of the month following] each fiscal year to the governor,

12-14    the  lieutenant governor, the speaker of the house of

12-15    representatives, the executive director of the State Pension Review

12-16    Board, the legislative audit committee, the committees of the

12-17    senate and the house of representatives having jurisdiction over

12-18    appropriations, the committees of the senate and the house of

12-19    representatives having principal jurisdiction over legislation

12-20    governing the retirement system, and the Legislative Budget Board.

12-21    The report shall include a listing of all commissions and fees paid

12-22    by the system during the reporting period for the sale, purchase,

12-23    or management of system assets.  The report shall be in a form

12-24    recommended by the evaluating firm.

12-25          SECTION 21.  Subchapter F, Chapter 825, Government Code, is

12-26    amended by adding Section 825.516 to read as follows:

12-27          Sec. 825.516.  NONPROFIT ASSOCIATION DUES.  (a)  A retiree

 13-1    who is receiving an annuity from the retirement system may request

 13-2    the system to withhold from the retiree's monthly annuity payment

 13-3    membership dues for a nonprofit association of retired school

 13-4    employees in this state.  The request for withholding  must be on a

 13-5    form provided by the retirement system.

 13-6          (b)  After the retirement system receives a request

 13-7    authorized by this section, the system shall make the requested

 13-8    deductions until the earlier of:

 13-9                (1)  the date the annuity is terminated; or

13-10                (2)  the first payment of the annuity after the date

13-11    the system receives a written request signed by the retiree

13-12    canceling the request for the withholding.

13-13          (c)  The retirement system shall send all dues withheld under

13-14    this section to the nonprofit association after each monthly

13-15    payment of annuities.

13-16          SECTION 22.  The heading of Article 3.50-4, Insurance Code,

13-17    is amended to read as follows:

13-18         ARTICLE 3.50-4.  TEXAS PUBLIC SCHOOL [RETIRED] EMPLOYEES

13-19                          GROUP INSURANCE PROGRAM

13-20          SECTION 23.  Sections 7A(a) and (e), Article 3.50-4,

13-21    Insurance Code, are amended to read as follows:

13-22          (a)  A public school district may elect to participate in the

13-23    program provided under this article.  A district that elects to

13-24    participate must accept the schedule of costs adopted by the

13-25    trustee.  A district [and] may [not] offer an alternative health

13-26    benefit plan to its active employees during the period of its

13-27    participation in the program if the trustee approves the plan as

 14-1    providing contributions, participation, and a design that are in

 14-2    accordance with sound group benefit underwriting principles.

 14-3          (e)  Each participating school district shall contribute for

 14-4    each district employee covered by the program an amount equal to

 14-5    not less than 75 percent of the cost for the employee only of the

 14-6    plans of group coverages authorized by the trustee for active

 14-7    employees.  The district shall certify to the trustee the amount

 14-8    the district will contribute monthly toward the cost of coverage.

 14-9    The trustee shall determine if the amount is sufficient to

14-10    underwrite the plan for the district based on sound group benefit

14-11    underwriting principles.  A determination by the trustee under this

14-12    subsection is final[, except that the school district's

14-13    contribution may not exceed the amount contributed for each state

14-14    employee by the state under the Texas Employees Uniform Group

14-15    Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance

14-16    Code)].

14-17          SECTION 24.  Section 8, Article 3.50-4, Insurance Code, is

14-18    amended to read as follows:

14-19          Sec. 8.  PURCHASE OF GROUP HEALTH CARE BENEFITS [INSURANCE].

14-20    (a)  The trustee shall be designated as the group policyholder for

14-21    any plan or plans established in this article.  The trustee has

14-22    authority to establish one or more plans that are self-insured.

14-23          (b)  The [group insurance] coverages provided under the plan

14-24    or plans may include but are not limited to life insurance,

14-25    accidental death and dismemberment, hospital care and benefits,

14-26    surgical care and treatment, medical care and treatment, dental

14-27    care, eye care, obstetrical benefits, long-term care, prescribed

 15-1    drugs, medicines, and prosthetic devices, and other supplemental

 15-2    benefits, supplies, and services as provided by this article,

 15-3    protection against loss of salary, and other coverages considered

 15-4    advisable.

 15-5          (c)  The trustee may provide different plans for retirees and

 15-6    surviving spouses covered by Medicare than the plans provided for

 15-7    retirees and surviving spouses who are not covered by Medicare.

 15-8          (d)  Each basic plan must cover preexisting conditions.

 15-9          (e)  The trustee may contract for and make available to all

15-10    retirees, dependents, surviving spouses, and surviving dependent

15-11    children optional group health [insurance] benefit plans in

15-12    addition to the basic plans.  The optional coverage may include a

15-13    smaller deductible, lower coinsurance, or additional categories of

15-14    benefits permitted under Subsection (b) of this section to provide

15-15    additional levels of coverages and benefits.  The trustee may

15-16    utilize a portion of the funds received for the Texas Public School

15-17    Employees Group Insurance Program to offset some portion of costs

15-18    paid by the retiree for optional coverage if such utilization does

15-19    not reduce the period the program is projected to remain

15-20    financially solvent by more than one year in a biennium.  Any

15-21    additional contributions for these optional plans shall be paid for

15-22    by the retiree, surviving spouse, or surviving dependent children.

15-23          (f)  [The trustee shall enter into a contract or contracts

15-24    with a carrier or carriers for the plan or plans that will provide

15-25    that the method of paying expenses, paying claims, and establishing

15-26    reserves shall be under the minimum premium approach to financing;

15-27    and the contract shall be referred to as a minimum premium

 16-1    contract.]

 16-2          [(g)]  New contracts for coverages under this program shall

 16-3    be submitted for competitive bidding at least every six years.

 16-4    [Contracts between the trustee and carriers for the group insurance

 16-5    pool may provide for renegotiation.]

 16-6          (g) [(h)]  Each contract shall be based on the terms and

 16-7    conditions agreed on between the trustee and the entity [carrier or

 16-8    carriers]  selected to provide the [insurance] coverage and

 16-9    benefits.  Any contract for group benefits [insurance] awarded by

16-10    the trustee must meet the minimum benefit and financial standards

16-11    adopted by the trustee.

16-12          (h) [(i)]  The coverage provided by the plan or plans may be

16-13    secondary to all other benefit coverage to which the retiree,

16-14    surviving spouse, dependent, or surviving dependent child is

16-15    entitled.  In the event the retiree, surviving spouse, dependent,

16-16    or surviving dependent child is entitled to receive medicare

16-17    hospital insurance benefits at no charge, then the coverage

16-18    provided by the plan or plans shall be secondary to medicare

16-19    hospital and medical insurance to the extent permitted by federal

16-20    law.

16-21          (i) [(j)]  In contracting for any benefits [insurance] under

16-22    this article, competitive bidding shall be required under rules

16-23    adopted by the trustee.  The trustee is not required to select the

16-24    lowest bid but may consider also ability to service contracts, past

16-25    experiences, financial stability, and other relevant criteria.  If

16-26    the trustee awards a contract to an entity [a carrier] whose bid

16-27    deviates from that advertised, the deviation shall be recorded and

 17-1    the reasons for the deviation shall be fully justified in the

 17-2    minutes of the next meeting of the trustee.

 17-3          (j) [(k)]  Notwithstanding any other provisions of this

 17-4    article, the trustee providing programs of benefits under this

 17-5    article is authorized to self-insure any and all programs available

 17-6    under this article and may, at its discretion, engage private

 17-7    entities to collect contributions from or to settle claims in

 17-8    connection with plans established by the trustee under this section

 17-9    [Section 8 of this article].

17-10          (k) [(l)]  The trustee may contract directly with health care

17-11    providers, including health maintenance organizations, preferred

17-12    provider  organizations, carriers, administrators, and other

17-13    qualified vendors, to provide benefits to participants in the

17-14    program.  [Those benefits may include dental care, eye care,

17-15    hospital care, surgical care and treatment, medical care and

17-16    treatment, obstetrical care, and prescription drugs, medicines, and

17-17    prosthetic devices.]

17-18          SECTION 25.  Section 15(c), Article 3.50-4, Insurance Code,

17-19    is amended to read as follows:

17-20          (c)  Expenses for the development and administration of the

17-21    program shall be spent as provided by a budget adopted by the

17-22    trustee.  [Expenses in any fiscal year may not exceed one percent

17-23    of the contributions to the program for that year by the state, the

17-24    active employees, and the covered participants in the program.]

17-25          SECTION 26.  Section 16(b), Article 3.50-4, Insurance Code,

17-26    is amended to read as follows:

17-27          (b)  The state shall contribute as the state's contribution

 18-1    to the fund each fiscal year [the following amounts:]

 18-2                [(1)  for the state fiscal year beginning September 1,

 18-3    1986, an amount equal to .35 percent of the salary of each active

 18-4    employee;]

 18-5                [(2)  for the state fiscal year beginning September 1,

 18-6    1987, an amount equal to .40 percent of the salary of each active

 18-7    employee;]

 18-8                [(3)  for the state fiscal year beginning September 1,

 18-9    1988, an amount equal to .45 percent of the salary of each active

18-10    employee;]

18-11                [(4)  for the state fiscal year beginning September 1,

18-12    1989, an amount equal to .50 percent of the salary of each active

18-13    employee; and]

18-14                [(5)  for the state fiscal year beginning September 1,

18-15    1990, and each subsequent fiscal year,] an amount equal to .50

18-16    percent of the salary of each active employee.  The state may

18-17    contribute amounts in addition to the contribution required by this

18-18    subsection.

18-19          SECTION 27.  (a)  Monthly payments of a death or retirement

18-20    benefit annuity by the Teacher Retirement System of Texas are

18-21    increased beginning with the payment due at the end of September

18-22    1997.

18-23          (b)  The increase does not apply to payments under Section

18-24    824.304(a), 824.404, or 824.501, Government Code.

18-25          (c)  The amount of the monthly increase is computed by

18-26    multiplying the previous monthly benefit by a percentage determined

18-27    in accordance with the following table:

 19-1    LATEST RETIREMENT DATE OR, IF APPLICABLE, DATE OF DEATH    INCREASE

 19-2    Before September 1, 1971........................................ 5%

 19-3    On or after September 1, 1971, but before September 1, 1972..... 6%

 19-4    On or after September 1, 1972, but before September 1, 1973..... 5%

 19-5    On or after September 1, 1973, but before September 1, 1974..... 8%

 19-6    On or after September 1, 1974, but before September 1, 1975..... 5%

 19-7    On or after September 1, 1975, but before September 1, 1976..... 2%

 19-8    On or after September 1, 1976, but before September 1, 1977.... 14%

 19-9    On or after September 1, 1977, but before September 1, 1978.... 13%

19-10    On or after September 1, 1978, but before September 1, 1979.... 12%

19-11    On or after September 1, 1979, but before September 1, 1981.... 10%

19-12    On or after September 1, 1981, but before September 1, 1984..... 9%

19-13    On or after September 1, 1984, but before September 1, 1985.... 10%

19-14    On or after September 1, 1985, but before September 1, 1986..... 9%

19-15    On or after September 1, 1986, but before September 1, 1987.... 10%

19-16    On or after September 1, 1987, but before September 1, 1988..... 8%

19-17    On or after September 1, 1988, but before September 1, 1989.... 10%

19-18    On or after September 1, 1989, but before September 1, 1990..... 9%

19-19    On or after September 1, 1990, but before September 1, 1992..... 6%

19-20    On or after September 1, 1992, but before September 1, 1993..... 5%

19-21    On or after September 1, 1993, but before September 1, 1994..... 7%

19-22    On or after September 1, 1994, but before September 1, 1995..... 5%

19-23    On or after September 1, 1995, but before September 1, 1996..... 3%

19-24          SECTION 28.  The change in law made by this Act in Section

19-25    822.201(c), Government Code, applies to all determinations of

19-26    compensation that are made on or after the effective date of this

19-27    Act for the purpose of computing an annuity that begins on or after

 20-1    that date or making contributions for the purchase of service

 20-2    credit on or after that date.

 20-3          SECTION 29.  This Act takes effect September 1, 1997.

 20-4          SECTION 30.  The importance of this legislation and the

 20-5    crowded condition of the calendars in both houses create an

 20-6    emergency and an imperative public necessity that the

 20-7    constitutional rule requiring bills to be read on three several

 20-8    days in each house be suspended, and this rule is hereby suspended.