1-1     By:  Telford, et al. (Senate Sponsor - Armbrister)    H.B. No. 2644

 1-2           (In the Senate - Received from the House April 18, 1997;

 1-3     April 22, 1997, read first time and referred to Committee on State

 1-4     Affairs; May 16, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 13, Nays 0; May 16, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 2644              By:  Armbrister

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to systems and programs administered by the Teacher

1-11     Retirement System of Texas.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Section 822.005(c), Government Code, is amended

1-14     to read as follows:

1-15           (c)  A person is not entitled to withdraw contributions who

1-16     is employed, has applied for employment, or has received a promise

1-17     of employment,  in a position covered by the retirement system.

1-18           SECTION 2.  Section 822.201(c), Government Code, is amended

1-19     to read as follows:

1-20           (c)  Excluded from salary and wages are expense payments,

1-21     allowances, payments for unused vacation or sick leave, maintenance

1-22     or other nonmonetary compensation, fringe benefits, deferred

1-23     compensation other than as  provided by Subsection (b)(3),

1-24     compensation that is not made pursuant to a valid employment

1-25     agreement, [payments received in the 1995-1996 or a subsequent

1-26     school year for teaching a driver education and traffic safety

1-27     course,] and any compensation not described in Subsection (b).

1-28           SECTION 3.  Section 823.004, Government Code, is amended to

1-29     read as follows:

1-30           Sec. 823.004. COMPUTATION OF AND PAYMENT FOR CREDIT.  (a)

1-31     All credit for military service, out-of-state service,

1-32     developmental leave, service previously waived, and service

1-33     transferred to the retirement system under Chapter 805 shall be

1-34     computed on a September 1 through August 31 school year.  Payments

1-35     for service described by this section must be completed not later

1-36     than the later of the member's retirement date or the last day of

1-37     the month in which the member submits a retirement application.

1-38           (b)  The retirement system by rule may establish an

1-39     irrevocable employer pick-up of member contributions as described

1-40     by Section 414(h)(2) of the Internal Revenue Code of 1986 (26

1-41     U.S.C. Section 414(h)(2)) for the purchase of any service credit

1-42     authorized by law.

1-43           SECTION 4.  Section 823.202(b), Government Code, is amended

1-44     to read as follows:

1-45           (b)  A member may establish credit under this section by

1-46     depositing with the retirement system for each year of service

1-47     claimed an amount equal to:

1-48                 (1)  the contributions [and membership fees] that the

1-49     person would have paid had the person been a member of the

1-50     retirement system during that year;  plus

1-51                 (2)  interest computed at an annual rate of five

1-52     percent of the amount of each payment that would have been due had

1-53     the person been a member, from the hypothetical payment due date to

1-54     the date of deposit.

1-55           SECTION 5.  Section 823.301(b), Government Code, is amended

1-56     to read as follows:

1-57           (b)  A member may not establish more than five years of

1-58     service credit in the retirement system under this subchapter for

1-59     military service.  Service may be established in one-year

1-60     increments except as otherwise provided by this subchapter.

1-61           SECTION 6.  Section 823.3021(d), Government Code, is amended

1-62     to read as follows:

1-63           (d)  A member eligible to establish credit under this section

1-64     may not qualify for insurance coverage under the Texas Public

 2-1     School [Retired] Employees Group Insurance Act (Article 3.50-4,

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

 2-3     membership service credit for actual service in public schools and

 2-4     complies with any other requirements for coverage provided by that

 2-5     article.

 2-6           SECTION 7.  Section 823.303, Government Code, is amended to

 2-7     read as follows:

 2-8           Sec. 823.303.  MILITARY LEAVE CREDIT.  A member who performs

 2-9     military service creditable in the retirement system but who does

2-10     not establish credit for the service by making the deposits

2-11     required by Section 823.302 is entitled to credit of a year for

2-12     each year of military service performed, if the member requests the

2-13     credit in writing before the later of the date of application for

2-14     retirement or the effective date of retirement.  The credit is

2-15     usable only in determining eligibility for, but not the amount of,

2-16     benefits under Section 824.406.

2-17           SECTION 8.  Sections 823.401(a) and (d), Government Code, are

2-18     amended to read as follows:

2-19           (a)  Except as provided by Subsection (b), an eligible member

2-20     may establish equivalent membership service credit for employment

2-21     with a public school system maintained wholly or partly by another

2-22     state or territory of the United States or by the United States for

2-23     children of its citizens.  A school receiving funds under 22 U.S.C.

2-24     Section 2701 is considered a public school for the purposes of this

2-25     section.

2-26           (d)  A member may establish credit under this section by

2-27     depositing with the retirement system for each year of service

2-28     claimed a contribution computed at the rate of:

2-29                 (1)  12 percent of the full-time rate of the member's

2-30     annual compensation, plus any additional eligible compensation

2-31     received,  during the first year of service for which the member

2-32     received membership credit in the retirement system that is both

2-33     after the service for which credit is sought and after September 1,

2-34     1956; or

2-35                 (2)  12 percent of the full-time rate of the member's

2-36     annual compensation, plus any additional eligible compensation

2-37     received,  during the most recent year of service for which the

2-38     member received membership credit that is after the service for

2-39     which credit is sought, if the member has performed no service in

2-40     Texas since September 1, 1956.

2-41           SECTION 9.  Section 823.402(e), Government Code, is amended

2-42     to read as follows:

2-43           (e)  A member may establish credit under this section by

2-44     depositing with the retirement system for each year of

2-45     developmental leave claimed an amount equal to the sum of:

2-46                 (1)  the rate of member contributions required during

2-47     the year of leave, times the member's annual rate of compensation

2-48     during the member's most recent year of creditable service that

2-49     preceded the year of leave; plus

2-50                 (2)  the amount that the state would have contributed

2-51     had the member performed membership service during the year of

2-52     leave at the member's annual rate of compensation during the most

2-53     recent year of service that preceded the leave[; plus]

2-54                 [(3)  any membership fees in effect during the year of

2-55     leave].

2-56           SECTION 10.  Section 823.501, Government Code, is amended by

2-57     amending Subsections (b) and (c) and adding Subsections (e) and (f)

2-58     to read as follows:

2-59           (b)  A person eligible to reinstate service credit under this

2-60     section is one who is a contributing member of the retirement

2-61     system at the time the service is reinstated [resumes membership

2-62     service in the  retirement system].

2-63           (c)  A member may reinstate canceled credit under this

2-64     section by depositing with the retirement system:

2-65                 (1)  the amount withdrawn or refunded;  plus

2-66                 (2)  [membership fees for the period that membership

2-67     was terminated; plus]

2-68                 [(3)]  a reinstatement fee of six percent, compounded

2-69     annually, of the amount withdrawn or refunded from the date of

 3-1     withdrawal or refund to the date of redeposit.

 3-2           (e)  Service credit canceled by a withdrawal of contributions

 3-3     not authorized by Section 822.005 is required to be reinstated

 3-4     under this section.

 3-5           (f)  A contributing member may have an account that was

 3-6     terminated by absence from service reactivated by requesting the

 3-7     reactivation in writing.  The beneficiary of a decedent who was a

 3-8     contributing member at the time of death may have an account that

 3-9     was terminated by the decedent's absence from service reactivated

3-10     by requesting the reactivation in writing before the first payment

3-11     of a death benefit.

3-12           SECTION 11.  Section 823.502(c), Government Code, is amended

3-13     to read as follows:

3-14           (c)  A person may resume membership and claim credit under

3-15     this section by depositing with the retirement system:

3-16                 (1)  an amount equal to service retirement benefits

3-17     received; plus

3-18                 (2)  a reinstatement fee of six percent, compounded

3-19     annually, of the amount determined under Subdivision (1) from the

3-20     date of the person's return to service to the date of redeposit;

3-21     plus

3-22                 (3)  an amount equal to the total contributions that

3-23     would have been deducted from the person's annual compensation each

3-24     year after the return to service had the person been a member of

3-25     the retirement system;  plus

3-26                 (4)  a reinstatement fee of six percent, compounded

3-27     annually, of the amount determined under Subdivision (3) from the

3-28     end of each year of service after the return to service to the date

3-29     of deposit[; plus]

3-30                 [(5)  membership fees for the years after the return to

3-31     service].

3-32           SECTION 12.  Section 824.101, Government Code, is amended by

3-33     amending Subsections (c) and (d) and adding Subsections (f) and (g)

3-34     to read as follows:

3-35           (c)  Only one person may be designated as beneficiary of an

3-36     optional retirement annuity under Section 824.204(c)(1), (c)(2), or

3-37     (c)(5), and a designation of beneficiary under any [either] of

3-38     those options may not be made, changed, or revoked, except as

3-39     provided by Sections 824.1011 and 824.1012, after the later of the

3-40     date on which the retirement system makes the first annuity payment

3-41     to the retiree or the date the first payment becomes due.  For

3-42     purposes of this section, the term "makes payment" includes the

3-43     depositing in the mail of a payment warrant or the crediting of an

3-44     account with payment through electronic funds transfer.

3-45           (d)  Unless a contrary intention is clearly indicated by a

3-46     written designation of beneficiary and except as otherwise provided

3-47     by this section [law], the most recent designation of beneficiary

3-48     by a member or annuitant applies to all benefits payable on the

3-49     death of the member or annuitant.

3-50           (f)  A beneficiary designation, change in beneficiary, or

3-51     revocation of beneficiary is not effective unless it is authorized

3-52     by this subchapter.  Except as provided by Subsection (g), any

3-53     authorized beneficiary designation, change in beneficiary, or

3-54     revocation of beneficiary, including any modification ordered by a

3-55     court or contemplated in a trust or testamentary document, must be

3-56     executed by the member or annuitant in a form prescribed by the

3-57     retirement system and must be received by the retirement system

3-58     before the member's or annuitant's death or, for a beneficiary

3-59     named to receive continued optional service or disability

3-60     retirement payments, not later than the deadline established

3-61     elsewhere in this subtitle.

3-62           (g)  Receipt by the retirement system of a certified copy of

3-63     a divorce decree between a member or annuitant and a designated

3-64     beneficiary revokes any designation of the former spouse as

3-65     beneficiary of any death benefits payable under Subchapter E or F

3-66     of this chapter that was effective before the date of divorce, if

3-67     the decree is received by the retirement system before the payment

3-68     of any part of the death benefit to any beneficiary.

3-69           SECTION 13.  Section 824.1011(a), Government Code, is amended

 4-1     to read as follows:

 4-2           (a)  A retiree who is receiving a standard service or

 4-3     disability retirement annuity under Section 824.203 or 824.304(b)

 4-4     and who marries  after the date of the person's retirement may

 4-5     replace the annuity by selecting an optional retirement annuity

 4-6     under Section 824.204(c)(1), (c)(2), or (c)(5) or under Section

 4-7     824.308(c)(1), (c)(2), or (c)(5), as applicable, and designating

 4-8     the person's spouse as  beneficiary before the first anniversary of

 4-9     the marriage in the same manner as an annuity selection and

4-10     designation of beneficiary may be made before retirement.

4-11           SECTION 14.  Subchapter B, Chapter 824, Government Code, is

4-12     amended by adding Section 824.1012 to read as follows:

4-13           Sec. 824.1012.  CHANGE OF BENEFICIARY AFTER RETIREMENT.  (a)

4-14     A retiree receiving an optional retirement annuity under Section

4-15     824.204(c)(1), (c)(2), or (c)(5) or Section 824.308(c)(1), (c)(2),

4-16     or (c)(5) may change the designated beneficiary as provided by this

4-17     section for the benefits payable after the retiree's death under

4-18     those sections.

4-19           (b)  If the beneficiary designated at the time of the

4-20     retiree's retirement is the spouse or former spouse of the retiree:

4-21                 (1)  the spouse or former spouse must give written,

4-22     notarized consent to the change; or

4-23                 (2)  a court with jurisdiction over the marriage must

4-24     have ordered the change.

4-25           (c)  A beneficiary designated under this section is entitled

4-26     on the retiree's death to receive monthly payments of the

4-27     survivor's portion of the retiree's optional retirement annuity for

4-28     the shorter of:

4-29                 (1)  the remainder of the life expectancy of the

4-30     beneficiary designated as of the effective date of the retiree's

4-31     retirement; or

4-32                 (2)  the remainder of the new beneficiary's life.

4-33           (d)  A retiree may not change a beneficiary under this

4-34     section after retirement if the retiree has previously changed or

4-35     designated after retirement a beneficiary for optional retirement

4-36     annuity payments under this subtitle.

4-37           SECTION 15.  Sections 824.202(a) and (c), Government Code,

4-38     are amended to read as follows:

4-39           (a)  A member is eligible to retire and receive a standard

4-40     service retirement annuity if [the member]:

4-41                 (1)  the member is at least 65 years old and has at

4-42     least five years of service credit in the retirement system;

4-43                 (2)  the member is at least 60 years old and has at

4-44     least 20 years of service credit in the retirement system;  [or]

4-45                 (3)  the member is at least 50 years old and has at

4-46     least 30 years of service credit in the retirement system; or

4-47                 (4)  the sum of the member's age and amount of service

4-48     credit in the retirement system equals the number 80.

4-49           (c)  If a member is at least 55 years old and has at least 20

4-50     years of service credit in the retirement system, the member is

4-51     eligible to retire and receive a service retirement annuity reduced

4-52     from the standard service retirement annuity available under

4-53     Subsection (a)(2), to a percentage derived from the following

4-54     table:

4-55     Years of Service                      Age at Date of Retirement

4-56                                    55    56    57    58    59    60

4-57     at least 20 but less than 21   90%   92%   94%   96%   98%  100%

4-58     at least 21 but less than 22   92%   94%   96%   98%  100%  100%

4-59                                                           [98%]

4-60     at least 22 but less than 23   94%   96%   98%  100%  100%  100%

4-61                                                     [98%] [98%]

4-62     at least 23 but less than 24   96%   98%  100%  100%  100%  100%

4-63                                               [98%] [98%] [98%]

4-64     at least 24 but less than 25   98%  100%  100%  100%  100%  100%

4-65     [30]

4-66                                         [98%] [98%] [98%] [98%]

4-67     [30 or more                   100%  100%  100%  100%  100%  100%]

4-68           SECTION 16.  Section 824.203(d), Government Code, is amended

4-69     to read as follows:

 5-1           (d)  In no case may the standard service retirement annuity

 5-2     be less than [$6.50 a month for each year of service credit or, for

 5-3     a member who is at least 65 years old at the time of retirement,

 5-4     less than the greater of $6.50 a month for each year of service

 5-5     credit, or] $150 a month.  The minimum benefits provided by this

 5-6     section are subject to reduction in the same manner as other

 5-7     benefits because of early retirement or selection of an optional

 5-8     retirement annuity.

 5-9           SECTION 17.  Section 824.204(d), Government Code, is amended

5-10     to read as follows:

5-11           (d)  If a person who is nominated by a retiree in the written

5-12     designation under Section 824.101 predeceases the retiree, the

5-13     reduced annuity of a retiree who has elected an optional service

5-14     retirement annuity under Subsection (c)(1), (c)(2), or (c)(5) [or

5-15     (2)] shall be increased to the standard service retirement annuity

5-16     that the retiree would otherwise be entitled to receive if the

5-17     retiree had not selected that annuity option.  The standard service

5-18     retirement annuity shall be adjusted as appropriate for:

5-19                 (1)  early retirement as provided by Section 824.202;

5-20     and

5-21                 (2)  postretirement increases in retirement benefits

5-22     authorized by law after the date of retirement.

5-23           SECTION 18.  Section 824.304, Government Code, is amended by

5-24     amending Subsection (b) and adding Subsection (d) to read as

5-25     follows:

5-26           (b)  If a member has a total of at least 10 years of service

5-27     credit in the retirement system on the date of disability

5-28     retirement, the retirement system shall pay the person for the

5-29     duration of the disability a disability retirement annuity in an

5-30     amount equal to the greater of:

5-31                 (1)  a standard service retirement annuity computed

5-32     under Section 824.203; or

5-33                 (2)  [$6.50 a month for each year of service credit on

5-34     the date of retirement; or]

5-35                 [(3)]  $150 a month.

5-36           (d)  The minimum benefits provided by this section are

5-37     subject to reduction in the same manner as other benefits because

5-38     of the selection of an optional retirement annuity.

5-39           SECTION 19.  Sections 824.404(b), (c), and (d), Government

5-40     Code, are amended to read as follows:

5-41           (b)  If the designated beneficiary is the spouse or a

5-42     dependent parent of the decedent, the beneficiary may elect to

5-43     receive for life a monthly benefit of $200 [$150], beginning

5-44     immediately or on the date the beneficiary becomes 65 years old,

5-45     whichever is later.

5-46           (c)  If the designated beneficiary is the spouse of the

5-47     decedent and has one or more children less than 18 years old or has

5-48     custody of one or more children of the decedent who are less than

5-49     18 years old, the designated beneficiary may elect to receive:

5-50                 (1)  a monthly benefit of $300 [$250] payable until the

5-51     youngest child becomes 18 years old; and

5-52                 (2)  when the youngest child has attained the age of

5-53     18, a monthly benefit for life of $200 [$150], beginning on the

5-54     date the beneficiary becomes 65 years old.

5-55           (d)  If the designated beneficiary or beneficiaries are the

5-56     decedent's dependent children who are less than 18 years old, their

5-57     guardian may elect to receive for them:

5-58                 (1)  a monthly benefit of $300 [$250], payable as long

5-59     as two or more children are less than 18 years old; and

5-60                 (2)  a monthly benefit of $200 [$150], payable as long

5-61     as only one child is less than 18 years old.

5-62           SECTION 20.  Section 824.602, Government Code, is amended by

5-63     adding Subsection (l) to read as follows:

5-64           (l)  This subchapter does not apply to payments under Section

5-65     824.804(b).

5-66           SECTION 21.  Chapter 824, Government Code, is amended by

5-67     adding Subchapter I to read as follows:

5-68               SUBCHAPTER I.  DEFERRED RETIREMENT OPTION PLAN

5-69           Sec. 824.801.  DEFINITION.  In this subchapter, "plan" means

 6-1     the deferred retirement option plan provided by this subchapter.

 6-2           Sec. 824.802.  PARTICIPATION IN PLAN.  (a)  A contributing

 6-3     member who is eligible under Section 824.202 to retire and receive

 6-4     a standard service retirement annuity that is not reduced for

 6-5     retirement at an early age and who has at least 25 years of service

 6-6     credit in the retirement system may, if the member remains an

 6-7     employee, elect to participate in the deferred retirement option

 6-8     plan.

 6-9           (b)  An election to participate in the plan must be on a form

6-10     prescribed by and filed with the retirement system.  An election

6-11     may be made only once and must state the period that the member

6-12     wishes to participate in the plan.  The period must be a minimum of

6-13     12 consecutive months and be in 12-month increments.  The maximum

6-14     period a member may participate in the plan is 60 consecutive

6-15     months.  An election under this section is irrevocable after

6-16     filing.  The filing of an election under this section is not

6-17     considered for any purpose an application for retirement, and a

6-18     person is not considered a retiree for any purpose because of the

6-19     filing.

6-20           (c)  The effective date of a member's participation in the

6-21     plan is the first day of the month after the month in which an

6-22     election is received and approved by the retirement system.  The

6-23     retirement system shall approve the election filed by a member who

6-24     is eligible to make the election.

6-25           Sec. 824.803.  COMPUTATION OF PARTICIPANT'S SERVICE AND

6-26     ANNUITY.  (a)  A person participating in the plan remains a member

6-27     of the retirement system during the period of participation, unless

6-28     the member terminates  membership under Section 822.003, but the

6-29     member may not, during participation, accrue additional service

6-30     credit.  The member shall make employee contributions to the

6-31     retirement system, and the state and the member's employing

6-32     district, if applicable, shall make contributions for the member's

6-33     service performed during the member's participation in the plan.

6-34     Member contributions made during the period of participation in the

6-35     plan are not eligible for withdrawal by the participant and are

6-36     deposited in the retired reserve account.  The member and the state

6-37     retain the obligation to contribute under Section 16, Texas Public

6-38     School Employees Group Insurance Act (Article 3.50-4, Insurance

6-39     Code), during the member's participation in this plan.

6-40           (b)  For purposes of the plan, the computation of the service

6-41     retirement annuity of a member participating in the plan is

6-42     determined as of the effective date of participation.  A

6-43     participating member is not eligible to receive a postretirement

6-44     increase made applicable to annuitants during the member's

6-45     participation in the plan.

6-46           (c)  An election to participate in the plan constitutes a

6-47     deadline for the purchase of special service credit.

6-48           Sec. 824.804.  BENEFITS UNDER PLAN.  (a)  On the effective

6-49     date of a member's participation in the plan, the retirement system

6-50     shall make the transfers required by Section 825.309 to the retired

6-51     reserve account as if the member had retired on that date.  The

6-52     retirement system shall transfer monthly, during the period of the

6-53     member's participation in the plan,  from the retired reserve

6-54     account to an account for the member in the deferred retirement

6-55     option account an amount equal to 79 percent of the amount the

6-56     member would have received that month under a standard service

6-57     retirement annuity if the member had retired on the effective date

6-58     of plan participation.

6-59           (b)  When a member who has participated in the plan retires

6-60     from the retirement system, the person is entitled to the

6-61     accumulated amount in the member's account in the deferred

6-62     retirement option account, including creditable interest.  The

6-63     amount is payable in a lump sum, in periodic installments, or as

6-64     provided by Section 825.509, at the option of the member.  The

6-65     board of trustees by rule shall determine the number and frequency

6-66     of installment payments.

6-67           (c)  If a member dies during participation in the plan or

6-68     after participation but before retirement, the decedent's

6-69     designated beneficiary is entitled to the accumulated amount in the

 7-1     decedent's account in the deferred retirement option account,

 7-2     including creditable interest.  The beneficiary is also entitled to

 7-3     a death benefit based on compensation and years of service on the

 7-4     effective date of participation in the plan and on age on the date

 7-5     of death.

 7-6           (d)  Payment of the benefit provided under the plan is in

 7-7     addition to any annuity otherwise payable under this subtitle.

 7-8           Sec. 824.805.  TERMINATION OF PARTICIPATION IN PLAN.  A

 7-9     member terminates participation in the plan by:

7-10                 (1)  retirement;

7-11                 (2)  death; or

7-12                 (3)  expiration of the period for which participation

7-13     was approved.

7-14           Sec. 824.806.  BENEFITS FOR SERVICE AFTER PLAN PARTICIPATION.

7-15     (a)  Any eligible service credit accrued after termination of

7-16     participation in the plan and before retirement shall be credited

7-17     in the retirement system.

7-18           (b)  At the time a member retires or dies, the retirement

7-19     system shall compute the value of the additional service credit at

7-20     the rate provided under Section 824.203, based on the lesser of the

7-21     three years of service after the member's termination of plan

7-22     participation, or the member's actual years of service after the

7-23     termination, in which the member received the highest annual

7-24     compensation.  The retirement system shall add the amount computed

7-25     under this subsection to the amount determined on the effective

7-26     date of plan participation, and the sum is payable, subject to

7-27     actuarial reduction if applicable, as the monthly annuity payment.

7-28           Sec. 824.807.  INTEREST.  Interest is creditable to a

7-29     member's account in the deferred retirement option account at an

7-30     annual, prorated rate equal to five percent during the period of

7-31     participation in the plan and until all benefits are distributed.

7-32           SECTION 22.  Section 825.206, Government Code, is amended by

7-33     adding Subsection (f) to read as follows:

7-34           (f)  An actuarial audit shall be performed in conjunction

7-35     with an actuarial experience study or at least once every five

7-36     years.   The audit must include:

7-37                 (1)  an analysis of the appropriateness of the

7-38     actuarial assumptions;

7-39                 (2)  a review of the assumptions and methodology for

7-40     compliance with the funding standards;

7-41                 (3)  verification of demographic data; and

7-42                 (4)  confirmation of the valuation results, including a

7-43     determination of actuarial accrued liability, normal cost, expected

7-44     employee contributions, and the effects of any recent legislation.

7-45           SECTION 23.  Section 825.207, Government Code, is amended to

7-46     read as follows:

7-47           Sec. 825.207.  COMPTROLLER [STATE TREASURER].  (a)  Except as

7-48     provided by Section 825.302 or 825.303 or by Subsection (e) of this

7-49     section, the comptroller [state treasurer] is the custodian of all

7-50     securities and cash of the retirement system, including securities

7-51     held in the name of a nominee of the retirement system.

7-52           (b)  The comptroller [state treasurer] shall pay money from

7-53     the accounts of the retirement system on warrants drawn by the

7-54     comptroller [of public accounts] and authorized by vouchers signed

7-55     by the executive director or other persons designated by the board

7-56     of trustees.

7-57           (c)  The comptroller [state treasurer] annually shall furnish

7-58     to the board of trustees a sworn statement of the amount of the

7-59     retirement  system's assets in the comptroller's [treasurer's]

7-60     custody.

7-61           (d)  The comptroller [state treasurer] is not responsible,

7-62     under either civil or criminal law, for any action or losses with

7-63     respect to assets of the retirement system while the assets are in

7-64     the custody of a commercial bank as provided by Section 825.302 or

7-65     825.303 or by Subsection (e) of this section.

7-66           (e)  The board of trustees may, in the exercise of its

7-67     constitutional discretion to manage the assets of the retirement

7-68     system, select one or more commercial banks, depository trust

7-69     companies, or other entities to serve as custodian or custodians of

 8-1     all or part of the retirement system's assets.

 8-2           SECTION 24.  Sections 825.209(a), (b), and (c), Government

 8-3     Code, are amended to read as follows:

 8-4           (a)  The comptroller [state treasurer] shall give a surety

 8-5     bond in an [the] amount of at least $50,000.

 8-6           (b)  The executive director shall give a surety bond in an

 8-7     [the] amount of at least $25,000.

 8-8           (c)  The board of trustees may require any trustee or

 8-9     employee of the board[, other than the executive director,] to give

8-10     a surety bond in an amount determined by the board and may increase

8-11     the minimum amount of a bond required by Subsection (a) or (b).

8-12           SECTION 25.  Section 825.301(a), Government Code, is amended

8-13     to read as follows:

8-14           (a)  The board of trustees shall invest and reinvest assets

8-15     of the retirement system without distinction as to their source in

8-16     accordance with Section 67, Article XVI, Texas Constitution.

8-17     Investment decisions are subject to the standard provided in the

8-18     Texas Trust Code by Section 113.056(a), Property Code.

8-19           SECTION 26.  Section 825.306, Government Code, is amended to

8-20     read as follows:

8-21           Sec. 825.306.  CREDITING SYSTEM ASSETS.  The assets of the

8-22     retirement system shall be credited, according to the purpose for

8-23     which they are held, to one of the following accounts:

8-24                 (1)  member savings account;

8-25                 (2)  state contribution account;

8-26                 (3)  retired reserve account;

8-27                 (4)  interest account; [or]

8-28                 (5)  expense account; or

8-29                 (6)  deferred retirement option account.

8-30           SECTION 27.  Subchapter D, Chapter 825, Government Code, is

8-31     amended by adding Section 825.3121 to read as follows:

8-32           Sec. 825.3121.  DEFERRED RETIREMENT OPTION ACCOUNT.  (a)  The

8-33     retirement system shall deposit in the deferred retirement option

8-34     account the amounts required to be deposited in the account by

8-35     Section 824.804(a) and interest as required by Section 824.807.

8-36           (b)  The retirement system shall pay from the account all

8-37     benefits accrued during participation in the deferred retirement

8-38     option plan.

8-39           SECTION 28.  Section 825.410, Government Code, is amended to

8-40     read as follows:

8-41           Sec. 825.410.  PAYROLL DEDUCTIONS OR INSTALLMENT PAYMENTS FOR

8-42     SPECIAL SERVICE CREDIT.  (a)  Payments to establish special service

8-43     credit as authorized in Sections 805.002, [823.202,] 823.302,

8-44     823.304, 823.401, [823.402,] 823.501, and 825.403 may be made in a

8-45     lump sum by a monthly payroll deduction in an amount not less than

8-46     one-twelfth of the contribution required to establish at least one

8-47     year of service credit, or in equal monthly installments over a

8-48     period not to exceed the lesser of the number of years of credit to

8-49     be purchased or 60 months.  Installment and payroll deduction

8-50     payments are due on the first day of each calendar month in the

8-51     payment period.  If an installment or payroll deduction payment is

8-52     not made in full within 60 days after the due date, the retirement

8-53     system may refund all installment or payroll deduction payments

8-54     less fees paid on the lump sum due when installment or payroll

8-55     deduction payments began.  Partial payment of an installment or

8-56     payroll deduction payment may be treated as nonpayment.  A check

8-57     returned for insufficient funds or a closed account shall be

8-58     treated as nonpayment.  When two or more consecutive monthly

8-59     payments have a returned check, a refund may be made.  If the

8-60     retirement system refunds payments pursuant to this subsection, the

8-61     member is not permitted to use the installment method of payment or

8-62     the payroll deduction method, as applicable, for the same service

8-63     for [a period of] three years after [from] the date of the  refund.

8-64     A member who requests and receives a refund of installment or

8-65     payroll deduction payments also is not permitted to use the same

8-66     method of payment for the same service for three years after the

8-67     date of the refund.

8-68           (b)  Service credit shall be established pursuant to the

8-69     following provisions:

 9-1                 (1)  The retirement system shall credit a member's

 9-2     payments made under this section to a suspense account in the trust

 9-3     fund until the sum of the payments equals the amount required for

 9-4     one year of service credit, at which time the retirement system

 9-5     shall deposit the payments in the appropriate accounts in the trust

 9-6     fund and grant the applicable amount of service credit.  No credit

 9-7     shall be established for service pursuant to Section 823.501 or

 9-8     Section 825.403 until a lump sum has been paid or all payroll

 9-9     deduction or installment payments have been completed.

9-10                 (2)  No credit shall be established for other service

9-11     when the cost of establishing the service has been determined by

9-12     using withdrawn service to be reinstated pursuant to Section

9-13     823.501 or previously unreported service to be established pursuant

9-14     to Section 825.403 until a lump sum or all payroll deductions or

9-15     installments for the withdrawn or previously unreported service

9-16     have been paid.

9-17                 (3)  All other service shall be credited when

9-18     sufficient payroll deductions or installments have been completed

9-19     to satisfy the cost  requirements for a year of service.

9-20           (c)  All installment and payroll deduction payments must be

9-21     made on or before the service retirement date or the last day of

9-22     the month in which the member's application for service retirement

9-23     is submitted, whichever is later, or before the 31st day following

9-24     the date on which the medical board certifies a member's

9-25     disability.  The installment payment method or payroll deduction

9-26     method may not be used to establish service credit after

9-27     retirement.

9-28           (d)  If a member who has made at least one payroll deduction

9-29     or installment payment and who is using the payroll deduction or

9-30     installment method of payment dies before completing the

9-31     [installment] payments, the retirement system may:

9-32                 (1)  return to the beneficiary determined under

9-33     Sections 824.101 and 824.103 the [installment] payments less fees

9-34     paid on the lump sum due when [installment] payments began and less

9-35     payments which have resulted in credited service being established;

9-36     or

9-37                 (2)  permit the beneficiary determined under Sections

9-38     824.101 and 824.103 to complete payment of the unpaid balance

9-39     remaining at the time of the member's death.

9-40           (e)  If the beneficiary requests a return of the installment

9-41     or payroll deduction payments under Subsection (d)(1), the

9-42     retirement system [TRS] shall return the payments in a lump sum.

9-43     No additional service credit shall be established that has not been

9-44     established in compliance with this section.  If service credit has

9-45     been established by installment or payroll deduction payments, the

9-46     retirement system [TRS] shall not refund the payments, less any

9-47     applicable fees, used to establish such credit unless a refund of

9-48     total accumulated contributions is made to a member or beneficiary.

9-49           (f)  If the beneficiary elects to complete the payments under

9-50     Subsection (d)(2), the beneficiary shall make full payment in a

9-51     lump sum of the unpaid balance before the issuance of any warrant

9-52     to him in full or partial payment of death or survivor benefits.

9-53           (g)  A member seeking to establish service credit by using

9-54     the installment or payroll deduction payment method shall pay an

9-55     additional fee of nine percent per annum calculated on a declining

9-56     balance method on the lump sum due at the time the [installment]

9-57     payment process begins.  For purposes of this subsection, the

9-58     installment or payroll deduction payment process begins on the

9-59     first business day of the month in which the first [installment]

9-60     payment becomes due.  None of the additional fees shall be returned

9-61     to the member or a beneficiary.

9-62           (h)  The board of trustees has authority to adopt rules to

9-63     implement this section, including rules establishing a minimum

9-64     amount for monthly installment or payroll deduction payments.

9-65           (i)  The actuary designated by the board of trustees shall,

9-66     in investigating the experience of the members of the system, note

9-67     any significant increase in the establishment of special service

9-68     credit and determine the extent to which any increase has been

9-69     caused by the installment or payroll deduction payment method.  If

 10-1    the actuary certifies in writing to the retirement system that

 10-2    sound actuarial funding of the retirement system's benefits is

 10-3    endangered by continuation of the installment or payroll deduction

 10-4    payment method, the board of trustees may determine that the

 10-5    [installment] payment method will not be available, other than to

 10-6    those who are using the method at the time of the determination.

 10-7          (j)  Payments to establish service credit by a member who

 10-8    plans to retire in less than a year may be made by payroll

 10-9    deduction for a period determined by the retirement system.

10-10          (k)  Each employer shall establish a payroll deduction plan

10-11    to facilitate the payroll deductions authorized by this section and

10-12    shall cooperate with the retirement system in implementing the

10-13    payroll deduction method of payment for service credit.

10-14          SECTION 29.  Section 825.512(e), Government Code, is amended

10-15    to read as follows:

10-16          (e)  The retirement system shall submit an annual investment

10-17    performance report not later than the 45th day after the end of

10-18    [25th day of the month following] each fiscal year to the governor,

10-19    the lieutenant governor, the speaker of the house of

10-20    representatives, the executive director of the State Pension Review

10-21    Board, the legislative audit committee, the committees of the

10-22    senate and the house of representatives having jurisdiction over

10-23    appropriations, the committees of the senate and the house of

10-24    representatives having principal jurisdiction over legislation

10-25    governing the retirement system, and the Legislative Budget Board.

10-26    The report shall include a listing of all commissions and fees paid

10-27    by the system during the reporting period for the sale, purchase,

10-28    or management of system assets.  The report shall be in a form

10-29    recommended by the evaluating firm.

10-30          SECTION 30.  Subchapter F, Chapter 825, Government Code, is

10-31    amended by adding Section 825.516 to read as follows:

10-32          Sec. 825.516.  NONPROFIT ASSOCIATION DUES.  (a)  A retiree

10-33    who is receiving an annuity from the retirement system may request

10-34    the system to withhold from the retiree's monthly annuity payment

10-35    membership dues for a nonprofit association of retired school

10-36    employees in this state.  The request for withholding  must be on a

10-37    form provided by the retirement system.

10-38          (b)  After the retirement system receives a request

10-39    authorized by this section, the system shall make the requested

10-40    deductions until the earlier of:

10-41                (1)  the date the annuity is terminated; or

10-42                (2)  the first payment of the annuity after the date

10-43    the system receives a written request signed by the retiree

10-44    canceling the request for the withholding.

10-45          (c)  The retirement system shall send all dues withheld under

10-46    this section to the nonprofit association after each monthly

10-47    payment of annuities.

10-48          SECTION 31.  Subchapter F, Chapter 825, Government Code, is

10-49    amended by adding Section 825.517 to read as follows:

10-50          Sec. 825.517.  EXCESS BENEFIT ARRANGEMENT.  (a)  A separate,

10-51    nonqualified, unfunded excess benefit arrangement is created

10-52    outside the trust fund of the retirement system.  This excess

10-53    benefit arrangement shall be administered as a governmental excess

10-54    benefit arrangement under Section 415(m) of the Internal Revenue

10-55    Code of 1986 (26 U.S.C. Section 415(m)).  The purpose of the excess

10-56    benefit arrangement is to pay to annuitants of the retirement

10-57    system benefits otherwise payable by the retirement system that

10-58    exceed the limitations on benefits imposed by Section 415(b)(1)(A)

10-59    of the Internal Revenue Code of 1986 (26 U.S.C. Section

10-60    415(b)(1)(A)).

10-61          (b)  The board of trustees is responsible for the

10-62    administration of this arrangement.  Except as otherwise provided

10-63    by this section, the board has the same rights, duties, and

10-64    responsibilities concerning the excess benefit arrangement as it

10-65    has to the trust fund.

10-66          (c)  Benefits under this section are exempt from execution to

10-67    the same extent as provided by Section 821.005.  Contributions to

10-68    this arrangement are not held in trust and may not be commingled

10-69    with other funds of the retirement system.

 11-1          (d)  An annuitant is entitled to a monthly benefit under this

 11-2    section in an amount equal to the amount by which the benefit

 11-3    otherwise payable by the retirement system has been reduced by the

 11-4    limitation on benefits imposed by Section 415(b)(1)(A) of the

 11-5    Internal Revenue Code of 1986 (26 U.S.C. Section 415(b)(1)(A)).

 11-6    The benefit payable by this arrangement is payable at the times and

 11-7    in the form that the  benefit payable under the trust fund is paid.

 11-8          (e)  The benefit payable under this section shall be paid

 11-9    from state contributions that otherwise would be made to the trust

11-10    fund under Section 825.404.  In lieu of deposit in the state

11-11    contribution account, an amount determined by the retirement system

11-12    to be necessary to pay benefits under this section shall be paid

11-13    monthly to the credit of a dedicated account in the general revenue

11-14    fund maintained only for the excess benefit arrangement.  The

11-15    account may include amounts needed to pay reasonable and necessary

11-16    expenses of administering this arrangement.  The monthly amount to

11-17    be paid to the credit of the account shall be transferred to the

11-18    account at least 15 days before the date of a monthly disbursement

11-19    under this section.

11-20          (f)  The board of trustees may adopt rules governing the

11-21    excess benefit arrangement that are necessary for the efficient

11-22    administration of the arrangement in compliance with Section 415(m)

11-23    of the Internal Revenue Code of 1986 (26 U.S.C. Section 415(m)).

11-24          SECTION 32.  The heading of Article 3.50-4, Insurance Code,

11-25    is amended to read as follows:

11-26         ARTICLE 3.50-4.  TEXAS PUBLIC SCHOOL [RETIRED] EMPLOYEES

11-27                          GROUP INSURANCE PROGRAM

11-28          SECTION 33.  Sections 7A(a) and (e), Article 3.50-4,

11-29    Insurance Code, are amended to read as follows:

11-30          (a)  A public school district may elect to participate in the

11-31    program provided under this article.  A district that elects to

11-32    participate must accept the schedule of costs adopted by the

11-33    trustee.  A district [and] may [not] offer an alternative health

11-34    benefit plan to its active employees during the period of its

11-35    participation in the program if the trustee approves the plan as

11-36    providing contributions, participation, and a design that are in

11-37    accordance with sound group benefit underwriting principles.

11-38          (e)  Each participating school district shall contribute for

11-39    each district employee covered by the program an amount equal to

11-40    not less than 75 percent of the cost for the employee only of the

11-41    plans of group coverages authorized by the trustee for active

11-42    employees.  The district shall certify to the trustee the amount

11-43    the district will contribute monthly toward the cost of coverage.

11-44    The trustee shall determine if the amount is sufficient to

11-45    underwrite the plan for the district based on sound group benefit

11-46    underwriting principles.  A determination by the trustee under this

11-47    subsection is final[, except that the school district's

11-48    contribution may not exceed the amount contributed for each state

11-49    employee by the state under the Texas Employees Uniform Group

11-50    Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance

11-51    Code)].

11-52          SECTION 34.  Section 8, Article 3.50-4, Insurance Code, is

11-53    amended to read as follows:

11-54          Sec. 8.  PURCHASE OF GROUP HEALTH CARE BENEFITS [INSURANCE].

11-55    (a)  The trustee shall be designated as the group policyholder for

11-56    any plan or plans established in this article.  The trustee has

11-57    authority to establish one or more plans that are self-insured.

11-58          (b)  The [group insurance] coverages provided under the plan

11-59    or plans may include but are not limited to life insurance,

11-60    accidental death and dismemberment, hospital care and benefits,

11-61    surgical care and treatment, medical care and treatment, dental

11-62    care, eye care, obstetrical benefits, long-term care, prescribed

11-63    drugs, medicines, and prosthetic devices, and other supplemental

11-64    benefits, supplies, and services as provided by this article,

11-65    protection against loss of salary, and other coverages considered

11-66    advisable.

11-67          (c)  The trustee may provide different plans for retirees and

11-68    surviving spouses covered by Medicare than the plans provided for

11-69    retirees and surviving spouses who are not covered by Medicare.

 12-1          (d)  Each basic plan must cover preexisting conditions.

 12-2          (e)  The trustee may contract for and make available to all

 12-3    retirees, dependents, surviving spouses, and surviving dependent

 12-4    children optional group health [insurance] benefit plans in

 12-5    addition to the basic plans.  The optional coverage may include a

 12-6    smaller deductible, lower coinsurance, or additional categories of

 12-7    benefits permitted under Subsection (b) of this section to provide

 12-8    additional levels of coverages and benefits.  The trustee may

 12-9    utilize a portion of the funds received for the Texas Public School

12-10    Employees Group Insurance Program to offset some portion of costs

12-11    paid by the retiree for optional coverage if such utilization does

12-12    not reduce the period the program is projected to remain

12-13    financially solvent by more than one year in a biennium.  Any

12-14    additional contributions for these optional plans shall be paid for

12-15    by the retiree, surviving spouse, or surviving dependent children.

12-16          (f)  [The trustee shall enter into a contract or contracts

12-17    with a carrier or carriers for the plan or plans that will provide

12-18    that the method of paying expenses, paying claims, and establishing

12-19    reserves shall be under the minimum premium approach to financing;

12-20    and the contract shall be referred to as a minimum premium

12-21    contract.]

12-22          [(g)]  New contracts for coverages under this program shall

12-23    be submitted for competitive bidding at least every six years.

12-24    [Contracts between the trustee and carriers for the group insurance

12-25    pool may provide for renegotiation.]

12-26          (g) [(h)]  Each contract shall be based on the terms and

12-27    conditions agreed on between the trustee and the entity [carrier or

12-28    carriers]  selected to provide the [insurance] coverage and

12-29    benefits.  Any contract for group benefits [insurance] awarded by

12-30    the trustee must meet the minimum benefit and financial standards

12-31    adopted by the trustee.

12-32          (h) [(i)]  The coverage provided by the plan or plans may be

12-33    secondary to all other benefit coverage to which the retiree,

12-34    surviving spouse, dependent, or surviving dependent child is

12-35    entitled.  In the event the retiree, surviving spouse, dependent,

12-36    or surviving dependent child is entitled to receive medicare

12-37    hospital insurance benefits at no charge, then the coverage

12-38    provided by the plan or plans shall be secondary to medicare

12-39    hospital and medical insurance to the extent permitted by federal

12-40    law.

12-41          (i) [(j)]  In contracting for any benefits [insurance] under

12-42    this article, competitive bidding shall be required under rules

12-43    adopted by the trustee.  The rules must require that prospective

12-44    bidders provide information, for each area consisting of a county

12-45    and all adjacent counties,  on the number and types of qualified

12-46    providers willing to participate in the coverage or plan for which

12-47    the bid is made.  The rules may provide criteria to determine

12-48    qualified providers.  The trustee shall consider the information

12-49    before awarding a contract but may not require a bidder to

12-50    demonstrate a minimum standard of provider participation.  The

12-51    trustee is not required to select the lowest bid but may consider

12-52    also ability to service contracts, past experiences, financial

12-53    stability, and other relevant criteria.  If the trustee awards a

12-54    contract to an entity [a carrier] whose bid deviates from that

12-55    advertised, the deviation shall be recorded and the reasons for the

12-56    deviation shall be fully justified in the minutes of the next

12-57    meeting of the trustee.

12-58          (j) [(k)]  Notwithstanding any other provisions of this

12-59    article, the trustee providing programs of benefits under this

12-60    article is authorized to self-insure any and all programs available

12-61    under this article and may, at its discretion, engage private

12-62    entities to collect contributions from or to settle claims in

12-63    connection with plans established by the trustee under this section

12-64    [Section 8 of this article].

12-65          (k) [(l)]  The trustee may contract directly with health care

12-66    providers, including health maintenance organizations, preferred

12-67    provider  organizations, carriers, administrators, and other

12-68    qualified vendors, to provide benefits to participants in the

12-69    program.  [Those benefits may include dental care, eye care,

 13-1    hospital care, surgical care and treatment, medical care and

 13-2    treatment, obstetrical care, and prescription drugs, medicines, and

 13-3    prosthetic devices.]

 13-4          SECTION 35.  Section 15(c), Article 3.50-4, Insurance Code,

 13-5    is amended to read as follows:

 13-6          (c)  Expenses for the development and administration of the

 13-7    program shall be spent as provided by a budget adopted by the

 13-8    trustee.  [Expenses in any fiscal year may not exceed one percent

 13-9    of the contributions to the program for that year by the state, the

13-10    active employees, and the covered participants in the program.]

13-11          SECTION 36.  Section 16(b), Article 3.50-4, Insurance Code,

13-12    is amended to read as follows:

13-13          (b)  The state shall contribute as the state's contribution

13-14    to the fund each fiscal year [the following amounts:]

13-15                [(1)  for the state fiscal year beginning September 1,

13-16    1986, an amount equal to .35 percent of the salary of each active

13-17    employee;]

13-18                [(2)  for the state fiscal year beginning September 1,

13-19    1987, an amount equal to .40 percent of the salary of each active

13-20    employee;]

13-21                [(3)  for the state fiscal year beginning September 1,

13-22    1988, an amount equal to .45 percent of the salary of each active

13-23    employee;]

13-24                [(4)  for the state fiscal year beginning September 1,

13-25    1989, an amount equal to .50 percent of the salary of each active

13-26    employee; and]

13-27                [(5)  for the state fiscal year beginning September 1,

13-28    1990, and each subsequent fiscal year,] an amount equal to .50

13-29    percent of the salary of each active employee.  The state may

13-30    contribute amounts in addition to the contribution required by this

13-31    subsection.

13-32          SECTION 37.  Section 22.004, Education Code, is amended to

13-33    read as follows:

13-34          Sec. 22.004.  GROUP HEALTH BENEFITS FOR SCHOOL EMPLOYEES.

13-35    (a) Each district shall make available to its employees group

13-36    health coverage provided by a risk pool established by one or more

13-37    school districts under Chapter 172, Local Government Code, or under

13-38    a policy of insurance or group contract issued by an insurer, a

13-39    company subject to Chapter 20, Insurance Code, or a health

13-40    maintenance organization under the Texas Health Maintenance

13-41    Organization Act (Chapter 20A, Vernon's Texas Insurance Code). The

13-42    coverage must meet the substantive coverage requirements of Article

13-43    3.51-6, Insurance Code, and any other law applicable to group

13-44    health insurance policies or contracts issued in this state.  The

13-45    coverage must include major medical treatment but may exclude

13-46    experimental procedures.  In this subsection, "major medical

13-47    treatment" means a medical, surgical, or diagnostic procedure for

13-48    illness or injury [or intervention that has a significant recovery

13-49    period, presents a significant risk, employs a general anesthetic,

13-50    or, in the opinion of the primary physician, involves a significant

13-51    invasion of bodily integrity that requires the extraction of bodily

13-52    fluids or an incision or that produces substantial pain,

13-53    discomfort, or debilitation].  The coverage may include managed

13-54    care or preventive care and must be comparable to the basic health

13-55    coverage provided under the Texas Employees Uniform Group Insurance

13-56    Benefits Act (Article 3.50-2, Vernon's Texas Insurance Code).  The

13-57    board of trustees of the Teacher Retirement System of Texas shall

13-58    adopt rules to determine whether a school district's group health

13-59    coverage is comparable to the basic health coverage specified by

13-60    this subsection.  The rules must provide for consideration of the

13-61    following factors concerning the district's coverage in determining

13-62    whether the district's coverage is comparable to the basic health

13-63    coverage specified by this subsection:

13-64                (1)  the deductible amount for service provided inside

13-65    and outside of the network;

13-66                (2)  the coinsurance percentages for service provided

13-67    inside and outside of the network;

13-68                (3)  the maximum amount of coinsurance payments a

13-69    covered person is required to pay;

 14-1                (4)  the cost of coverage;

 14-2                (5)  the amount of the copayment for an office visit;

 14-3                (6)  the schedule of benefits and the scope of

 14-4    coverage;

 14-5                (7)  the lifetime maximum benefit amount; and

 14-6                (8)  verification that the coverage is issued by a

 14-7    provider licensed to do business in this state by the Texas

 14-8    Department of Insurance or that a district is capable of covering

 14-9    the assumed liabilities in the case of coverage provided through

14-10    district self-insurance.

14-11          (b)  The cost of the coverage may be shared by the employees

14-12    and the district.

14-13          (c)  Each district shall report [certify] the district's

14-14    compliance with this subsection to the executive director of the

14-15    Teacher Retirement System of Texas not later than November 1 of

14-16    each year in the manner required by the board of trustees of the

14-17    Teacher Retirement System of Texas.  The report [certification]

14-18    must be based on the district group health coverage plan in effect

14-19    on November 1 and must include:

14-20                (1)  appropriate documentation of:

14-21                      (A)  [a copy of] the district's [current]

14-22    contract for group health coverage with a provider licensed to do

14-23    business in this state by the Texas Department of Insurance; or

14-24                      (B)  a resolution of the board of trustees of the

14-25    district authorizing a self-insurance plan for district employees

14-26    and of the district's review of district ability to cover the

14-27    liability assumed;

14-28                (2)  the schedule of benefits;

14-29                (3)  the premium rate sheet, including the amount paid

14-30    by the district and employee;

14-31                (4)  the number of employees covered by each health

14-32    coverage plan offered by the district; and

14-33                (5)  any other information considered appropriate by

14-34    the executive director of the Teacher Retirement System of Texas.

14-35          (d)  Based on the criteria prescribed by Subsection (a), the

14-36    executive director of the Teacher Retirement System of Texas shall

14-37    certify whether a district's coverage is comparable to the basic

14-38    health coverage provided under the Texas Employees Uniform Group

14-39    Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance

14-40    Code).  If the executive director of the Teacher Retirement System

14-41    of Texas determines that the group health coverage offered by a

14-42    district is not comparable, the executive director shall report

14-43    that information to the district and to the Legislative Budget

14-44    Board.  The executive director shall submit a report to the

14-45    legislature not later than January 1 of each odd-numbered year

14-46    describing the status of each district's group health coverage

14-47    program based on the information contained in the report required

14-48    by Subsection (c) and the certification required by this section.

14-49          (e) [(b)]  A school district may not contract with an

14-50    insurer, a company subject to Chapter 20, Insurance Code, or a

14-51    health maintenance organization to issue a policy or contract under

14-52    this section, or with any person to assist the school district in

14-53    obtaining or managing the policy or contract unless, before the

14-54    contract is entered into, the insurer, company, organization, or

14-55    person provides the district with an audited financial statement

14-56    showing the financial condition of the insurer, company,

14-57    organization, or person.

14-58          (f) [(c)]  An insurer, a company subject to Chapter 20,

14-59    Insurance Code, or a health maintenance organization that issues a

14-60    policy or contract under this section and any person that assists

14-61    the school district in obtaining or managing the policy or contract

14-62    for compensation shall provide an annual audited financial

14-63    statement to the school district showing the financial condition of

14-64    the insurer, company, organization, or person.

14-65          (g) [(d)]  An audited financial statement provided under this

14-66    section must be made in accordance with rules adopted by the

14-67    commissioner of insurance or state auditor, as applicable.

14-68          SECTION 38.  (a)  The Teacher Retirement System of Texas

14-69    shall adjust the monthly benefits of a person who retired under a

 15-1    service retirement annuity after April 30, 1997, but before

 15-2    September 1, 1997, to the amount that the person would have

 15-3    received if Section 824.202, Government Code, as amended by this

 15-4    Act, had been in effect on the effective date of the person's

 15-5    retirement.

 15-6          (b)  The benefit recomputation under this section shall

 15-7    include the appropriate reduction to an actuarial equivalent for

 15-8    any optional retirement annuity selected under Section 824.204,

 15-9    Government Code, at the time of retirement.

15-10          (c)  Any adjustment required by this section becomes

15-11    effective with the monthly benefit payable at the end of September

15-12    1997.

15-13          SECTION 39.  (a)  Monthly payments of a death or retirement

15-14    benefit annuity by the Teacher Retirement System of Texas are

15-15    increased beginning with the payment due at the end of September

15-16    1997.

15-17          (b)  The increase does not apply to payments under Section

15-18    824.304(a), 824.404, or 824.501, Government Code.

15-19          (c)  The amount of the monthly increase is computed by

15-20    multiplying the previous monthly benefit by a percentage determined

15-21    in accordance with the following table:

15-22    LATEST RETIREMENT DATE OR, IF APPLICABLE, DATE OF DEATH    INCREASE

15-23    Before September 1, 1971........................................ 5%

15-24    On or after September 1, 1971, but before September 1, 1972..... 6%

15-25    On or after September 1, 1972, but before September 1, 1973..... 5%

15-26    On or after September 1, 1973, but before September 1, 1974..... 8%

15-27    On or after September 1, 1974, but before September 1, 1975..... 5%

15-28    On or after September 1, 1975, but before September 1, 1976..... 2%

15-29    On or after September 1, 1976, but before September 1, 1977.... 14%

15-30    On or after September 1, 1977, but before September 1, 1978.... 13%

15-31    On or after September 1, 1978, but before September 1, 1979.... 12%

15-32    On or after September 1, 1979, but before September 1, 1981.... 10%

15-33    On or after September 1, 1981, but before September 1, 1984..... 9%

15-34    On or after September 1, 1984, but before September 1, 1985.... 10%

15-35    On or after September 1, 1985, but before September 1, 1986..... 9%

15-36    On or after September 1, 1986, but before September 1, 1987.... 10%

15-37    On or after September 1, 1987, but before September 1, 1988..... 8%

15-38    On or after September 1, 1988, but before September 1, 1989.... 10%

15-39    On or after September 1, 1989, but before September 1, 1990..... 9%

15-40    On or after September 1, 1990, but before September 1, 1992..... 6%

15-41    On or after September 1, 1992, but before September 1, 1993..... 5%

15-42    On or after September 1, 1993, but before September 1, 1994..... 7%

15-43    On or after September 1, 1994, but before September 1, 1995..... 5%

15-44    On or after September 1, 1995, but before September 1, 1996..... 3%

15-45          SECTION 40.  The change in law made by this Act in Section

15-46    822.201(c), Government Code, applies to all determinations of

15-47    compensation that are made on or after the effective date of this

15-48    Act for the purpose of computing an annuity that begins on or after

15-49    that date or making contributions for the purchase of service

15-50    credit on or after that date.

15-51          SECTION 41.  An employee of the Baylor College of Dentistry

15-52    who is not a faculty member, who was transferred to The Texas A&M

15-53    University System under Chapter 403, Acts of the 74th Legislature,

15-54    Regular Session, 1995,  who previous to the transfer was a

15-55    participant in a retirement program similar to the optional

15-56    retirement program established under Chapter 830, Government Code,

15-57    and who at the time of transfer elected to participate in the

15-58    optional retirement program rather than the Teacher Retirement

15-59    System of Texas shall continue participation in that program as if

15-60    the person were eligible for participation beginning on the first

15-61    day of employment with The Texas A&M University System.

15-62          SECTION 42.  Notwithstanding Section 824.6021, Government

15-63    Code, as added by this Act, a person who retired before September

15-64    1, 1997, is not subject to a loss of benefits under that section

15-65    for the first 90 days of employment on or after September 1, 1997,

15-66    or for the first 90 days of a contract that occur on or after that

15-67    date.

15-68          SECTION 43.  This Act takes effect September 1, 1997.

15-69          SECTION 44.  The importance of this legislation and the

 16-1    crowded condition of the calendars in both houses create an

 16-2    emergency and an imperative public necessity that the

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

 16-4    days in each house be suspended, and this rule is hereby suspended.

 16-5                                 * * * * *