By: Sibley, Ellis S.B. No. 222 A BILL TO BE ENTITLED AN ACT 1-1 relating to retirement benefits payable for service as a district 1-2 or criminal district attorney or county attorney performing the 1-3 duties of a district attorney. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter B, Chapter 814, Government Code, is 1-6 amended by adding Section 814.1031 to read as follows: 1-7 Sec. 814.1031. SERVICE RETIREMENT BENEFITS FOR SERVICE AS 1-8 DISTRICT OR CRIMINAL DISTRICT ATTORNEY OR COUNTY ATTORNEY WITH 1-9 DISTRICT ATTORNEY DUTIES. (a) Notwithstanding Section 814.103 and 1-10 except as provided by Subsection (b), the standard service 1-11 retirement annuity for service performed as a district or criminal 1-12 district attorney or county attorney performing the duties of a 1-13 district attorney is an amount equal to the number of years of 1-14 service credit in that position, multiplied by a percentage of the 1-15 state salary, as adjusted from time to time, being paid a district 1-16 judge. The percentage is derived from the following schedule: 1-17 Amount of service Percentage 1-18 less than 12 years 2.0 percent 1-19 at least 12 but less than 14 years 2.2 percent 1-20 at least 14 but less than 16 years 2.4 percent 1-21 at least 16 but less than 18 years 2.6 percent 1-22 at least 18 but less than 20 years 2.8 percent 1-23 20 years or more 3.0 percent 2-1 (b) The standard service retirement annuity for service 2-2 performed as a district or criminal district attorney or county 2-3 attorney performing the duties of a district attorney may not 2-4 exceed at any time 100 percent of the state salary being paid a 2-5 district judge. 2-6 SECTION 2. Subsection (a), Section 812.002, Government Code, 2-7 is amended to read as follows: 2-8 (a) Membership in the elected class of the retirement system 2-9 is limited to: 2-10 (1) persons who hold state offices that are normally 2-11 filled by statewide election and that are not included in the 2-12 coverage of the Judicial Retirement System of Texas Plan One or the 2-13 Judicial Retirement System of Texas Plan Two; 2-14 (2) members of the legislature; and 2-15 (3) district and criminal district attorneys and 2-16 county attorneys performing the duties of a district attorney, to 2-17 the extent that they receive salaries from the state general 2-18 revenue fund. 2-19 SECTION 3. Subsection (a), Section 814.108, Government Code, 2-20 is amended to read as follows: 2-21 (a) Instead of the standard service retirement annuity 2-22 payable under Section 814.103, 814.1031, or 814.105, the standard 2-23 combined service retirement annuity payable under Section 814.107, 2-24 or an annuity actuarially reduced because of age under Section 2-25 814.107, a retiring member may elect to receive an optional service 3-1 retirement annuity under this section. 3-2 SECTION 4. The change in law made by this Act to Subsection 3-3 (a), Section 812.002, Government Code, is intended to clarify the 3-4 law that was in effect and being administered immediately before 3-5 the effective date of this Act. 3-6 SECTION 5. This Act takes effect September 1, 1997. 3-7 SECTION 6. The importance of this legislation and the 3-8 crowded condition of the calendars in both houses create an 3-9 emergency and an imperative public necessity that the 3-10 constitutional rule requiring bills to be read on three several 3-11 days in each house be suspended, and this rule is hereby suspended.