1-1 By: Sibley, Ellis S.B. No. 222 1-2 (In the Senate - Filed January 16, 1997; January 21, 1997, 1-3 read first time and referred to Committee on Jurisprudence; 1-4 February 17, 1997, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 7, Nays 0; 1-6 February 17, 1997, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 222 By: Duncan 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to retirement benefits payable for service as a district 1-11 or criminal district attorney or county attorney performing the 1-12 duties of a district attorney. 1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-14 SECTION 1. Subchapter B, Chapter 814, Government Code, is 1-15 amended by adding Section 814.1031 to read as follows: 1-16 Sec. 814.1031. SERVICE RETIREMENT BENEFITS FOR SERVICE AS 1-17 DISTRICT OR CRIMINAL DISTRICT ATTORNEY OR COUNTY ATTORNEY WITH 1-18 DISTRICT ATTORNEY DUTIES. (a) Notwithstanding Section 814.103 and 1-19 except as provided by Subsection (b), the standard service 1-20 retirement annuity for service performed as a district or criminal 1-21 district attorney or county attorney performing the duties of a 1-22 district attorney is an amount equal to the number of years of 1-23 service credit in that position, multiplied by a percentage of the 1-24 state salary, as adjusted from time to time, being paid a district 1-25 judge. The percentage is derived from the following schedule: 1-26 Amount of service Percentage 1-27 less than 12 years 2.0 percent 1-28 at least 12 but less than 14 years 2.2 percent 1-29 at least 14 but less than 16 years 2.4 percent 1-30 at least 16 but less than 18 years 2.6 percent 1-31 at least 18 but less than 20 years 2.8 percent 1-32 20 years or more 3.0 percent 1-33 (b) The standard service retirement annuity for service 1-34 performed as a district or criminal district attorney or county 1-35 attorney performing the duties of a district attorney may not 1-36 exceed at any time 100 percent of the state salary being paid a 1-37 district judge. 1-38 SECTION 2. Subsection (a), Section 812.002, Government Code, 1-39 is amended to read as follows: 1-40 (a) Membership in the elected class of the retirement system 1-41 is limited to: 1-42 (1) persons who hold state offices that are normally 1-43 filled by statewide election and that are not included in the 1-44 coverage of the Judicial Retirement System of Texas Plan One or the 1-45 Judicial Retirement System of Texas Plan Two; 1-46 (2) members of the legislature; and 1-47 (3) district and criminal district attorneys and 1-48 county attorneys performing the duties of a district attorney, to 1-49 the extent that they receive salaries from the state general 1-50 revenue fund. 1-51 SECTION 3. Subsection (a), Section 814.108, Government Code, 1-52 is amended to read as follows: 1-53 (a) Instead of the standard service retirement annuity 1-54 payable under Section 814.103, 814.1031, or 814.105, the standard 1-55 combined service retirement annuity payable under Section 814.107, 1-56 or an annuity actuarially reduced because of age under Section 1-57 814.107, a retiring member may elect to receive an optional service 1-58 retirement annuity under this section. 1-59 SECTION 4. The change in law made by this Act to Subsection 1-60 (a), Section 812.002, Government Code, is intended to clarify the 1-61 law that was in effect and being administered immediately before 1-62 the effective date of this Act. 1-63 SECTION 5. This Act takes effect September 1, 1997. 1-64 SECTION 6. The importance of this legislation and the 2-1 crowded condition of the calendars in both houses create an 2-2 emergency and an imperative public necessity that the 2-3 constitutional rule requiring bills to be read on three several 2-4 days in each house be suspended, and this rule is hereby suspended. 2-5 * * * * *