AN ACT

 1-1     relating to systems and programs administered by the Employees

 1-2     Retirement System of Texas.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subsection (g), Section 805.002, Government Code,

 1-5     is amended to read as follows:

 1-6           (g)  To be eligible to make a transfer pursuant to Subsection

 1-7     (d), a person must be the same beneficiary under both retirement

 1-8     systems, except that if the only service credited in the system

 1-9     from which service is being transferred is reinstated service and

1-10     no beneficiary designation was made at or after the time of

1-11     reinstatement, the beneficiary in the receiving system may make the

1-12     election.

1-13           SECTION 2.  Subdivisions (8) and (9), Section 811.001,

1-14     Government Code, are amended to read as follows:

1-15                 (8)  "Custodial officer" means a member of the

1-16     retirement system who is employed by the institutional division or

1-17     the state jail division of the Texas Department of Criminal Justice

1-18     and certified by the department as having a normal job assignment

1-19     that requires frequent or infrequent regularly planned contact

1-20     with, and in close proximity to, inmates of the institutional

1-21     division or inmates or defendants confined in the state jail

1-22     division without the protection of bars, doors, security screens,

1-23     or similar devices and includes assignments normally involving

 2-1     supervision or the potential for supervision of inmates in inmate

 2-2     housing areas, educational or recreational facilities, industrial

 2-3     shops, kitchens, laundries, medical areas, agricultural shops or

 2-4     fields, or in other areas on or away from property of the

 2-5     institutional division or the state jail division.  The term

 2-6     includes a member who transfers from the Texas Department of

 2-7     Criminal Justice to the managed health care unit of The University

 2-8     of Texas Medical Branch or the Texas Tech University Health

 2-9     Sciences Center pursuant to Section 9.01, Chapter 238, Acts of the

2-10     73rd Legislature, 1993, elects at the time of transfer to retain

2-11     membership in the retirement system, and is certified by the

2-12     managed health care unit or the health sciences center as having a

2-13     normal job assignment described by this subdivision.

2-14                 (9)  "Law enforcement officer" means a member of the

2-15     retirement system who has been commissioned as a law enforcement

2-16     officer by the Department of Public Safety, the Texas Alcoholic

2-17     Beverage Commission, [the State Purchasing and General Services

2-18     Commission, Capitol Area Security Force,] the State Board of

2-19     Pharmacy, or the Parks and Wildlife Department and who is

2-20     recognized as a commissioned law enforcement officer by the

2-21     Commission on Law Enforcement Officer Standards and Education.

2-22           SECTION 3.  Section 813.104, Government Code, is amended to

2-23     read as follows:

2-24           Sec. 813.104.  ALTERNATIVE PAYMENTS TO ESTABLISH OR

2-25     REESTABLISH SERVICE CREDIT.  (a)  The board of trustees may adopt

 3-1     rules to provide procedures for making installment payments to

 3-2     establish or reestablish credit in the retirement system as

 3-3     alternatives to lump-sum payments otherwise authorized or required

 3-4     by this subtitle.  The methods may include payment by payroll

 3-5     deduction.  [A member who is otherwise eligible may establish or

 3-6     reestablish service creditable in the retirement system by making

 3-7     payments as provided by this section in lieu of lump-sum payments

 3-8     otherwise authorized or required by this subtitle.]

 3-9           (b)  [A payment authorized by this section consists of the

3-10     contribution required to establish or reestablish at least one year

3-11     of service credit, including any required interest and membership

3-12     fees, except that a person's last in a series of payments under

3-13     this section may be for a period of remaining service that is less

3-14     than one year.]

3-15           [(c)  The retirement system shall grant the applicable amount

3-16     of service credit after each payment is made under this section.]

3-17           [(d)]  Except as provided by Subsection (c) [(e)], payments

3-18     may not be made under a rule adopted under this section:

3-19                 (1)  to establish or reestablish service credit of a

3-20     person who has retired or died; or

3-21                 (2)  to establish current service under Section

3-22     813.201.

3-23           (c)  Under a rule adopted under this section, the [(e)  The]

3-24     designated beneficiary of a deceased member or, if none exists, the

3-25     personal representative of the decedent's estate may establish or

 4-1     reestablish service for which the member was eligible at the time

 4-2     of death if the establishment of the service would result in the

 4-3     payment of a death benefit annuity or an increase in the amount of

 4-4     a death benefit annuity.

 4-5           (d) [(f)]  The payment for the establishment or

 4-6     reestablishment of service under Subsection (c) [(e)] must be made

 4-7     in a lump sum and completed before the first payment of a death

 4-8     benefit annuity, but not later than the 60th day after the date the

 4-9     retirement system receives notice of the death.

4-10           [(g)  The retirement system may adopt rules to administer

4-11     this section.]

4-12           SECTION 4.  Section 813.106, Government Code, is amended to

4-13     read as follows:

4-14           Sec. 813.106.  SERVICE NOT PREVIOUSLY ESTABLISHED.  The state

4-15     shall make contributions for service not previously established

4-16     that is established under Section 813.104 [or 813.105] in the

4-17     amount provided by Section 813.202(c) [813.202(e)] for membership

4-18     service or the amount provided by Section 813.302(d) for military

4-19     service, as applicable.  The state contributions will be made at

4-20     the time the service credit is granted.

4-21           SECTION 5.  Section 813.202, Government Code, is amended to

4-22     read as follows:

4-23           Sec. 813.202.  MEMBERSHIP SERVICE NOT PREVIOUSLY ESTABLISHED.

4-24     (a)  Except as provided by Section 813.402 [and Subsection (b)],

4-25     any member may establish service credit in the retirement system

 5-1     for membership service not previously established.

 5-2           (b)  A [Membership service not previously credited because of

 5-3     a waiting period required before September 1, 1958, may be

 5-4     established only by a contributing member.]

 5-5           [(c)  Except as provided by Subsection (d), a] member may

 5-6     establish credit under this section by depositing with the

 5-7     retirement system in a lump sum a contribution computed as provided

 5-8     by Section 813.404 or 813.505, plus all membership fees due, plus

 5-9     interest computed on the basis of the state fiscal year at an

5-10     annual rate of 10 percent from the date the service was performed

5-11     to the date of deposit.

5-12           (c) [(d)  A member claiming credit for service not previously

5-13     creditable because of a waiting period required before September 1,

5-14     1958, is exempt from the payment of interest on the required

5-15     contribution if the member establishes the credit before the first

5-16     anniversary of the person's becoming a member of the retirement

5-17     system.]

5-18           [(e)]  The state shall contribute for service established

5-19     under this section an amount in the same ratio to the member's

5-20     contribution for the service as the state's contribution bears to

5-21     the contribution for current service required of a member of the

5-22     employee class at the time the service is established under this

5-23     section.  The state's contribution must be paid from the fund or

5-24     account from which the member receives compensation at the time the

5-25     service is established or, if the member does not hold a position

 6-1     at the time the service is established, from the fund or account

 6-2     from which the member received compensation when the member most

 6-3     recently held a position.

 6-4           SECTION 6.  Subsection (b), Section 813.301, Government Code,

 6-5     is amended to read as follows:

 6-6           (b)  A member may [not] establish one month of service credit

 6-7     for each month or fraction of a month of duty, but not more than 60

 6-8     months of service credit in the retirement system for military

 6-9     service.

6-10           SECTION 7.  Section 813.402, Government Code, is amended to

6-11     read as follows:

6-12           Sec. 813.402.  CREDIT FOR YEAR IN WHICH ELIGIBLE FOR OFFICE.

6-13     (a)  A [contributing] member may establish service credit in the

6-14     elected class for any calendar year during any part of which:

6-15                 (1)  the member held an office included in that class;

6-16     or

6-17                 (2)  the member was eligible to take the oath for an

6-18     office included in that class.

6-19           (b)  A [contributing] member may establish credit under this

6-20     section by depositing with the retirement system in a lump sum a

6-21     contribution computed as provided by Section 813.404, plus all

6-22     membership fees due, plus interest computed at an annual rate of 10

6-23     percent from the fiscal year in which the service was performed to

6-24     the date of deposit.

6-25           SECTION 8.  Section 813.504, Government Code, is amended to

 7-1     read as follows:

 7-2           Sec. 813.504.  ELIGIBILITY FOR SERVICE CREDIT PREVIOUSLY

 7-3     CANCELED.  (a)  A member of the employee class may reestablish

 7-4     service credit previously canceled in the retirement system if at

 7-5     least six months have elapsed since the end of the month in which

 7-6     the cancellation became effective [the member, after  cancellation

 7-7     of the credit, holds a position for six months that is included in

 7-8     the employee class].

 7-9           (b)  A former member of the employee class who does not

7-10     receive a disability retirement annuity from the retirement system

7-11     but who presents evidence satisfactory to the retirement system

7-12     that the person is disabled and cannot resume state employment may

7-13     reestablish service credit previously canceled in the retirement

7-14     system for the purpose of retiring with a service retirement

7-15     annuity.

7-16           SECTION 9.  Subsections (a) and (c), Section 813.506,

7-17     Government Code, are amended to read as follows:

7-18           (a)  The Texas Department of Criminal Justice, the managed

7-19     health care unit of The University of Texas Medical Branch, and the

7-20     Texas Tech University Health Sciences Center by rule shall adopt

7-21     standards for determining eligibility for service credit as a

7-22     custodial officer, based on the need to encourage early retirement

7-23     of persons whose duties are hazardous and require them to have

7-24     routine contact with inmates of or defendants confined in the state

7-25     jail division of the Texas Department of Criminal Justice on a

 8-1     regular basis.

 8-2           (c)  The Texas Department of Criminal Justice, the managed

 8-3     health care unit of The University of Texas Medical Branch, or the

 8-4     Texas Tech University Health Sciences Center, as applicable, shall

 8-5     determine a person's eligibility to receive credit as a custodial

 8-6     officer.  A determination of the department or unit may not be

 8-7     appealed by an employee but is subject to change by the retirement

 8-8     system.

 8-9           SECTION 10.  Subsection (a), Section 813.509, Government

8-10     Code, is amended to read as follows:

8-11           (a)  A member who holds a position included in the employee

8-12     class of membership during the month that includes the effective

8-13     date of the member's retirement and who retires based on service or

8-14     a disability is entitled to service credit in the retirement system

8-15     for the member's sick leave that has accumulated and is unused on

8-16     the last day of employment.  Sick leave is creditable in the

8-17     retirement system at the rate of one month of service credit for

8-18     each 20 days, or 160 hours, of accumulated sick leave and one month

8-19     for each fraction of days or hours remaining after division of the

8-20     total hours of accumulated sick leave by 160.  [An increment of

8-21     less than 20 days is not creditable.]

8-22           SECTION 11.  Subsection (a), Section 814.005, Government

8-23     Code, is amended to read as follows:

8-24           (a)  A person may, on a form prescribed by and filed with the

8-25     retirement system, waive all or a portion of any benefits from the

 9-1     retirement system to which the person is entitled.  The retirement

 9-2     system also shall give effect as a waiver to a full or partial

 9-3     disclaimer executed in accordance with Section 37A, Texas Probate

 9-4     Code, unless the benefit to be disclaimed is a lifetime annuity.  A

 9-5     person may revoke a waiver of benefits in the same manner as the

 9-6     original waiver was made, unless the original waiver by its terms

 9-7     was made irrevocable.

 9-8           SECTION 12.  Section 814.104, Government Code, is amended to

 9-9     read as follows:

9-10           Sec. 814.104.  ELIGIBILITY OF MEMBER FOR SERVICE RETIREMENT.

9-11     (a)  Except as provided by Section 814.102 or by rule adopted under

9-12     Section 813.304(d) or 803.202(2), a member who has service credit

9-13     in the retirement system is eligible to retire and receive a

9-14     service retirement annuity[, if the member]:

9-15                 (1)  if the member is at least 60 years old and has 5

9-16     years of service credit in the employee class; or

9-17                 (2)  if the sum of the member's age and amount of

9-18     service credit in the employee class, including months of age and

9-19     credit, equals the number 80 [is at least 55 years old and has 25

9-20     years of service credit in the retirement system; or]

9-21                 [(3)  is at least 50 years old and has 30 years of

9-22     service credit in the retirement system].

9-23           (b)  A member who is at least 55 years old and who has at

9-24     least 10 years of service credit as a commissioned peace officer

9-25     engaged in criminal law enforcement activities of the Department of

 10-1    Public Safety, the Texas Alcoholic Beverage Commission, [the State

 10-2    Purchasing and General Services Commission Capitol Area Security

 10-3    Force,] the State Board of Pharmacy, or the Parks and Wildlife

 10-4    Department, as an employee of the Railroad Commission of Texas who

 10-5    is licensed by the Commission on Law Enforcement Officer Standards

 10-6    and Education and has served at least five years as an investigator

 10-7    for the oil field theft detection division, or as a custodial

 10-8    officer, is eligible to retire and receive a service retirement

 10-9    annuity.

10-10          SECTION 13.  Subchapter B, Chapter 814, Government Code, is

10-11    amended by adding Section 814.1041 to read as follows:

10-12          Sec. 814.1041.  TEMPORARY SERVICE RETIREMENT OPTION FOR

10-13    MEMBERS AFFECTED BY PRIVATIZATION OR OTHER REDUCTION IN WORKFORCE.

10-14    (a)  This section applies only to members of the employee class

10-15    whose positions with the Texas Workforce Commission, the Texas

10-16    Department of Human Services, or the Texas Department of Mental

10-17    Health and Mental Retardation are eliminated as a result of

10-18    contracts with private service providers or other reductions in

10-19    services provided by those agencies and who separate from state

10-20    service at that time.

10-21          (b)  A member described by Subsection (a)  is eligible to

10-22    retire and receive a service retirement annuity if the member's age

10-23    and service credit, each increased by three years, would meet age

10-24    and service requirements for service retirement under Section

10-25    814.104(a) at the time the member separates from state service as

 11-1    described by Subsection (a).  The annuity of a person who retires

 11-2    under this subsection is computed on the person's accrued service

 11-3    credit increased by three years.

 11-4          (c)  A member described by Subsection (a) becomes eligible to

 11-5    retire and receive a service retirement annuity on the date on

 11-6    which the member would have met the age and service requirements

 11-7    for service retirement under Section 814.104(a) had the member

 11-8    remained employed by the state if, on the date of separation from

 11-9    state service, the member's age and service credit, each increased

11-10    by five years, would meet age and service requirements for service

11-11    retirement under Section 814.104(a).  The annuity of a person who

11-12    retires under this subsection is computed on the person's accrued

11-13    service credit.

11-14          (d)  If a member described by Subsection (c) is reemployed by

11-15    the state before retirement, the time between the member's

11-16    separation from state service and reemployment may be used only to

11-17    compute eligibility for service retirement and may not be used to

11-18    compute the amount of any service retirement annuity.

11-19          (e)  A member who applies to retire under this section and

11-20    the state agency from which the member separated from service shall

11-21    provide documentation required by the retirement system to

11-22    establish eligibility to retire under this section.

11-23          (f)  This section applies only to positions eliminated by

11-24    privatization or other reductions in workforce before September 1,

11-25    1999.

 12-1          SECTION 14.  Subsection (a), Section 814.105, Government

 12-2    Code, is amended to read as follows:

 12-3          (a)  Except as otherwise provided by this section, the

 12-4    standard service retirement annuity for service credited in the

 12-5    employee class of membership is an amount computed as the member's

 12-6    average monthly compensation for service in that class for the 36

 12-7    highest months of compensation multiplied by 2.25 [2] percent for

 12-8    each year of service credit in that class.

 12-9          SECTION 15.  Subsection (a), Section 814.1081, Government

12-10    Code, is amended to read as follows:

12-11          (a)  A person who retired and selected an optional service

12-12    retirement annuity approved by the board of trustees or an optional

12-13    service retirement annuity described by Section 814.108(c)(1) or

12-14    (c)(2)[, and who designated a person as beneficiary who was not at

12-15    the time of designation and is not currently the retiree's spouse

12-16    or child] may change the optional annuity selection to the

12-17    selection of a standard service retirement annuity by filing with

12-18    the retirement system a request to change the annuity selection, if

12-19    the retiree designated a person as beneficiary who:

12-20                (1)  was not at the time of designation and is not

12-21    currently the retiree's spouse or child; or

12-22                (2)  has executed since the designation a transfer and

12-23    release, approved by a court of competent jurisdiction pursuant to

12-24    a divorce decree, of the beneficiary's interest in the annuity and

12-25    is not currently the retiree's spouse or child.

 13-1          SECTION 16.  Subsection (d), Section 815.003, Government

 13-2    Code, is amended to read as follows:

 13-3          (d)  The board shall hold elections for the members and

 13-4    retirees to nominate and elect a trustee before August 31 [1] of

 13-5    each odd-numbered year.  The board shall make ballots available to

 13-6    members of the retirement system and retirees and all votes must be

 13-7    cast on those ballots.

 13-8          SECTION 17.  Subchapter B, Chapter 815, Government Code, is

 13-9    amended by adding Section 815.106 to read as follows:

13-10          Sec. 815.106.  INFORMATION TO LEGISLATURE.  (a)  The

13-11    retirement system may not use any money under its control to

13-12    influence the outcome of an election or to support the passage or

13-13    defeat of legislation.

13-14          (b)  This section does not prohibit the board of trustees, as

13-15    fiduciaries of the trust fund and as trustees of other programs

13-16    administered by the board, or the officers or employees of the

13-17    retirement system, as designees of the board, from making

13-18    recommendations to the legislature concerning the actuarial

13-19    soundness of a retirement system administered by the board, the

13-20    fiscal or legal implications of proposed legislation, or statutory

13-21    changes designed to more efficiently administer and effectuate the

13-22    purposes of a retirement system or other program administered by

13-23    the board.  In addition, the board or an officer or employee of the

13-24    retirement system may provide to a member of the legislature or a

13-25    legislative committee, at the request of the member or committee,

 14-1    any factual information that is not made confidential by law.

 14-2          SECTION 18.  Subsection (b), Section 815.303, Government

 14-3    Code, is amended to read as follows:

 14-4          (b)  To be eligible to lend securities under this section, a

 14-5    bank or brokerage firm must:

 14-6                (1)  be experienced in the operation of a fully secured

 14-7    securities loan program;

 14-8                (2)  maintain adequate capital in the prudent judgment

 14-9    of the retirement system to assure the safety of the securities;

14-10                (3)  execute an indemnification agreement satisfactory

14-11    in form and content to the retirement system fully indemnifying the

14-12    retirement system against loss resulting from borrower default in

14-13    its operation of a securities loan program for the system's

14-14    securities; and

14-15                (4)  require any securities broker or dealer to whom it

14-16    lends securities belonging to the retirement system to deliver to

14-17    and maintain with the custodian collateral in the form of cash or

14-18    United States government securities in an amount equal to not less

14-19    than 100 percent of the market value, from time to time, of the

14-20    loaned securities.

14-21          SECTION 19.  Section 815.307, Government Code, is amended to

14-22    read as follows:

14-23          Sec. 815.307.  DUTY OF CARE.  The assets of the retirement

14-24    system shall be invested and reinvested without distinction as to

14-25    their source in accordance with Section 67, Article XVI, Texas

 15-1    Constitution.  Investment decisions are subject to the standard

 15-2    provided in the Texas Trust Code by Section 113.056(a), Property

 15-3    Code.  [In making investments for the retirement system, the board

 15-4    of trustees or the executive director shall exercise the judgment

 15-5    and care, under the circumstances prevailing at the time of the

 15-6    investment, that persons of ordinary prudence, discretion, and

 15-7    intelligence exercise in the management of their own affairs, not

 15-8    in speculation but when making a permanent disposition of their

 15-9    funds, considering the probable income from the disposition and the

15-10    probable safety of their capital.]

15-11          SECTION 20.  Subsection (a), Section 815.403, Government

15-12    Code, is amended to read as follows:

15-13          (a)  During each fiscal year, the state shall contribute to

15-14    the retirement system:

15-15                (1)  an amount equal to 7.4 percent of the total

15-16    compensation of all members of the retirement system for that year;

15-17                (2)  money to pay lump-sum death benefits for retirees

15-18    under Section 814.501;

15-19                (3)  an amount for the law enforcement and custodial

15-20    officer supplemental retirement fund equal to 2.13 percent of the

15-21    aggregate state compensation of all custodial and law enforcement

15-22    officers for that year;

15-23                (4)  money necessary for the administration of the law

15-24    enforcement and custodial officer supplemental retirement fund; and

15-25                (5)  money for service credit not previously

 16-1    established, as provided by Section 813.202(c) [813.202(e)] or

 16-2    813.302(d).

 16-3          SECTION 21.  Subchapter F, Chapter 815, Government Code, is

 16-4    amended by adding Section 815.5072 to read as follows:

 16-5          Sec. 815.5072.  EXCESS BENEFIT ARRANGEMENT.  (a)  A separate,

 16-6    nonqualified, unfunded excess benefit arrangement is created

 16-7    outside the trust fund of the retirement system.  This excess

 16-8    benefit arrangement shall be administered as a governmental excess

 16-9    benefit arrangement under Section 415(m) of the Internal Revenue

16-10    Code of 1986 (26 U.S.C. Section 415(m)).  The purpose of the excess

16-11    benefit arrangement is to pay to annuitants of the retirement

16-12    system benefits otherwise payable by the retirement system that

16-13    exceed the limitations on benefits imposed by Section 415(b)(1)(A)

16-14    of the Internal Revenue Code of 1986 (26 U.S.C. Section

16-15    415(b)(1)(A)).

16-16          (b)  The board of trustees is responsible for the

16-17    administration of this arrangement.  Except as otherwise provided

16-18    by this section, the board has the same rights, duties, and

16-19    responsibilities concerning the excess benefit arrangement as it

16-20    has to the trust fund.

16-21          (c)  Benefits under this section are exempt from execution to

16-22    the same extent as provided by Section 811.005, except that the

16-23    benefits are completely unassignable.  Contributions to this

16-24    arrangement are not held in trust and may not be commingled with

16-25    other funds of the retirement system.

 17-1          (d)  An annuitant is entitled to a monthly benefit under this

 17-2    section in an amount equal to the amount by which the benefit

 17-3    otherwise payable by the retirement system has been reduced by the

 17-4    limitation on benefits imposed by Section 415(b)(1)(A) of the

 17-5    Internal Revenue Code of 1986 (26 U.S.C. Section 415(b)(1)(A)).

 17-6    The benefit payable by this arrangement is payable at the times and

 17-7    in the form that the  benefit payable under the trust fund is paid.

 17-8          (e)  The benefit payable under this section shall be paid

 17-9    from state contributions that otherwise would be made to the trust

17-10    fund under Section 815.403.  In lieu of deposit in the state

17-11    accumulation account, an amount determined by the retirement system

17-12    to be necessary to pay benefits under this section shall be paid

17-13    monthly to the credit of a dedicated account in the general revenue

17-14    fund maintained only for the excess benefit arrangement.  The

17-15    account may include amounts needed to pay reasonable and necessary

17-16    expenses of administering this arrangement.  The monthly amount to

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

17-18    account at least 15 days before the date of a monthly disbursement

17-19    under this section.

17-20          (f)  The board of trustees may adopt rules governing the

17-21    excess benefit arrangement that are necessary for the efficient

17-22    administration of the arrangement in compliance with Section 415(m)

17-23    of the Internal Revenue Code of 1986 (26 U.S.C. Section 415(m)).

17-24          SECTION 22.  Subsection (a), Section 815.510, Government

17-25    Code, is amended to read as follows:

 18-1          (a)  The Employees Retirement System of Texas shall submit a

 18-2    report not later than the 25th day of the month following the end

 18-3    of each fiscal year to the governor, the lieutenant governor, the

 18-4    speaker of the house of representatives, the executive director of

 18-5    the State Pension Review Board, the appropriate oversight

 18-6    committees of the house and senate, and the Legislative Budget

 18-7    Board.  The report shall include the following:

 18-8                (1)  the current end-of-fiscal-year market value of the

 18-9    trust fund;

18-10                (2)  [the current book value of the trust fund;]

18-11                [(3)]  the asset allocations of the trust fund

18-12    expressed in percentages of stocks, fixed income, cash, or other

18-13    financial investments; and

18-14                (3) [(4)]  the investment performance of the trust fund

18-15    utilizing accepted industry measurement standards.

18-16          SECTION 23.  Subchapter F, Chapter 815, Government Code, is

18-17    amended by adding Section 815.512 to read as follows:

18-18          Sec. 815.512.  PROTECTION FROM DOUBLE OR MULTIPLE LIABILITY.

18-19    The executive director may cause a suit concerning a claim to be

18-20    filed on behalf of the retirement system in a district court in

18-21    Travis County to protect the system from double or multiple

18-22    liability if the executive director determines that a claim may

18-23    expose the retirement system to such liability.

18-24          SECTION 24.  (a)  Annuities that are described by Section

18-25    814.107, 814.207, 814.305, or 814.601(a), Government Code, and are

 19-1    based on service retirements, disability retirements, or deaths

 19-2    that occurred or occur after August 31, 1996, but before September

 19-3    1, 1997, are increased by 12.5 percent.

 19-4          (b)  The increase in annuities under Subsection (a) of this

 19-5    section is payable beginning with the first monthly payments of the

 19-6    annuities that become due after the effective date of this Act.

 19-7          (c)  Except as provided by Subsection (d) of this section,

 19-8    the board of trustees of the Employees Retirement System of Texas

 19-9    shall pay the increased annuities provided by this section from the

19-10    retirement annuity reserve account of the retirement system and may

19-11    transfer to that account from the state accumulation account of the

19-12    retirement system any portion of the amount that exceeds the amount

19-13    in the retirement annuity reserve account available to finance the

19-14    increases in benefits, and that is actuarially determined to be

19-15    necessary to finance the increases, for the duration of the

19-16    annuities to which the increases apply.

19-17          (d)  The increase in benefits payable to a law enforcement or

19-18    custodial officer who retired before the age of 50 or for service

19-19    established under Section 813.509, Government Code, is payable from

19-20    the law enforcement and custodial officer supplemental retirement

19-21    fund.

19-22          (e)  The increase provided by Subsection (a) of this section

19-23    shall be computed on the service percentage value described by

19-24    Section 814.105(a), Government Code.

19-25          SECTION 25.  The board of trustees of the Employees

 20-1    Retirement System of Texas shall authorize a supplemental payment

 20-2    under Section 814.603(d), Government Code, to be made in the fiscal

 20-3    year beginning September 1, 1997, if the conditions required by

 20-4    that subsection are met.

 20-5          SECTION 26.  Subsection (d), Section 833.103, Government

 20-6    Code, is amended to read as follows:

 20-7          (d)  A member may [not] establish one month of service credit

 20-8    for each month or fraction of a month of duty, but not more than 48

 20-9    months of service credit in the retirement system for military

20-10    service.

20-11          SECTION 27.  Section 833.105, Government Code, is amended to

20-12    read as follows:

20-13          Sec. 833.105.  ALTERNATIVE PAYMENTS TO ESTABLISH OR

20-14    REESTABLISH SERVICE CREDIT.  (a)  The board of trustees may adopt

20-15    rules to provide procedures for making installment payments to

20-16    establish or reestablish credit in the retirement system as

20-17    alternatives to lump-sum payments otherwise authorized or required

20-18    by this subtitle.  The methods may include payment by payroll

20-19    deduction.  [A member who is otherwise eligible may establish or

20-20    reestablish service creditable in the retirement system by making

20-21    payments as provided by this section in lieu of lump-sum payments

20-22    otherwise authorized or required by this subtitle.]

20-23          (b)  Except as provided by Subsection (c), payments [A

20-24    payment authorized by this section consists of the contribution

20-25    required to establish or reestablish at least one year of service

 21-1    credit, including any required interest and membership fees, except

 21-2    that a person's last in a series of payments under this section may

 21-3    be for a period of remaining service that is less than one year.]

 21-4          [(c)  The retirement system shall grant the applicable amount

 21-5    of service credit after each payment is made under this section.]

 21-6          [(d)  Payments] may not be made under a rule adopted under

 21-7    this section:

 21-8                (1)  to establish or reestablish service credit of a

 21-9    person who has retired or died; or

21-10                (2)  to establish current service under Section

21-11    833.101.

21-12          (c)  Under a rule adopted under this section, the designated

21-13    beneficiary of a deceased member or, if none exists, the personal

21-14    representative of the decedent's estate may establish or

21-15    reestablish service for which the member was eligible at the time

21-16    of death if the establishment or reestablishment of the service

21-17    would result in the payment of a death benefit annuity.

21-18          (d)  The payment for the establishment or reestablishment of

21-19    service under Subsection (c) must be made in a lump sum and

21-20    completed before the first payment of a death benefit annuity but

21-21    not later than the 60th day after the date the retirement system

21-22    receives notice of the death.

21-23          [(e)  The retirement system may adopt rules to administer

21-24    this section.]

21-25          SECTION 28.  Subchapter A, Chapter 834, Government Code, is

 22-1    amended by adding Section 834.005 to read as follows:

 22-2          Sec. 834.005.  DISCLAIMER OF BENEFITS.  The retirement system

 22-3    shall give effect to a full or partial disclaimer of benefits

 22-4    executed in accordance with Section 37A, Texas Probate Code, unless

 22-5    the benefit to be disclaimed is a lifetime annuity.

 22-6          SECTION 29.  Subsection (a), Section 834.101, Government

 22-7    Code, is amended to read as follows:

 22-8          (a)  A member is eligible to retire and receive a base

 22-9    service retirement annuity if the member:

22-10                (1)  is at least 65 years old, currently holds a

22-11    judicial office, and has at least 10 years of service credited in

22-12    the retirement system[, the most recently performed of which was

22-13    for a continuous period of at least one year];

22-14                (2)  is at least 65 years old and has at least 12 years

22-15    of service[, continuous or otherwise,] credited in the retirement

22-16    system, regardless of whether the member currently holds a judicial

22-17    office; or

22-18                (3)  has at least 20 years of service credited in the

22-19    retirement system, [the most recently performed of which was for a

22-20    continuous period of at least 10 years,] regardless of whether the

22-21    member currently holds a judicial office.

22-22          SECTION 30.  Section 834.302, Government Code, is amended to

22-23    read as follows:

22-24          Sec. 834.302.  SELECTION OF DEATH BENEFIT PLAN BY SURVIVOR OF

22-25    MEMBER.  (a)  If a member eligible to select a death benefit plan

 23-1    under Section 834.301(a) dies without having made a selection or if

 23-2    a selection cannot be made effective, the member's designated

 23-3    beneficiary [surviving spouse] may select a plan in the same manner

 23-4    as if the member had made the selection.  If there is no designated

 23-5    beneficiary [surviving spouse], the personal representative of the

 23-6    decedent's estate may make the selection.

 23-7          (b)  If a person dies who meets the description in Section

 23-8    814.302(b), the person's designated beneficiary  [surviving spouse]

 23-9    or the guardian of surviving minor children may select a death

23-10    benefit plan under that subsection.

23-11          SECTION 31.  Subsection (d), Section 838.103, Government

23-12    Code, is amended to read as follows:

23-13          (d)  A member may [not] establish one month of service credit

23-14    for each month or fraction of a month of duty, but not more than 48

23-15    months of service credit in the retirement system for military

23-16    service.

23-17          SECTION 32.  Section 838.105, Government Code, is amended to

23-18    read as follows:

23-19          Sec. 838.105.  ALTERNATIVE PAYMENTS TO ESTABLISH OR

23-20    REESTABLISH SERVICE CREDIT.  (a)  The board of trustees may adopt

23-21    rules to provide procedures for making installment payments to

23-22    establish or reestablish credit in the retirement system as

23-23    alternatives to lump-sum payments otherwise authorized or required

23-24    by this subtitle.  The methods may include payment by payroll

23-25    deduction.  [A member who is otherwise eligible may establish or

 24-1    reestablish service creditable in the retirement system by making

 24-2    payments as provided by this section in lieu of lump-sum payments

 24-3    otherwise authorized or required by this subtitle.]

 24-4          (b)  Except as provided by Subsection (c), payments [A

 24-5    payment authorized by this section consists of the contribution

 24-6    required to establish or reestablish at least one year of service

 24-7    credit, including any required interest and membership fees, except

 24-8    that a person's last in a series of payments under this section may

 24-9    be for a period of remaining service that is less than one year.]

24-10          [(c)  The retirement system shall grant the applicable amount

24-11    of service credit after each payment is made under this section.]

24-12          [(d)  Payments] may not be made under a rule adopted under

24-13    this section:

24-14                (1)  to establish or reestablish service credit of a

24-15    person who has retired or died; or

24-16                (2)  to establish current service under Section

24-17    838.101.

24-18          (c)  Under a rule adopted under this section, the designated

24-19    beneficiary of a deceased member or, if none exists, the personal

24-20    representative of the decedent's estate may establish or

24-21    reestablish service for which the member was eligible at the time

24-22    of death if the establishment or reestablishment of the service

24-23    would result in the payment of a death benefit annuity.

24-24          (d)  The payment for the establishment or reestablishment of

24-25    service under Subsection (c) must be made in a lump sum and

 25-1    completed before the first payment of a death benefit annuity, but

 25-2    not later than the 60th day after the date the retirement system

 25-3    receives notice of the death.

 25-4          [(e)  The retirement system may adopt rules to administer

 25-5    this section.]

 25-6          SECTION 33.  Subchapter A, Chapter 839, Government Code, is

 25-7    amended by adding Section 839.004 to read as follows:

 25-8          Sec. 839.004.  DISCLAIMER OF BENEFITS.  The retirement system

 25-9    shall give effect to a full or partial disclaimer of benefits

25-10    executed in accordance with Section 37A, Texas Probate Code, unless

25-11    the benefit to be disclaimed is a lifetime annuity.

25-12          SECTION 34.  Subsection (a), Section 839.101, Government

25-13    Code, is amended to read as follows:

25-14          (a)  A member is eligible to retire and receive a service

25-15    retirement annuity if the member:

25-16                (1)  is at least 65 years old, currently holds a

25-17    judicial office, and has at least 10 years of service credited in

25-18    the retirement system[, the most recently performed of which was

25-19    for a continuous period of at least one year];

25-20                (2)  is at least 65 years old and has at least 12 years

25-21    of service[, continuous or otherwise,] credited in the retirement

25-22    system, regardless of whether the member currently holds a judicial

25-23    office; or

25-24                (3)  has at least 20 years of service credited in the

25-25    retirement system, [the most recently performed of which was for a

 26-1    continuous period of at least 10 years,] regardless of whether the

 26-2    member currently holds a judicial office.

 26-3          SECTION 35.  Section 839.302, Government Code, is amended to

 26-4    read as follows:

 26-5          Sec. 839.302.  SELECTION OF DEATH BENEFIT PLAN BY SURVIVOR OF

 26-6    MEMBER.  If a member eligible to select a death benefit plan under

 26-7    Section 839.301 dies without having made a selection or if a plan

 26-8    selected cannot be made effective, the member's designated

 26-9    beneficiary [surviving spouse] may select a plan in the same manner

26-10    as if the member had made the selection.  If there is no designated

26-11    beneficiary [surviving spouse], the personal representative of the

26-12    decedent's estate may make the selection.

26-13          SECTION 36.  Subsection (b), Section 840.3012, Government

26-14    Code, is amended to read as follows:

26-15          (b)  To be eligible to lend securities under this section, a

26-16    bank or brokerage firm must:

26-17                (1)  be experienced in the operation of a fully secured

26-18    securities loan program;

26-19                (2)  maintain adequate capital in the prudent judgment

26-20    of the retirement system to assure the safety of the securities;

26-21                (3)  execute an indemnification agreement satisfactory

26-22    in form and content to the retirement system fully indemnifying the

26-23    retirement system against loss resulting from borrower default in

26-24    its operation of a securities loan program for the system's

26-25    securities; and

 27-1                (4)  require any securities broker or dealer to whom it

 27-2    lends securities belonging to the retirement system to deliver to

 27-3    and maintain with the custodian collateral in the form of cash or

 27-4    United States government securities in an amount equal to not less

 27-5    than 100 percent of the market value, from time to time, of the

 27-6    loaned securities.

 27-7          SECTION 37.  Section 840.303, Government Code, is amended to

 27-8    read as follows:

 27-9          Sec. 840.303.  DUTY OF CARE.  The assets of the retirement

27-10    system shall be invested and reinvested without distinction as to

27-11    their source in accordance with Section 67, Article XVI, Texas

27-12    Constitution.  Investment decisions are subject to the standard

27-13    provided in the Texas Trust Code by Section 113.056(a), Property

27-14    Code.  [In making investments for the retirement system, the board

27-15    of trustees shall exercise the judgment and care, under the

27-16    circumstances prevailing at the time of the investment, that

27-17    persons of ordinary prudence, discretion, and intelligence exercise

27-18    in the management of their own affairs, not in speculation but when

27-19    making a permanent disposition of their funds, considering the

27-20    probable income from the disposition and the probable safety of

27-21    their capital.]

27-22          SECTION 38.  Section 609.009, Government Code, is amended to

27-23    read as follows:

27-24          Sec. 609.009.  TRUST FOR [OWNERSHIP UNDER] 457 PLAN.  An

27-25    employee's deferred amounts and investment income under a 457 plan

 28-1    and the qualified investment products in which the amounts are

 28-2    invested are held in trust for the exclusive benefit of

 28-3    participants and their beneficiaries in accordance with Section 457

 28-4    of the Internal Revenue Code of 1986 (26 U.S.C. Section 457).  For

 28-5    purposes of this section, custodial accounts and contracts

 28-6    described by Section 457 are treated as trusts.  A trust does not

 28-7    have to be established before January 1, 1999, for a 457 plan in

 28-8    existence on August 20, 1996 [the property of the employing

 28-9    political subdivision or state agency, as appropriate, until the

28-10    deferred amounts and investment income are distributed to the

28-11    employee].

28-12          SECTION 39.  Subsections (a) and (b), Section 609.502,

28-13    Government Code, are amended to read as follows:

28-14          (a)  The board of trustees of the Employees Retirement System

28-15    of Texas is the trustee and the plan administrator of a 401(k) plan

28-16    known as TexaSaver established under this subchapter.

28-17          (b)  The board of trustees is the trustee and the plan

28-18    administrator of a 457 plan established under this subchapter.

28-19          SECTION 40.  Subsection (b), Section 609.509, Government

28-20    Code, is amended to read as follows:

28-21          (b)  In a contract under Subsection (a), the board of

28-22    trustees may provide for the board to audit periodically the person

28-23    with whom the contract is made.  The audit may cover:

28-24                (1)  the proper handling and accounting of state or

28-25    trust funds; and

 29-1                (2)  other matters related to the proper performance of

 29-2    the contract.

 29-3          SECTION 41.  Subsection (b), Section 609.512, Government

 29-4    Code, is amended to read as follows:

 29-5          (b)  The deferred compensation trust fund is in the state

 29-6    treasury.  The fund is for the benefit of the deferred compensation

 29-7    plan described by Section 609.502(b) [609.502(a)].

 29-8          SECTION 42.  Subdivisions (2), (8), and (9), Subsection (a),

 29-9    Section 3, Texas Employees Uniform Group Insurance Benefits Act

29-10    (Article 3.50-2, Vernon's Texas Insurance Code), are amended to

29-11    read as follows:

29-12                (2)  "Annuitant" shall mean an officer or employee who

29-13    has at least three years of service as an eligible employee with a

29-14    department whose employees are authorized to participate in the

29-15    Texas employees uniform group insurance benefits program and who

29-16    retires under:

29-17                      (A)  the jurisdiction of the Employees Retirement

29-18    System of Texas and either receives an annuity or is eligible to

29-19    receive an annuity, pursuant to Subtitle B, D, or E of Title 8,

29-20    Government Code, or Chapter 803, Government Code, that is based on

29-21    at least 10 years of service credit or eligibility under Section

29-22    814.002 or 814.102, Government Code;

29-23                      (B)  the jurisdiction of the Teacher Retirement

29-24    System of Texas and either receives an annuity or is eligible to

29-25    receive an annuity, pursuant to Subtitle C, Title 8, Government

 30-1    Code, or Chapter 803, Government Code, that is based on at least 10

 30-2    years of service credit, whose last state employment prior to

 30-3    retirement, including employment by a public community/junior

 30-4    college, was as an employee of a department whose employees are

 30-5    authorized to participate in the Texas employees uniform group

 30-6    insurance program;

 30-7                      (C)  the optional retirement program established

 30-8    by Chapter 830, Government Code, and either receives an annuity or

 30-9    is eligible to receive an annuity under that program, if the

30-10    [person's last state employment before retirement, including

30-11    employment by a public community/junior college, was as an employee

30-12    of a department whose employees are authorized to participate in

30-13    the Texas employees uniform group insurance program and if the]

30-14    person either:

30-15                            (i)  would have been eligible to retire and

30-16    receive a service retirement annuity from the Teacher Retirement

30-17    System of Texas or the Employees Retirement System of Texas based

30-18    on at least 10 years of service credit had the person not elected

30-19    to participate in the optional retirement program; or

30-20                            (ii)  is disabled as determined by the

30-21    Employees Retirement System of Texas; or

30-22                      (D)  any other federal or state statutory

30-23    retirement program to which an institution of higher education has

30-24    made employer contributions, if the employee has met service

30-25    requirements, age requirements, and other applicable requirements

 31-1    comparable to the requirements for retirement under the Teacher

 31-2    Retirement System of Texas, based on at least 10 years of service

 31-3    credit.

 31-4                (8)  "Dependent" shall mean the spouse of an employee

 31-5    or retired employee and:

 31-6                      (A)  an unmarried child under 25 years of age,

 31-7    including[:  (A)] an adopted child and [(B)] a stepchild, foster

 31-8    child, or other child who is in a regular parent-child

 31-9    relationship;

31-10                      (B)  [and (C)] any such child, regardless of age,

31-11    who lives with or whose care is provided by an employee or

31-12    annuitant on a regular basis if such child is mentally retarded or

31-13    physically incapacitated to such an extent as to be dependent upon

31-14    the employee or retired employee for care or support, as the

31-15    trustee shall determine; and

31-16                      (C)  any such child who is unmarried, regardless

31-17    of age, for purposes of health benefits coverage under this Act, on

31-18    expiration of the child's continuation coverage under the

31-19    Consolidated Omnibus Budget Reconciliation Act of 1985 (Pub. L.

31-20    99-272).

31-21                (9)  "Qualified carrier" shall mean:

31-22                      (A)  any insurance company authorized to do

31-23    business in this state by the Texas Department [State Board] of

31-24    Insurance to provide any of the types of insurance coverages,

31-25    benefits, or services provided for in this Act under any of the

 32-1    insurance laws of the State of Texas, which has a surplus of $1

 32-2    million, a successful operating history, and which has had

 32-3    successful experience in providing and servicing any of the types

 32-4    of group coverage provided for in this Act as determined by the

 32-5    Texas Department [State Board] of Insurance;

 32-6                      (B)  any corporation operating under Chapter 20

 32-7    of the Insurance Code or under the Texas Health Maintenance

 32-8    Organization Act (Chapter 20A, Vernon's Texas Insurance Code) which

 32-9    provides any of the types of coverage, benefits, or services

32-10    provided for in this Act, a successful operating history, and which

32-11    has had successful experience in providing and servicing any of the

32-12    types of group coverage provided for in this Act as determined by

32-13    the Texas Department [State Board] of Insurance; or

32-14                      (C)  any combination or carriers as herein

32-15    defined, upon such terms and conditions as may be prescribed by the

32-16    trustee, providing, however, that for purposes of this Act carriers

32-17    combining for the purpose of bidding and/or underwriting this

32-18    program shall not be considered in violation of Sections 15.01

32-19    through 15.34, Chapter 15, Title 2, Competition and Trade

32-20    Practices, Texas Business & Commerce Code.

32-21          SECTION 43.  (a)  Subsection (e), Section 4B, Texas Employees

32-22    Uniform Group Insurance Benefits Act (Article 3.50-2, Vernon's

32-23    Texas Insurance Code), as added by Chapter 242, Acts of the 72nd

32-24    Legislature, Regular Session, 1991, is amended to read as follows:

32-25          (e)  The trustee may delegate [the duties of the executive

 33-1    director under this section to another employee of the Employees

 33-2    Retirement System of Texas and may delegate] its duties to hear

 33-3    appeals to the executive director.

 33-4          (b)  Subsection (e), Section 4B, Texas Employees Uniform

 33-5    Group Insurance Benefits Act (Article 3.50-2, Vernon's Texas

 33-6    Insurance Code), as added by Chapter 391, Acts of the 72nd

 33-7    Legislature, Regular Session, 1991, is redesignated as Subsection

 33-8    (f) of Section 4B to read as follows:

 33-9          (f) [(e)]  The executive director may delegate the duties of

33-10    the executive director under this section to another person who is

33-11    employed by the Employees Retirement System of Texas.

33-12          SECTION 44.  Subsection (a), Section 4C, Texas Employees

33-13    Uniform Group Insurance Benefits Act (Article 3.50-2, Vernon's

33-14    Texas Insurance Code), is amended to read as follows:

33-15          (a)  The trustee may develop a system for an employee[,

33-16    school district employee,] or annuitant to electronically

33-17    authorize:

33-18                (1)  enrollment in a coverage or benefit program;

33-19                (2)  contributions to a coverage or benefit program;

33-20    and

33-21                (3)  deductions or reductions to the compensation or

33-22    annuity of the employee[, school district employee,] or annuitant

33-23    for participation in a coverage or benefit program.

33-24          SECTION 45.  Subsections (b), (h), (i), and (j), Section 5,

33-25    Texas Employees Uniform Group Insurance Benefits Act (Article

 34-1    3.50-2, Vernon's Texas Insurance Code), are amended to read as

 34-2    follows:

 34-3          (b)  In the event the trustee shall select a [as the] carrier

 34-4    [one] whose bid was not the lowest of all bids submitted, such

 34-5    selection shall be submitted together with justifications and

 34-6    reasons therefor to the commissioner of insurance [State Board of

 34-7    Insurance].  Such deviating selection shall not be deemed final and

 34-8    binding unless and until the commissioner of insurance [a majority

 34-9    of the State Board of Insurance] has certified [its] approval in

34-10    writing to the trustee, or upon the expiration of 30 days after

34-11    receipt thereof by the commissioner [State Board of Insurance] such

34-12    deviating selection shall be deemed approved.

34-13          (h)  In the event the trustee determines that benefits shall

34-14    be provided from the Employees Life, Accident, and Health Insurance

34-15    and Benefits Fund, the trustee may contract with one or more [a]

34-16    qualified and experienced administering firms [firm] on a

34-17    competitive bid basis to administer the plans of coverage [claims

34-18    arising from the coverages] provided in Section 5 of the Act.

34-19          (i)  The trustee shall select one or more [the desired]

34-20    administering firms [firm] to provide services which shall be in

34-21    the best interests of the employees covered by the Act.  The

34-22    trustee is not required to select the lowest bid but shall take

34-23    into consideration such other factors as ability to service large

34-24    group programs, past experience, and other relevant criteria.

34-25    Should the trustee select a firm whose bid was not the lowest or

 35-1    one whose bid differs from that specified, the reasons for such

 35-2    action shall be fully justified and explained in the minutes of the

 35-3    next meeting of the trustee.

 35-4          (j)  The trustee may not contract for or provide a plan of

 35-5    [group] coverage [or with a health maintenance organization or

 35-6    provide coverage directly from the fund] that:

 35-7                (1)  excludes or limits coverage or services for

 35-8    acquired immune deficiency syndrome, as defined by the Centers for

 35-9    Disease Control of the United States Public Health Service, or

35-10    human immunodeficiency virus infection; or

35-11                (2)  provides coverage for serious mental illness that

35-12    is less extensive than the coverage provided for any [other]

35-13    physical illness.

35-14          SECTION 46.  Subsection (a), Section 5A, Texas Employees

35-15    Uniform Group Insurance Benefits Act (Article 3.50-2, Vernon's

35-16    Texas Insurance Code), is amended to read as follows:

35-17          (a)  The trustee may define the basic coverage in which every

35-18    full-time employee and every annuitant participates unless

35-19    participation is specifically waived.  The trustee may define

35-20    different basic coverage plans for active full-time employees and

35-21    for annuitants.  Basic coverage must include basic health coverage.

35-22    Basic health coverage may be offered through any health benefits

35-23    plan.  [Basic coverage shall include, but not be limited to,

35-24    benefits and health care service required by state and federal

35-25    law.]

 36-1          SECTION 47.  Section 9, Texas Employees Uniform Group

 36-2    Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance

 36-3    Code), is amended to read as follows:

 36-4          Sec. 9.  ANNUAL ACCOUNTING; SPECIAL CONTINGENCY RESERVE.

 36-5    (a)  A carrier [Carriers] providing any policy purchased under this

 36-6    Act shall provide an accounting to the trustee not later than 90

 36-7    days after the end of each policy year.  The accounting shall set

 36-8    forth, in a form approved by the trustee:

 36-9                (1)  the amounts of premiums actually accrued under the

36-10    policy from its date of issue to the end of the policy year;

36-11                (2)  the total of all mortality and other claims,

36-12    charges, losses, costs, and expenses incurred for that period; and

36-13                (3)  the amounts of the carrier's [insurers'] allowance

36-14    for a reasonable profit and contingencies for that period.

36-15          (b)  An excess of the total of Subdivision (a)(1) of this

36-16    section over the sum of Subdivisions (a)(2) and (a)(3) of this

36-17    section shall be held by the carrier issuing a participating [the]

36-18    policy as a special contingency reserve to be used by the carrier

36-19    only for charges, claims, costs, and expenses under the policy.

36-20    The reserve shall bear interest at a rate determined in advance of

36-21    each policy year by the carrier and approved by the trustee as

36-22    being consistent with the rates generally used by the carrier for

36-23    similar funds held under other group insurance policies.  When the

36-24    trustee determines that the special contingency reserve has

36-25    attained an amount estimated by it to make satisfactory provision

 37-1    for adverse fluctuations in future charges, claims, costs, or

 37-2    expenses under the policy, any further excess shall be deposited in

 37-3    the State Treasury to the credit of the Employees Life, Accident,

 37-4    and Health Insurance and Benefits Fund.  When a policy is

 37-5    discontinued, any balance remaining in the special contingency

 37-6    reserve after all charges have been made shall be deposited in the

 37-7    State Treasury to the credit of the fund.  The carrier may make the

 37-8    deposit in equal monthly installments over a period of not more

 37-9    than two years.

37-10          SECTION 48.  Subsection (b), Section 10, Texas Employees

37-11    Uniform Group Insurance Benefits Act (Article 3.50-2, Vernon's

37-12    Texas Insurance Code), is amended to read as follows:

37-13          (b)  Policies [Exemption from Taxes on Premiums.  Premiums or

37-14    contributions on policies], insurance contracts, certificates of

37-15    coverage, evidence of coverage, and agreements with health

37-16    maintenance organizations and plan administrators, or any other

37-17    coverages established under this Act, [or other coverages] shall

37-18    not be subject to any state tax, regulatory fee, or surcharge,

37-19    including premium or maintenance taxes or fees.

37-20          SECTION 49.  Section 11, Texas Employees Uniform Group

37-21    Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance

37-22    Code), is amended by adding Subsections (d) and (e) to read as

37-23    follows:

37-24          (d)  In addition to the authority granted under Article

37-25    3.50-6, Insurance Code, the trustee may adopt rules to provide for

 38-1    payment of accelerated life insurance benefits to a terminally ill,

 38-2    terminally injured, or permanently disabled participant in amounts

 38-3    that benefit the participants without increasing the cost of

 38-4    providing the benefits.  The amount of any payment of an

 38-5    accelerated benefit under rules adopted under this subsection must

 38-6    be deducted from the amount that would otherwise be payable as a

 38-7    death benefit.

 38-8          (e)(1)  In addition to retiree basic term life insurance

 38-9    coverage, a participant in the optional group term life insurance

38-10    program may maintain optional term life insurance coverage after

38-11    retirement.  The trustee may adopt rules for the implementation and

38-12    administration of this subsection.

38-13                (2)  A participant may maintain after retirement the

38-14    amount of optional term life insurance coverage on the

38-15    participant's life on the date of retirement, not to exceed two

38-16    times the participant's annual salary on the last September 1

38-17    before retirement and subject to benefit reduction factors based on

38-18    age as determined by the trustee.  The trustee shall determine the

38-19    rate for retiree optional term life insurance coverage.  The rate

38-20    must be comparable to the rate for optional term life insurance

38-21    coverage for an active employee of the same age.  Alternatively, a

38-22    retiree may choose another minimum optional term life insurance

38-23    coverage amount not subject to benefit reduction factors based on

38-24    age, with a coverage amount and premium rate determined by the

38-25    trustee.

 39-1                (3)  A retiree participating in optional term life

 39-2    insurance coverage is not eligible for premium-waived extended

 39-3    insurance benefits or accelerated life insurance benefits if the

 39-4    total disability or terminal condition, respectively, begins after

 39-5    the date of retirement.  Accidental death and dismemberment

 39-6    insurance coverage ceases on the date of retirement, regardless of

 39-7    age.

 39-8                (4)  A participant who retired on or after December 31,

 39-9    1995, but before September 1, 1997, and who elected at the time of

39-10    retirement to continue the maximum optional term life insurance

39-11    amount available to a retiree at the time, may reinstate,

39-12    prospectively, the level of optional group term life insurance in

39-13    force on the participant's life immediately before the

39-14    participant's retirement, not to exceed the maximum coverage set

39-15    for retirees in Subdivision (2) of this subsection.  This

39-16    subdivision expires December 31, 1997.

39-17          SECTION 50.  Section 12, Texas Employees Uniform Group

39-18    Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance

39-19    Code), is amended by adding Subsection (e) to read as follows:

39-20          (e)  The trustee shall give effect to a full or partial

39-21    disclaimer of benefits executed in accordance with Section 37A,

39-22    Texas Probate Code.

39-23          SECTION 51.  Subsections (b) and (c), Section 13, Texas

39-24    Employees Uniform Group Insurance Benefits Act (Article 3.50-2,

39-25    Vernon's Texas Insurance Code), are amended to read as follows:

 40-1          (b)  Unless participation is waived specifically or unless an

 40-2    employee or employee-annuitant is expelled from the program under

 40-3    Section 13A of this Act, every full-time employee except one who is

 40-4    described by Section 3(a)(5)(A)(x) of this Act shall be covered

 40-5    automatically by the basic plan for active full-time employees and

 40-6    every employee-annuitant shall be covered by the basic plan for

 40-7    retired employee-annuitants.  Coverage shall begin on the date he

 40-8    becomes eligible, and each policy of insurance purchased by the

 40-9    trustee shall provide for such automatic coverage.

40-10          (c)  Unless expelled from the program under Section 13A of

40-11    this Act, each part-time employee and each employee of an

40-12    institution of higher education who is described by Section

40-13    3(a)(5)(A)(x) [3(a)(5)(A)(viii)] of this Act is eligible for

40-14    participation in the group programs provided under this Act upon

40-15    execution of appropriate application for coverage [payroll

40-16    deduction authorization for the required payment of premiums].  An

40-17    institution of higher education shall, at the time of employment,

40-18    notify each employee of the institution who is described by Section

40-19    3(a)(5)(A)(x) [3(a)(5)(A)(viii)] of this Act of the employee's

40-20    eligibility to participate in the group programs provided under

40-21    this Act.

40-22          SECTION 52.  Subsection (f), Section 13A, Texas Employees

40-23    Uniform Group Insurance Benefits Act (Article 3.50-2, Vernon's

40-24    Texas Insurance Code), is amended to read as follows:

40-25          (f)  An employee, annuitant, or dependent expelled from the

 41-1    Texas employees uniform group insurance program may not participate

 41-2    in any [a health maintenance organization or be insured under any

 41-3    insurance or benefits] plan of coverage offered by the program for

 41-4    a period determined by the trustee of not more than five years from

 41-5    the date the expulsion from the program takes effect.

 41-6          SECTION 53.  Subsections (b), (c), and (d), Section 15, Texas

 41-7    Employees Uniform Group Insurance Benefits Act (Article 3.50-2,

 41-8    Vernon's Texas Insurance Code), are amended to read as follows:

 41-9          (b)  The state shall contribute to the cost of each

41-10    employee's  individual and dependent group coverages the amounts

41-11    appropriated for the coverages in the General Appropriations Act.

41-12    The governing board of each state department and institution of

41-13    higher education participating in the program established under

41-14    this Act shall pay the trustee a like amount for each employee's

41-15    individual or dependent group coverages for their employees who

41-16    are, and retirees who were,  compensated from funds not

41-17    appropriated in the General Appropriations Act.  The departments

41-18    and institutions shall include the required contributions from

41-19    funds not appropriated in the General Appropriations Act in their

41-20    annual operating budgets.  Each state department and institution of

41-21    higher education participating in the program shall assure current

41-22    participant coverages based on the records of the trustee, make

41-23    timely payments of amounts due the trustee from all fund sources

41-24    under the control of the department or institution, and reconcile

41-25    trustee and agency records of coverages and payments monthly.

 42-1    There [From and after the effective date of this Act, there] is

 42-2    hereby allocated [and appropriated] to the trustee, in accordance

 42-3    with the provisions of this Act, from the several funds from which

 42-4    [state] employees receive their respective salaries, a sum equal to

 42-5    the total of all employer contributions computed in accordance with

 42-6    the provisions of this Act and the rules and regulations of the

 42-7    trustee promulgated pursuant thereto.

 42-8          (c)  All money hereby allocated [and appropriated] by the

 42-9    state, including institutions of higher education, to the trustee

42-10    under this Act shall be paid to the trustee in monthly installments

42-11    based on the annual estimate by the trustee of the contributions to

42-12    be received for all [state] employees during said year;  provided,

42-13    however, that in the event said estimate of the contributions of

42-14    the [state] employees shall vary from the actual amount of the

42-15    employer contributions during the year, such adjustments shall be

42-16    made at the close of each fiscal year as may be required.  Each of

42-17    said monthly installments shall be paid into the appropriate fund

42-18    created by this Act in the amount certified by the trustee.

42-19          (d)  The trustee shall certify to the governing boards of

42-20    those state departments and institutions of higher education

42-21    participating in the program established under this Act who provide

42-22    contributions for their employees' individual and dependent

42-23    coverages [employees] from operating budgets provided from sources

42-24    other than the General Appropriations Act the proportionate amounts

42-25    required [needed] to pay their respective contributions.  Such

 43-1    certifications shall be made at least 30 days prior to the meeting

 43-2    at which the governing board adopts its operating budget.

 43-3          SECTION 54.  Subsections (a) and (b), Section 18, Texas

 43-4    Employees Uniform Group Insurance Benefits Act (Article 3.50-2,

 43-5    Vernon's Texas Insurance Code), are amended to read as follows:

 43-6          (a)  The group benefits advisory committee is composed of 26

 43-7    [27] voting members as provided by this section.  The office of the

 43-8    attorney general, [the office of the state treasurer,] the office

 43-9    of the comptroller, the Railroad Commission of Texas, the General

43-10    Land Office, and the Department of Agriculture are entitled to be

43-11    represented by one member each on the committee, who may be

43-12    appointed by the governing body of the state agency or elected by

43-13    and from the employees of the agency, as determined by rule by the

43-14    governing body of the agency.  One employee shall be elected from

43-15    each of the remaining eight largest state agencies that are

43-16    governed by appointed officers by and from the employees of those

43-17    agencies.  One nonvoting member shall be the executive director of

43-18    the Employees Retirement System of Texas.  One member shall be an

43-19    expert in employee benefit issues from the private sector,

43-20    appointed by the governor.   One member shall be an expert in

43-21    employee benefits issues from the private sector, appointed by the

43-22    lieutenant governor.  One member shall be a retired state employee

43-23    appointed by the trustee.  One member shall be a state employee of

43-24    a state agency other than one of the eight largest state agencies,

43-25    appointed by the trustee.  Not more than one employee from a

 44-1    particular state agency may serve on the committee.  Each of the

 44-2    seven largest institutions of higher education, as determined by

 44-3    the number of employees on the payroll of an institution, shall

 44-4    elect one member of the committee from among persons who have each

 44-5    been nominated by a petition signed by at least 300 employees.  Two

 44-6    members shall be employees of institutions of higher education,

 44-7    other than the seven largest institutions of higher education, who

 44-8    are appointed by the Texas Higher Education Coordinating Board, but

 44-9    not more than one employee shall be from any one institution.  The

44-10    members shall elect a presiding officer from their membership to

44-11    serve a one-year term.

44-12          (b)  All members of the committee shall be appointed or

44-13    elected for three-year terms.  During a term of appointment or

44-14    election, state employee vacancies shall be filled by an employee

44-15    of the same agency from which the vacancy occurred[, being]

44-16    appointed by the governing body of the agency or institution

44-17    [trustees] for the balance of the vacated term.  A vacancy in a

44-18    position held by a member of the private sector shall be filled by

44-19    the officer who originally made the appointment to that position.

44-20          SECTION 55.  Section 19, Texas Employees Uniform Group

44-21    Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance

44-22    Code), is amended by amending Subsection (a) and adding Subsection

44-23    (d) to read as follows:

44-24          (a)  Any employee or annuitant shall be entitled to secure

44-25    for his dependents any uniform group coverages provided for

 45-1    employees under this Act, as shall be determined by the trustee,

 45-2    except that a foster child is eligible for health insurance

 45-3    coverage only if the child is not covered by another governmental

 45-4    health program.  If an employee or annuitant resides outside of a

 45-5    health maintenance organization service area, the uniform group

 45-6    coverages must be made available to a dependent without evidence of

 45-7    insurability if the employee or annuitant applies for the coverage

 45-8    for the dependent during the annual enrollment period.  Payments

 45-9    required of the employee in excess of employer contributions shall

45-10    be deducted from the monthly pay of the employee or from his

45-11    retirement benefits, or the employee's salary shall be reduced in

45-12    the appropriate amount, in such manner and form as the trustee

45-13    shall determine.

45-14          (d)  A dependent child who is unmarried and whose coverage

45-15    under this Act ceases when the child reaches the age of 25 may, on

45-16    expiration of continuation coverage under the Consolidated Omnibus

45-17    Budget Reconciliation Act of 1985 (Pub. L. 99-272), reinstate

45-18    health benefits coverage under this Act if the child, or the

45-19    child's participating parent, pays the full cost of the health

45-20    benefits coverage.  A state contribution is not payable for

45-21    coverage described by this subsection.  Coverage under this

45-22    subsection ceases at the end of the month in which the child

45-23    marries.

45-24          SECTION 56.  (a)  Sections 803.403, 813.105, 833.106,

45-25    838.103(i), and 838.106, Government Code, are repealed.

 46-1          (b)  Subsection (e), Section 5, Texas Employees Uniform Group

 46-2    Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance

 46-3    Code), is repealed.

 46-4          SECTION 57.  (a)  The change in law made by this Act in

 46-5    Sections 811.001(9) and 814.104(b), Government Code, is intended to

 46-6    reflect the current law providing for the commissioning and

 46-7    administration of the Capitol area security force by the Department

 46-8    of Public Safety.  Service credit previously accrued by a member of

 46-9    the Capitol area security force as a commissioned law enforcement

46-10    officer of the General Services Commission, or a predecessor

46-11    agency, remains credited as service by a law enforcement officer

46-12    unless canceled as otherwise provided by Subtitle B, Title 8,

46-13    Government Code.

46-14          (b)  An employee of the Texas Education Agency whose

46-15    membership was transferred from the Teacher Retirement System of

46-16    Texas to the Employees Retirement System of Texas under Section 43,

46-17    Chapter 812, Acts of the 73rd Legislature, 1993, who was a retiree

46-18    of the Employees Retirement System of Texas at the time of the

46-19    transfer and who continued to make contributions to the Teacher

46-20    Retirement System of Texas after the transfer may remain as a

46-21    member of the Teacher Retirement System of Texas exempt from the

46-22    transfer that occurred in 1993.

46-23          SECTION 58.  This Act takes effect September 1, 1997.

46-24          SECTION 59.  The importance of this legislation and the

46-25    crowded condition of the calendars in both houses create an

 47-1    emergency and an imperative public necessity that the

 47-2    constitutional rule requiring bills to be read on three several

 47-3    days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 1102 passed the Senate on

         April 18, 1997, by a viva-voce vote; and that the Senate concurred

         in House amendments on May 28, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 1102 passed the House, with

         amendments, on May 25, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor