75R14617 GCH-D                          

         By Armbrister                                         S.B. No. 1102

         Substitute the following for S.B. No. 1102:

         By Telford                                        C.S.S.B. No. 1102

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to systems and programs administered by the Employees

 1-3     Retirement System of Texas.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 805.002(g), Government Code, is amended

 1-6     to read as follows:

 1-7           (g)  To be eligible to make a transfer pursuant to Subsection

 1-8     (d), a person must be the same beneficiary under both retirement

 1-9     systems, except that if the only service credited in the system

1-10     from which service is being transferred is reinstated service and

1-11     no beneficiary designation was made at or after the time of

1-12     reinstatement, the beneficiary in the receiving system may make the

1-13     election.

1-14           SECTION 2.  Sections 811.001(8) and (9), Government Code, are

1-15     amended to read as follows:

1-16                 (8)  "Custodial officer" means a member of the

1-17     retirement system who is employed by the institutional division or

1-18     the state jail division of the Texas Department of Criminal Justice

1-19     and certified by the department as having a normal job assignment

1-20     that requires frequent or infrequent regularly planned contact

1-21     with, and in close proximity to, inmates of the institutional

1-22     division or inmates or defendants confined in the state jail

1-23     division without the protection of bars, doors, security screens,

1-24     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, Regular Session, 1993, elects at the time of

2-11     transfer to retain membership in the retirement system, and is

2-12     certified by the managed health care unit or the health sciences

2-13     center as having a normal job assignment described by this

2-14     subdivision.

2-15                 (9)  "Law enforcement officer" means a member of the

2-16     retirement system who has been commissioned as a law enforcement

2-17     officer by the Department of Public Safety, the Texas Alcoholic

2-18     Beverage Commission, [the State Purchasing and General Services

2-19     Commission, Capitol Area Security Force,] the State Board of

2-20     Pharmacy, or the Parks and Wildlife Department and who is

2-21     recognized as a commissioned law enforcement officer by the

2-22     Commission on Law Enforcement Officer Standards and Education.

2-23           SECTION 3.  Section 813.104, Government Code, is amended to

2-24     read as follows:

2-25           Sec. 813.104.  ALTERNATIVE PAYMENTS TO ESTABLISH OR

2-26     REESTABLISH SERVICE CREDIT.  (a)  The board of trustees may adopt

2-27     rules to provide procedures for making installment payments to

 3-1     establish or reestablish credit in the retirement system as

 3-2     alternatives to lump-sum payments otherwise authorized or required

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

 3-4     deduction.  [A member who is otherwise eligible may establish or

 3-5     reestablish service creditable in the retirement system by making

 3-6     payments as provided by this section in lieu of lump-sum payments

 3-7     otherwise authorized or required by this subtitle.]

 3-8           (b)  [A payment authorized by this section consists of the

 3-9     contribution required to establish or reestablish at least one year

3-10     of service credit, including any required interest and membership

3-11     fees, except that a person's last in a series of payments under

3-12     this section may be for a period of remaining service that is less

3-13     than one year.]

3-14           [(c)  The retirement system shall grant the applicable amount

3-15     of service credit after each payment is made under this section.]

3-16           [(d)]  Except as provided by Subsection (c) [Subsection (e)],

3-17     payments may not be made under a rule adopted under this section:

3-18                 (1)  to establish or reestablish service credit of a

3-19     person who has retired or died; or

3-20                 (2)  to establish current service under Section

3-21     813.201.

3-22           (c)  Under a rule adopted under this section, the [(e)  The]

3-23     designated beneficiary of a deceased member or, if none exists, the

3-24     personal representative of the decedent's estate may establish or

3-25     reestablish service for which the member was eligible at the time

3-26     of death if the establishment of the service would result in the

3-27     payment of a death benefit annuity or an increase in the amount of

 4-1     a death benefit annuity.

 4-2           (d) [(f)]  The payment for the establishment or

 4-3     reestablishment of service under Subsection (c) [Subsection (e)]

 4-4     must be made in a lump sum and completed before the first payment

 4-5     of a death benefit annuity, but not later than the 60th day after

 4-6     the date the retirement system receives notice of the death.

 4-7           [(g)  The retirement system may adopt rules to administer

 4-8     this section.]

 4-9           SECTION 4.  Section 813.106, Government Code, is amended to

4-10     read as follows:

4-11           Sec. 813.106.  SERVICE NOT PREVIOUSLY ESTABLISHED.  The state

4-12     shall make contributions for service not previously established

4-13     that is established under Section 813.104 [or 813.105] in the

4-14     amount provided by Section 813.202(c) [813.202(e)] for membership

4-15     service or the amount provided by Section 813.302(d) for military

4-16     service, as applicable.  The state contributions will be made at

4-17     the time the service credit is granted.

4-18           SECTION 5.  Section 813.202, Government Code, is amended to

4-19     read as follows:

4-20           Sec. 813.202.  MEMBERSHIP SERVICE NOT PREVIOUSLY ESTABLISHED.

4-21     (a)  Except as provided by Section 813.402 [and Subsection (b)],

4-22     any member may establish service credit in the retirement system

4-23     for membership service not previously established.

4-24           (b)  A [Membership service not previously credited because of

4-25     a waiting period required before September 1, 1958, may be

4-26     established only by a contributing member.]

4-27           [(c)  Except as provided by Subsection (d), a] member may

 5-1     establish credit under this section by depositing with the

 5-2     retirement system in a lump sum a contribution computed as provided

 5-3     by Section 813.404 or 813.505, plus all membership fees due, plus

 5-4     interest computed on the basis of the state fiscal year at an

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

 5-6     to the date of deposit.

 5-7           [(d)  A member claiming credit for service not previously

 5-8     creditable because of a waiting period required before September 1,

 5-9     1958, is exempt from the payment of interest on the required

5-10     contribution if the member establishes the credit before the first

5-11     anniversary of the person's becoming a member of the retirement

5-12     system.]

5-13           (c) [(e)]  The state shall contribute for service established

5-14     under this section an amount in the same ratio to the member's

5-15     contribution for the service as the state's contribution bears to

5-16     the contribution for current service required of a member of the

5-17     employee class at the time the service is established under this

5-18     section.  The state's contribution must be paid from the fund or

5-19     account from which the member receives compensation at the time the

5-20     service is established or, if the member does not hold a position

5-21     at the time the service is established, from the fund or account

5-22     from which the member received compensation when the member most

5-23     recently held a position.

5-24           SECTION 6.  Section 813.301(b), Government Code, is amended

5-25     to read as follows:

5-26           (b)  A member may [not] establish one month of service credit

5-27     for each month or fraction of a month of duty, but not more than 60

 6-1     months of  service credit in the retirement system for military

 6-2     service.

 6-3           SECTION 7.  Section 813.402, Government Code, is amended to

 6-4     read as follows:

 6-5           Sec. 813.402.  CREDIT FOR YEAR IN WHICH ELIGIBLE FOR OFFICE.

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

 6-7     elected class for any calendar year during any part of which:

 6-8                 (1)  the member held an office included in that class;

 6-9     or

6-10                 (2)  the member was eligible to take the oath for an

6-11     office included in that class.

6-12           (b)  A [contributing] member may establish credit under this

6-13     section by depositing with the retirement system in a lump sum a

6-14     contribution computed as provided by Section 813.404, plus all

6-15     membership fees due, plus interest computed at an annual rate of 10

6-16     percent from the fiscal year in which the service was performed to

6-17     the date of deposit.

6-18           SECTION 8.  Section 813.504, Government Code, is amended to

6-19     read as follows:

6-20           Sec. 813.504.  ELIGIBILITY FOR SERVICE CREDIT PREVIOUSLY

6-21     CANCELED.  (a)  A member of the employee class may reestablish

6-22     service credit previously canceled in the retirement system if at

6-23     least six months have elapsed since the end of the month in which

6-24     the cancellation became effective [the member, after  cancellation

6-25     of the credit, holds a position for six months that is included in

6-26     the employee class].

6-27           (b)  A former member of the employee class who does not

 7-1     receive a disability retirement annuity from the retirement system

 7-2     but who presents evidence satisfactory to the retirement system

 7-3     that the person is disabled and cannot resume state employment may

 7-4     reestablish service credit previously canceled in the retirement

 7-5     system for the purpose of retiring with a service retirement

 7-6     annuity.

 7-7           SECTION 9.  Sections 813.506(a) and (c), Government Code, are

 7-8     amended to read as follows:

 7-9           (a)  The Texas Department of Criminal Justice, the managed

7-10     health care unit of The University of Texas Medical Branch, and the

7-11     Texas Tech Health Sciences Center by rule shall adopt standards for

7-12     determining eligibility for service credit as a custodial officer,

7-13     based on the need to encourage early retirement of persons whose

7-14     duties are hazardous and require them to have routine contact with

7-15     inmates of or defendants confined in the state jail division of the

7-16     Texas Department of Criminal Justice on a regular basis.

7-17           (c)  The Texas Department of Criminal Justice, the managed

7-18     health care unit of The University of Texas Medical Branch, or the

7-19     Texas Tech Health Sciences Center, as applicable, shall determine a

7-20     person's eligibility to receive credit as a custodial officer.  A

7-21     determination of the department or unit may not be appealed by an

7-22     employee but is subject to change by the retirement system.

7-23           SECTION 10.  Section 813.509(a), Government Code, is amended

7-24     to read as follows:

7-25           (a)  A member who holds a position included in the employee

7-26     class of membership during the month that includes the effective

7-27     date of the member's retirement and who retires based on service or

 8-1     a disability is entitled to service credit in the retirement system

 8-2     for the member's sick leave that has accumulated and is unused on

 8-3     the last day of employment.  Sick leave is creditable in the

 8-4     retirement system at the rate of one month of service credit for

 8-5     each 20 days, or 160 hours, of accumulated sick leave and one month

 8-6     for each fraction of days or hours remaining after division of the

 8-7     total hours of accumulated sick leave by 160.  [An increment of

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

 8-9           SECTION 11.  Section 814.005(a), Government Code, is amended

8-10     to read as follows:

8-11           (a)  A person may, on a form prescribed by and filed with the

8-12     retirement system, waive all or a portion of any benefits from the

8-13     retirement system to which the person is entitled. The retirement

8-14     system also shall give effect as a waiver to a full or partial

8-15     disclaimer executed in accordance with Section 37A, Texas Probate

8-16     Code, unless the benefit to be disclaimed is a lifetime annuity.  A

8-17     person may  revoke a waiver of benefits in the same manner as the

8-18     original waiver was made, unless the original waiver by its terms

8-19     was made irrevocable.

8-20           SECTION 12.  Section 814.104, Government Code, is amended to

8-21     read as follows:

8-22           Sec. 814.104.  ELIGIBILITY OF MEMBER FOR SERVICE RETIREMENT.

8-23     (a)  Except as provided by Section 814.102 or by rule adopted under

8-24     Section 813.304(d) or 803.202(2), a member who has service credit

8-25     in the retirement system is eligible to retire and receive a

8-26     service retirement annuity[, if the member]:

8-27                 (1)  if the member is at least 60 years old and has 5

 9-1     years of service credit in the employee class; or

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

 9-3     service credit in the employee class, including months of age and

 9-4     credit, equals the number 80 [is at least 55 years old and has 25

 9-5     years of service credit in the retirement system; or]

 9-6                 [(3)  is at least 50 years old and has 30 years of

 9-7     service credit in the retirement system].

 9-8           (b)  A member who is at least 55 years old and who has at

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

9-10     engaged in criminal law enforcement activities of the Department of

9-11     Public Safety, the Texas Alcoholic Beverage Commission, [the State

9-12     Purchasing and General Services Commission Capitol Area Security

9-13     Force,] the State Board of Pharmacy, or the Parks and Wildlife

9-14     Department, as an employee of the Railroad Commission of Texas who

9-15     is licensed by the Commission on Law Enforcement Officer Standards

9-16     and Education and has served at least five years as an investigator

9-17     for the oil field theft detection division, or as a custodial

9-18     officer, is eligible to retire and receive a service retirement

9-19     annuity.

9-20           SECTION 13.  Subchapter B, Chapter 814, Government Code, is

9-21     amended by adding Section 814.1041 to read as follows:

9-22           Sec. 814.1041.  TEMPORARY SERVICE RETIREMENT OPTION FOR

9-23     MEMBERS AFFECTED BY PRIVATIZATION OR OTHER REDUCTION IN WORKFORCE.

9-24     (a)  This section applies only to members of the employee class

9-25     whose positions with the Texas Workforce Commission, the Texas

9-26     Department of Human Services, or the Texas Department of Mental

9-27     Health and Mental Retardation are eliminated as a result of

 10-1    contracts with private service providers or other reductions in

 10-2    services provided by those agencies and who separate from state

 10-3    service at that time.

 10-4          (b)  A member described by Subsection (a)  is eligible to

 10-5    retire and receive a service retirement annuity if the member's age

 10-6    and service credit, each increased by three years, would meet age

 10-7    and service requirements for service retirement under Section

 10-8    814.104(a) at the time the member separates from state service as

 10-9    described by Subsection (a).  The annuity of a person who retires

10-10    under this subsection is computed on the person's accrued service

10-11    credit increased by three years.

10-12          (c)  A member described by Subsection (a)  becomes eligible

10-13    to retire and receive a service retirement annuity on the date on

10-14    which the member would have met the age and service requirements

10-15    for service retirement under Section 814.104(a) had the member

10-16    remained employed by the state if, on the date of separation from

10-17    state service, the member's age and service credit, each increased

10-18    by five years, would meet age and service requirements for service

10-19    retirement under Section 814.104(a).  The annuity of a person who

10-20    retires under this subsection is computed on the person's accrued

10-21    service credit.

10-22          (d)  If a member described by Subsection (c) is reemployed by

10-23    the state before retirement, the time between the member's

10-24    separation from state service and reemployment may be used only to

10-25    compute eligibility for service retirement and may not be used to

10-26    compute the amount of any service retirement annuity.

10-27          (e)  A member who applies to retire under this section and

 11-1    the state agency from which the member separated from service shall

 11-2    provide documentation required by the retirement system to

 11-3    establish eligibility to retire under this section.

 11-4          (f)  This section applies only to positions eliminated by

 11-5    privatization or other reductions in workforce before September 1,

 11-6    1999.

 11-7          SECTION 14.  Section 814.105(a), Government Code, is amended

 11-8    to read as follows:

 11-9          (a)  Except as otherwise provided by this section, the

11-10    standard service retirement annuity for service credited in the

11-11    employee class of membership is an amount computed as the member's

11-12    average monthly compensation for service in that class for the 36

11-13    highest months of compensation multiplied by 2.25 [2] percent for

11-14    each year of service credit in that class.

11-15          SECTION 15.  Section 814.1081(a), Government Code, is amended

11-16    to read as follows:

11-17          (a)  A person who retired and selected an optional service

11-18    retirement annuity approved by the board of trustees or an optional

11-19    service retirement annuity described by Section 814.108(c)(1) or

11-20    (c)(2)[, and who designated a person as beneficiary who was not at

11-21    the time of designation and is not currently the retiree's spouse

11-22    or child] may change the optional annuity selection to the

11-23    selection of a standard service retirement annuity by filing with

11-24    the retirement system a request to change the annuity selection, if

11-25    the retiree designated a person as beneficiary who:

11-26                (1)  was not at the time of designation and is not

11-27    currently the retiree's spouse or child; or

 12-1                (2)  has executed since the designation a transfer and

 12-2    release, approved by a court of competent jurisdiction pursuant to

 12-3    a divorce decree, of the beneficiary's interest in the annuity and

 12-4    is not currently the retiree's spouse or child.

 12-5          SECTION 16.  Section 815.003(d), Government Code, is amended

 12-6    to read as follows:

 12-7          (d)  The board shall hold elections for the members and

 12-8    retirees to nominate and elect a trustee before August 31 [1] of

 12-9    each odd-numbered year.  The board shall make ballots available to

12-10    members of the retirement system and retirees and all votes must be

12-11    cast on those ballots.

12-12          SECTION 17.  Subchapter B, Chapter 815, Government Code, is

12-13    amended by adding Section 815.106 to read as follows:

12-14          Sec. 815.106.  INFORMATION TO LEGISLATURE.  (a)  The

12-15    retirement system may not use any money under its control to

12-16    influence the outcome of an election or to support the passage or

12-17    defeat of legislation.

12-18          (b)  This section does not prohibit the board of trustees, as

12-19    fiduciaries of the trust fund and as trustees of other programs

12-20    administered by the board, or the officers or employees of the

12-21    retirement system, as designees of the board, from making

12-22    recommendations to the legislature concerning the actuarial

12-23    soundness of a retirement system administered by the board, the

12-24    fiscal or legal implications of proposed legislation, or statutory

12-25    changes designed to more efficiently administer and effectuate the

12-26    purposes of a retirement system or other program administered by

12-27    the board.  In addition, the board or an officer or employee of the

 13-1    retirement system may provide to a member of the legislature or a

 13-2    legislative committee, at the request of the member or committee,

 13-3    any factual information that is not made confidential by law.

 13-4          SECTION 18.  Section 815.303(b), Government Code, is amended

 13-5    to read as follows:

 13-6          (b)  To be eligible to lend securities under this section, a

 13-7    bank or brokerage firm must:

 13-8                (1)  be experienced in the operation of a fully secured

 13-9    securities loan program;

13-10                (2)  maintain adequate capital in the prudent judgment

13-11    of the retirement system to assure the safety of the securities;

13-12                (3)  execute an indemnification agreement satisfactory

13-13    in form and content to the retirement system fully indemnifying the

13-14    retirement system against loss resulting from borrower default in

13-15    its operation of a securities loan program for the system's

13-16    securities;  and

13-17                (4)  require any securities broker or dealer to whom it

13-18    lends securities belonging to the retirement system to deliver to

13-19    and maintain with the custodian collateral in the form of cash or

13-20    United States government securities in an amount equal to not less

13-21    than 100 percent of the market value, from time to time, of the

13-22    loaned securities.

13-23          SECTION 19.  Section 815.307, Government Code, is amended to

13-24    read as follows:

13-25          Sec. 815.307.  DUTY OF CARE.  The assets of the retirement

13-26    system shall be invested and reinvested without distinction as to

13-27    their source in accordance with Section 67, Article XVI, Texas

 14-1    Constitution.  Investment decisions are subject to the standard

 14-2    provided in the Texas Trust Code by Section 113.056(a), Property

 14-3    Code.  [In making investments for the retirement system, the board

 14-4    of trustees or the executive director shall exercise the judgment

 14-5    and care, under the circumstances prevailing at the time of the

 14-6    investment, that persons of ordinary prudence, discretion, and

 14-7    intelligence exercise in the management of their own affairs, not

 14-8    in speculation but when making a permanent disposition of their

 14-9    funds, considering the probable income from the disposition and the

14-10    probable safety of their capital.]

14-11          SECTION 20.  Section 815.403(a), Government Code, is amended

14-12    to read as follows:

14-13          (a)  During each fiscal year, the state shall contribute to

14-14    the retirement system:

14-15                (1)  an amount equal to 7.4 percent of the total

14-16    compensation of all members of the retirement system for that year;

14-17                (2)  money to pay lump-sum death benefits for retirees

14-18    under Section 814.501;

14-19                (3)  an amount for the law enforcement and custodial

14-20    officer supplemental retirement fund equal to 2.13 percent of the

14-21    aggregate state compensation of all custodial and law enforcement

14-22    officers for that year;

14-23                (4)  money necessary for the administration of the law

14-24    enforcement and custodial officer supplemental retirement fund;

14-25    and

14-26                (5)  money for service credit not previously

14-27    established, as provided by Section 813.202(c) [813.202(e)] or

 15-1    813.302(d).

 15-2          SECTION 21.  Subchapter F, Chapter 815, Government Code, is

 15-3    amended by adding Section 815.5072 to read as follows:

 15-4          Sec. 815.5072.  EXCESS BENEFIT ARRANGEMENT.  (a)  A separate,

 15-5    nonqualified, unfunded excess benefit arrangement is created

 15-6    outside the trust fund of the retirement system.  This excess

 15-7    benefit arrangement shall be administered as a governmental excess

 15-8    benefit arrangement under Section 415(m) of the Internal Revenue

 15-9    Code of 1986 (26 U.S.C. Section 415(m)).  The purpose of the excess

15-10    benefit arrangement is to pay to annuitants of the retirement

15-11    system benefits otherwise payable by the retirement system that

15-12    exceed the limitations on benefits imposed by Section 415(b)(1)(A)

15-13    of the Internal Revenue Code of 1986 (26 U.S.C. Section

15-14    415(b)(1)(A)).

15-15          (b)  The board of trustees is responsible for the

15-16    administration of this arrangement.  Except as otherwise provided

15-17    by this section, the board has the same rights, duties, and

15-18    responsibilities concerning the excess benefit arrangement as it

15-19    has to the trust fund.

15-20          (c)  Benefits under this section are exempt from execution to

15-21    the same extent as provided by Section 811.005, except that the

15-22    benefits are completely unassignable.  Contributions to this

15-23    arrangement are not held in trust and may not be commingled with

15-24    other funds of the retirement system.

15-25          (d)  An annuitant is entitled to a monthly benefit under this

15-26    section in an amount equal to the amount by which the benefit

15-27    otherwise payable by the retirement system has been reduced by the

 16-1    limitation on benefits imposed by Section 415(b)(1)(A) of the

 16-2    Internal Revenue Code of 1986 (26 U.S.C. Section 415(b)(1)(A)).

 16-3    The benefit payable by this arrangement is payable at the times and

 16-4    in the form that the  benefit payable under the trust fund is paid.

 16-5          (e)  The benefit payable under this section shall be paid

 16-6    from state contributions that otherwise would be made to the trust

 16-7    fund under Section 815.403.  In lieu of deposit in the state

 16-8    accumulation account, an amount determined by the retirement system

 16-9    to be necessary to pay benefits under this section shall be paid

16-10    monthly to the credit of a dedicated account in the general revenue

16-11    fund maintained only for the excess benefit arrangement.  The

16-12    account may include amounts needed to pay reasonable and necessary

16-13    expenses of administering this arrangement.  The monthly amount to

16-14    be paid to the credit of the account shall be transferred to the

16-15    account at least 15 days before the date of a monthly disbursement

16-16    under this section.

16-17          (f)  The board of trustees may adopt rules governing the

16-18    excess benefit arrangement that are necessary for the efficient

16-19    administration of the arrangement in compliance with Section 415(m)

16-20    of the Internal Revenue Code of 1986 (26 U.S.C. Section 415(m)).

16-21          SECTION 22.  Section 815.510(a), Government Code, is amended

16-22    to read as follows:

16-23          (a)  The Employees Retirement System of Texas shall submit a

16-24    report not later than the 25th day of the month following the end

16-25    of each fiscal year to the governor, the lieutenant governor, the

16-26    speaker of the house of representatives, the executive director of

16-27    the State Pension Review Board, the appropriate oversight

 17-1    committees of the house and senate, and the Legislative Budget

 17-2    Board.  The report shall include the following:

 17-3                (1)  the current end-of-fiscal-year market value of the

 17-4    trust fund;

 17-5                (2)  [the current book value of the trust fund;]

 17-6                [(3)]  the asset allocations of the trust fund

 17-7    expressed in percentages of stocks, fixed income, cash, or other

 17-8    financial investments; and

 17-9                (3) [(4)]  the investment performance of the trust fund

17-10    utilizing accepted industry measurement standards.

17-11          SECTION 23.  Subchapter F, Chapter 815, Government Code, is

17-12    amended by adding Section 815.512 to read as follows:

17-13          Sec. 815.512.  PROTECTION FROM DOUBLE OR MULTIPLE LIABILITY.

17-14    The executive director may cause a suit concerning a claim to be

17-15    filed on behalf of the retirement system in a district court in

17-16    Travis County to protect the system from double or multiple

17-17    liability, if the executive director determines that a claim may

17-18    expose the retirement system to such liability.

17-19          SECTION 24.  (a)  Annuities that are described by Section

17-20    814.107, 814.207, 814.305, or 814.601(a), Government Code, and are

17-21    based on service retirements, disability retirements, or deaths

17-22    that occurred or occur after August 31, 1996, but before September

17-23    1, 1997, are increased by 12.5 percent.

17-24          (b)  The increase in annuities under Subsection (a) of this

17-25    section is payable beginning with the first monthly payments of the

17-26    annuities that become due after the effective date of this Act.

17-27          (c)  Except as provided by Subsection (d) of this section,

 18-1    the board of trustees of the retirement system shall pay the

 18-2    increased annuities provided by this section from the retirement

 18-3    annuity reserve account of the retirement system and may transfer

 18-4    to that account from the state accumulation account of the

 18-5    retirement system any portion of the amount that exceeds the amount

 18-6    in the retirement annuity reserve account available to finance the

 18-7    increases in benefits, and that is actuarially determined to be

 18-8    necessary to finance the increases, for the duration of the

 18-9    annuities to which the increases apply.

18-10          (d)  The increase in benefits payable to a law enforcement or

18-11    custodial officer who retired before the age of 50 or for service

18-12    established under Section 813.509, Government Code, is payable from

18-13    the law enforcement and custodial officer supplemental retirement

18-14    fund.

18-15          (e)  The increase provided by Subsection (a) of this section

18-16    shall be computed on the service percentage value described by

18-17    Section 814.105(a), Government Code.

18-18          SECTION 25.  The board of trustees of the Employees

18-19    Retirement System of Texas shall authorize a supplemental payment

18-20    under Section 814.603(d), Government Code, to be made in the fiscal

18-21    year beginning September 1, 1997, if the conditions required by

18-22    that subsection are met.

18-23          SECTION 26.  Section 833.103(d), Government Code, is amended

18-24    to read as follows:

18-25          (d)  A member may [not] establish one month of service credit

18-26    for each month or fraction of a month of duty, but not more than 48

18-27    months of service credit in the retirement system for military

 19-1    service.

 19-2          SECTION 27.  Section 833.105, Government Code, is amended to

 19-3    read as follows:

 19-4          Sec. 833.105.  ALTERNATIVE PAYMENTS TO ESTABLISH OR

 19-5    REESTABLISH SERVICE CREDIT.  (a)  The board of trustees may adopt

 19-6    rules to provide procedures for making installment payments to

 19-7    establish or reestablish credit in the retirement system as

 19-8    alternatives to lump-sum payments otherwise authorized or required

 19-9    by this subtitle.  The methods may include payment by payroll

19-10    deduction.  [A member who is otherwise eligible may establish or

19-11    reestablish service creditable in the retirement system by making

19-12    payments as provided by this section in lieu of lump-sum payments

19-13    otherwise authorized or required by this subtitle.]

19-14          (b)  Except as provided by Subsection (c), payments [A

19-15    payment authorized by this section consists of the contribution

19-16    required to establish or reestablish at least one year of service

19-17    credit, including any required interest and membership fees, except

19-18    that a person's last in a series of payments under this section may

19-19    be for a period of remaining service that is less than one year.]

19-20          [(c)  The retirement system shall grant the applicable amount

19-21    of service credit after each payment is made under this section.]

19-22          [(d)  Payments] may not be made under a rule adopted under

19-23    this section:

19-24                (1)  to establish or reestablish service credit of a

19-25    person who has retired or died;  or

19-26                (2)  to establish current service under Section

19-27    833.101.

 20-1          (c)  Under a rule adopted under this section, the designated

 20-2    beneficiary of a deceased member or, if none exists, the personal

 20-3    representative of the decedent's estate may establish or

 20-4    reestablish service for which the member was eligible at the time

 20-5    of death if the establishment or reestablishment of the service

 20-6    would result in the payment of a death benefit annuity.

 20-7          (d)  The payment for the establishment or reestablishment of

 20-8    service under Subsection (c) must be made in a lump sum and

 20-9    completed before the first payment of a death benefit annuity, but

20-10    not later than the 60th day after the date the retirement system

20-11    receives notice of the death.

20-12          [(e)  The retirement system may adopt rules to administer

20-13    this section.]

20-14          SECTION 28.  Subchapter A, Chapter 834, Government Code, is

20-15    amended by adding Section 834.005 to read as follows:

20-16          Sec. 834.005.  DISCLAIMER OF BENEFITS.  The retirement system

20-17    shall give effect to a full or partial disclaimer of benefits

20-18    executed in accordance with Section 37A, Texas Probate Code, unless

20-19    the benefit to be disclaimed is a lifetime annuity.

20-20          SECTION 29.  Section 834.101(a), Government Code, is amended

20-21    to read as follows:

20-22          (a)  A member is eligible to retire and receive a base

20-23    service retirement annuity if the member:

20-24                (1)  is at least 65 years old, currently holds a

20-25    judicial office, and has at least 10 years of service credited in

20-26    the retirement system[, the most recently performed of which was

20-27    for a continuous period of at least one year];

 21-1                (2)  is at least 65 years old and has at least 12 years

 21-2    of service[, continuous or otherwise,] credited in the retirement

 21-3    system, regardless of whether the member currently holds a judicial

 21-4    office; or

 21-5                (3)  has at least 20 years of service credited in the

 21-6    retirement system, [the most recently performed of which was for a

 21-7    continuous period of at least 10 years,] regardless of whether the

 21-8    member currently holds a judicial office.

 21-9          SECTION 30.  Section 834.302, Government Code, is amended to

21-10    read as follows:

21-11          Sec. 834.302.  SELECTION OF DEATH BENEFIT PLAN BY SURVIVOR OF

21-12    MEMBER.  (a)  If a member eligible to select a death benefit plan

21-13    under Section 834.301(a) dies without having made a selection, or

21-14    if a selection cannot be made effective, the member's designated

21-15    beneficiary [surviving spouse] may select a plan in the same manner

21-16    as if the member had made the selection.  If there is no designated

21-17    beneficiary [surviving spouse], the personal representative of the

21-18    decedent's estate may make the selection.

21-19          (b)  If a person dies who meets the description in Section

21-20    814.302(b), the person's designated beneficiary  [surviving spouse]

21-21    or the guardian of surviving minor children may select a death

21-22    benefit plan under that subsection.

21-23          SECTION 31.  Section 838.103(d), Government Code, is amended

21-24    to read as follows:

21-25          (d)  A member may [not] establish one month of service credit

21-26    for each month or fraction of a month of duty, but not more than 48

21-27    months of  service credit in the retirement system for military

 22-1    service.

 22-2          SECTION 32.  Section 838.105, Government Code, is amended to

 22-3    read as follows:

 22-4          Sec. 838.105.  ALTERNATIVE PAYMENTS TO ESTABLISH OR

 22-5    REESTABLISH SERVICE CREDIT.  (a)  The board of trustees may adopt

 22-6    rules to provide procedures for making installment payments to

 22-7    establish or reestablish credit in the retirement system as

 22-8    alternatives to lump-sum payments otherwise authorized or required

 22-9    by this subtitle.  The methods may include payment by payroll

22-10    deduction.  [A member who is otherwise eligible may establish or

22-11    reestablish service creditable in the retirement system by making

22-12    payments as provided by this section in lieu of lump-sum payments

22-13    otherwise authorized or required by this subtitle.]

22-14          (b)  Except as provided by Subsection (c), payments [A

22-15    payment authorized by this section consists of the contribution

22-16    required to establish or reestablish at least one year of service

22-17    credit, including any required interest and membership fees, except

22-18    that a person's last in a series of payments under this section may

22-19    be for a period of remaining service that is less than one year.]

22-20          [(c)  The retirement system shall grant the applicable amount

22-21    of service credit after each payment is made under this section.]

22-22          [(d)  Payments] may not be made under a rule adopted under

22-23    this section:

22-24                (1)  to establish or reestablish service credit of a

22-25    person who has retired or died;  or

22-26                (2)  to establish current service under Section

22-27    838.101.

 23-1          (c)  Under a rule adopted under this section, the designated

 23-2    beneficiary of a deceased member or, if none exists, the personal

 23-3    representative of the decedent's estate may establish or

 23-4    reestablish service for which the member was eligible at the time

 23-5    of death if the establishment or reestablishment of the service

 23-6    would result in the payment of a death benefit annuity.

 23-7          (d)  The payment for the establishment or reestablishment of

 23-8    service under Subsection (c) must be made in a lump sum and

 23-9    completed before the first payment of a death benefit annuity, but

23-10    not later than the 60th day after the date the retirement system

23-11    receives notice of the death.

23-12          [(e)  The retirement system may adopt rules to administer

23-13    this section.]

23-14          SECTION 33.  Subchapter A, Chapter 839, Government Code, is

23-15    amended by adding Section 839.004 to read as follows:

23-16          Sec. 839.004.  DISCLAIMER OF BENEFITS.  The retirement system

23-17    shall give effect to a full or partial disclaimer of benefits

23-18    executed in accordance with Section 37A, Texas Probate Code, unless

23-19    the benefit to be disclaimed is a lifetime annuity.

23-20          SECTION 34.  Section 839.101(a), Government Code, is amended

23-21    to read as follows:

23-22          (a)  A member is eligible to retire and receive a service

23-23    retirement annuity if the member:

23-24                (1)  is at least 65 years old, currently holds a

23-25    judicial office, and has at least 10 years of service credited in

23-26    the retirement system[, the most recently performed of which was

23-27    for a continuous period of at least one year];

 24-1                (2)  is at least 65 years old and has at least 12 years

 24-2    of service[, continuous or otherwise,] credited in the retirement

 24-3    system, regardless of whether the member currently holds a judicial

 24-4    office;  or

 24-5                (3)  has at least 20 years of service credited in the

 24-6    retirement system, [the most recently performed of which was for a

 24-7    continuous period of at least 10 years,] regardless of whether the

 24-8    member currently holds a judicial office.

 24-9          SECTION 35.  Section 839.302, Government Code, is amended to

24-10    read as follows:

24-11          Sec. 839.302.  SELECTION OF DEATH BENEFIT PLAN BY SURVIVOR OF

24-12    MEMBER.  If a member eligible to select a death benefit plan under

24-13    Section 839.301 dies without having made a selection or if a plan

24-14    selected cannot be made effective, the member's designated

24-15    beneficiary [surviving spouse] may select a plan in the same manner

24-16    as if the member  had made the selection.  If there is no

24-17    designated beneficiary [surviving spouse], the personal

24-18    representative of the decedent's estate may make the selection.

24-19          SECTION 36.  Section 840.3012(b), Government Code, is amended

24-20    to read as follows:

24-21          (b)  To be eligible to lend securities under this section, a

24-22    bank or brokerage firm must:

24-23                (1)  be experienced in the operation of a fully secured

24-24    securities loan program;

24-25                (2)  maintain adequate capital in the prudent judgment

24-26    of the retirement system to assure the safety of the securities;

24-27                (3)  execute an indemnification agreement satisfactory

 25-1    in form and content to the retirement system fully indemnifying the

 25-2    retirement system against loss resulting from borrower default in

 25-3    its operation of a securities loan program for the system's

 25-4    securities;  and

 25-5                (4)  require any securities broker or dealer to whom it

 25-6    lends securities belonging to the retirement system to deliver to

 25-7    and maintain with the custodian collateral in the form of cash or

 25-8    United States government securities in an amount equal to not less

 25-9    than 100 percent of the market value, from time to time, of the

25-10    loaned securities.

25-11          SECTION 37.  Section 840.303, Government Code, is amended to

25-12    read as follows:

25-13          Sec. 840.303.  DUTY OF CARE.  The assets of the retirement

25-14    system shall be invested and reinvested without distinction as to

25-15    their source in accordance with Section 67, Article XVI, Texas

25-16    Constitution.  Investment decisions are subject to the standard

25-17    provided in the Texas Trust Code by Section 113.056(a), Property

25-18    Code.  [In making investments for the retirement system, the board

25-19    of trustees shall exercise the judgment and care, under the

25-20    circumstances prevailing at the time of the investment, that

25-21    persons of ordinary prudence, discretion, and intelligence exercise

25-22    in the management of their own affairs, not in speculation but when

25-23    making a permanent disposition of their funds, considering the

25-24    probable income from the disposition and the probable safety of

25-25    their capital.]

25-26          SECTION 38.  Section 609.009, Government Code, is amended to

25-27    read as follows:

 26-1          Sec. 609.009.  TRUST FOR [OWNERSHIP UNDER] 457 PLAN.  An

 26-2    employee's deferred amounts and investment income under a 457 plan

 26-3    and the qualified investment products in which the amounts are

 26-4    invested are held in trust for the exclusive benefit of

 26-5    participants and their  beneficiaries in accordance with Section

 26-6    457 of the Internal Revenue Code of 1986 (26 U.S.C. Section 457).

 26-7    For purposes of this section, custodial accounts and contracts

 26-8    described by Section 457 are treated as trusts.  A trust does not

 26-9    have to be established before January 1, 1999, for a 457 plan in

26-10    existence on August 20, 1996 [the property of the employing

26-11    political subdivision or state agency, as appropriate, until the

26-12    deferred amounts and investment income are distributed to the

26-13    employee].

26-14          SECTION 39.  Sections 609.502(a) and (b), Government Code,

26-15    are amended to read as follows:

26-16          (a)  The board of trustees of the Employees Retirement System

26-17    of Texas is the trustee and the plan administrator of a 401(k) plan

26-18    known as TexaSaver established under this subchapter.

26-19          (b)  The board of trustees is the trustee and the plan

26-20    administrator of a 457 plan established under this subchapter.

26-21          SECTION 40.  Section 609.509(b), Government Code, is amended

26-22    to read as follows:

26-23          (b)  In a contract under Subsection (a), the board of

26-24    trustees may provide for the board to audit periodically the person

26-25    with whom the contract is made.  The audit may cover:

26-26                (1)  the proper handling and accounting of state or

26-27    trust funds;  and

 27-1                (2)  other matters related to the proper performance of

 27-2    the contract.

 27-3          SECTION 41.  Section 609.512(b), Government Code, is amended

 27-4    to read as follows:

 27-5          (b)  The deferred compensation trust fund is in the state

 27-6    treasury.  The fund is for the benefit of the deferred compensation

 27-7    plan described by Section 609.502(b) [609.502(a)].

 27-8          SECTION 42.  Sections 3(a)(2), (8), and (9), Texas Employees

 27-9    Uniform Group Insurance Benefits Act (Article 3.50-2, Vernon's

27-10    Texas Insurance Code), are amended to read as follows:

27-11                (2)  "Annuitant" shall mean an officer or employee who

27-12    has at least three years of service as an eligible employee with a

27-13    department whose employees are authorized to participate in the

27-14    Texas employees uniform group insurance benefits program and who

27-15    retires under:

27-16                      (A)  the jurisdiction of the Employees Retirement

27-17    System of Texas and either receives an annuity or is eligible to

27-18    receive an annuity, pursuant to Subtitle B, D, or E of Title 8,

27-19    Government Code, or Chapter 803, Government Code, that is based on

27-20    at least 10 years of service credit or eligibility under Section

27-21    814.002 or 814.102, Government Code;

27-22                      (B)  the jurisdiction of the Teacher Retirement

27-23    System of Texas and either receives an annuity or is eligible to

27-24    receive an annuity, pursuant to Subtitle C, Title 8, Government

27-25    Code, or Chapter 803, Government Code, that is based on at least 10

27-26    years of service credit, whose last state employment prior to

27-27    retirement, including employment by a public community/junior

 28-1    college, was as an employee of a department whose employees are

 28-2    authorized to participate in the Texas employees uniform group

 28-3    insurance program;

 28-4                      (C)  the optional retirement program established

 28-5    by Chapter 830, Government Code, and either receives an annuity or

 28-6    is eligible to receive an annuity under that program, if the

 28-7    [person's last state employment before retirement, including

 28-8    employment by a public community/junior college, was as an employee

 28-9    of a department whose employees are authorized to participate in

28-10    the Texas employees uniform group insurance program and if the]

28-11    person either:

28-12                            (i)  would have been eligible to retire and

28-13    receive a service retirement annuity from the Teacher Retirement

28-14    System of Texas or the Employees Retirement System of Texas based

28-15    on at least 10 years of service credit had the person not elected

28-16    to participate in the optional retirement program; or

28-17                            (ii)  is disabled as determined by the

28-18    Employees Retirement System of Texas;  or

28-19                      (D)  any other federal or state statutory

28-20    retirement program to which an institution of higher education has

28-21    made employer contributions, if the employee has met service

28-22    requirements, age requirements, and other applicable requirements

28-23    comparable to the requirements for retirement under the Teacher

28-24    Retirement System of Texas, based on at least 10 years of service

28-25    credit.

28-26                (8)  "Dependent" shall mean the spouse of an employee

28-27    or retired employee and:

 29-1                      (A)  an unmarried child under 25 years of age,

 29-2    including[:  (A)] an adopted child and [(B)] a stepchild, foster

 29-3    child, or other child who is in a regular parent-child

 29-4    relationship;

 29-5                      (B)  [and (C)] any such child, regardless of age,

 29-6    who lives with or whose care is provided by an employee or

 29-7    annuitant on a regular basis if such child is mentally retarded or

 29-8    physically incapacitated to such an extent as to be dependent upon

 29-9    the employee or retired employee for care or support, as the

29-10    trustee shall determine; and

29-11                      (C)  any such child who is unmarried, regardless

29-12    of age, for purposes of health benefits coverage under this Act, on

29-13    expiration of the child's continuation coverage under the

29-14    Consolidated Omnibus Budget Reconciliation Act of 1985.

29-15                (9)  "Qualified carrier" shall mean:

29-16                      (A)  any insurance company authorized to do

29-17    business in this state by the Texas Department [State Board] of

29-18    Insurance to provide any of the types of insurance coverages,

29-19    benefits, or services provided for in this Act under any of the

29-20    insurance laws of the State of Texas, which has a surplus of $1

29-21    million, a successful operating history, and which has had

29-22    successful experience in providing and servicing any of the types

29-23    of group coverage provided for in this Act as determined by the

29-24    Texas Department [State Board] of Insurance;

29-25                      (B)  any corporation operating under Chapter 20

29-26    or 20A of the Insurance Code which provides any of the types of

29-27    coverage, benefits, or services provided for in this Act, a

 30-1    successful operating history, and which has had successful

 30-2    experience in providing and servicing any of the types of group

 30-3    coverage provided for in this Act as determined by the Texas

 30-4    Department [State Board] of Insurance;  or

 30-5                      (C)  any combination or carriers as herein

 30-6    defined, upon such terms and conditions as may be prescribed by the

 30-7    trustee, providing, however, that for purposes of this Act carriers

 30-8    combining for the purpose of bidding and/or underwriting this

 30-9    program shall not be considered in violation of Sections 15.01

30-10    through 15.34, Chapter 15, Title 2, Competition and Trade

30-11    Practices, Texas Business & Commerce Code.

30-12          SECTION 43.  (a)  Section 4B(e), Texas Employees Uniform

30-13    Group Insurance Benefits Act (Article 3.50-2, Vernon's Texas

30-14    Insurance Code), as added by Chapter 242, Acts of the 72nd

30-15    Legislature, Regular Session, 1991, is amended to read as follows:

30-16          (e)  The trustee may delegate [the duties of the executive

30-17    director under this section to another employee of the Employees

30-18    Retirement System of Texas and may delegate] its duties to hear

30-19    appeals to the executive director.

30-20          (b)  Section 4B(e), Texas Employees Uniform Group Insurance

30-21    Benefits Act (Article 3.50-2, Vernon's Texas Insurance Code), as

30-22    added by Chapter 391, Acts of the 72nd Legislature, Regular

30-23    Session, 1991, is redesignated as Section 4B(f) to read as follows:

30-24          (f) [(e)]  The executive director may delegate the duties of

30-25    the executive director under this section to another person who is

30-26    employed by the Employees Retirement System of Texas.

30-27          SECTION 44.  Section 4C(a), Texas Employees Uniform Group

 31-1    Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance

 31-2    Code), is amended to read as follows:

 31-3          (a)  The trustee may develop a system for an employee[,

 31-4    school district employee,] or annuitant to electronically

 31-5    authorize:

 31-6                (1)  enrollment in a coverage or benefit program;

 31-7                (2)  contributions to a coverage or benefit program;

 31-8    and

 31-9                (3)  deductions or reductions to the compensation or

31-10    annuity of the employee[, school district employee,] or annuitant

31-11    for participation in a coverage or benefit program.

31-12          SECTION 45.  Sections 5(b), (h), (i), and (j), Texas

31-13    Employees Uniform Group Insurance Benefits Act (Article 3.50-2,

31-14    Vernon's Texas Insurance Code), are amended to read as follows:

31-15          (b)  In the event the trustee shall select a [as the] carrier

31-16    [one] whose bid was not the lowest of all bids submitted, such

31-17    selection shall be submitted together with justifications and

31-18    reasons therefor to the commissioner of insurance [State Board of

31-19    Insurance].  Such deviating selection shall not be deemed final and

31-20    binding unless and until the commissioner of insurance [a majority

31-21    of the State Board of Insurance] has certified [its] approval in

31-22    writing to the trustee, or upon the expiration of 30 days after

31-23    receipt thereof by the commissioner [State Board of Insurance] such

31-24    deviating selection shall be deemed approved.

31-25          (h)  In the event the trustee determines that benefits shall

31-26    be provided from the Employees Life, Accident, and Health Insurance

31-27    and Benefits Fund, the trustee may contract with one or more [a]

 32-1    qualified and experienced administering firms [firm] on a

 32-2    competitive  bid basis to administer the plans of coverage [claims

 32-3    arising from the coverages] provided in Section 5 of the Act.

 32-4          (i)  The trustee shall select one or more [the desired]

 32-5    administering firms [firm] to provide services which shall be in

 32-6    the best  interests of the employees covered by the Act.  The

 32-7    trustee is not required to select the lowest bid but shall take

 32-8    into consideration such other factors as ability to service large

 32-9    group programs, past experience, and other relevant criteria.

32-10    Should the trustee select a firm whose bid was not the lowest or

32-11    one whose bid differs from that specified, the reasons for such

32-12    action shall be fully justified and explained in the minutes of the

32-13    next meeting of the trustee.

32-14          (j)  The trustee may not contract for or provide a plan of

32-15    [group] coverage [or with a health maintenance organization or

32-16    provide coverage  directly from the fund] that:

32-17                (1)  excludes or limits coverage or services for

32-18    acquired immune deficiency syndrome, as defined by the Centers for

32-19    Disease Control of the United States Public Health Service, or

32-20    human immunodeficiency virus infection;  or

32-21                (2)  provides coverage for serious mental illness that

32-22    is less extensive than the coverage provided for any [other]

32-23    physical illness.

32-24          SECTION 46.  Section 5A(a), Texas Employees Uniform Group

32-25    Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance

32-26    Code), is amended to read as follows:

32-27          (a)  The trustee may define the basic coverage in which every

 33-1    full-time employee and every annuitant participates unless

 33-2    participation is specifically waived.  The trustee may define

 33-3    different basic coverage plans for active full-time employees and

 33-4    for annuitants.  Basic coverage must include basic health coverage.

 33-5    Basic health coverage may be offered through any health benefits

 33-6    plan.  [Basic coverage shall include, but not be limited to,

 33-7    benefits and health care service required by state and federal

 33-8    law.]

 33-9          SECTION 47.  Section 9, Texas Employees Uniform Group

33-10    Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance

33-11    Code), is amended to read as follows:

33-12          Sec. 9.  ANNUAL ACCOUNTING; SPECIAL CONTINGENCY RESERVE.  (a)

33-13    A carrier [Carriers] providing any policy purchased under this Act

33-14    shall  provide an accounting to the trustee not later than 90 days

33-15    after the end of each policy year.  The accounting shall set forth,

33-16    in a form approved by the trustee:

33-17                (1)  the amounts of premiums actually accrued under the

33-18    policy from its date of issue to the end of the policy year;

33-19                (2)  the total of all mortality and other claims,

33-20    charges, losses, costs, and expenses incurred for that period;  and

33-21                (3)  the amounts of the carrier's [insurers'] allowance

33-22    for a reasonable profit and contingencies for that period.

33-23          (b)  An excess of the total of Subdivision (a)(1) of this

33-24    section over the sum of Subdivisions (a)(2) and (a)(3) of this

33-25    section shall be held by the carrier issuing a participating [the]

33-26    policy as a  special contingency reserve to be used by the carrier

33-27    only for charges, claims, costs, and expenses under the policy.

 34-1    The reserve shall bear interest at a rate determined in advance of

 34-2    each policy year by the carrier and approved by the trustee as

 34-3    being consistent with the rates generally used by the carrier for

 34-4    similar funds held under other group insurance policies.  When the

 34-5    trustee determines that the special contingency reserve has

 34-6    attained an amount estimated by it to make satisfactory provision

 34-7    for adverse fluctuations in future charges, claims, costs, or

 34-8    expenses under the policy, any further excess shall be deposited in

 34-9    the State Treasury to the credit of the Employees Life, Accident,

34-10    and Health Insurance and Benefits Fund.  When a policy is

34-11    discontinued, any balance remaining in the special contingency

34-12    reserve after all charges have been made shall be deposited in the

34-13    State Treasury to the credit of the fund.  The carrier may make the

34-14    deposit in equal monthly installments over a period of not more

34-15    than two years.

34-16          SECTION 48.  Section 10(b), Texas Employees Uniform Group

34-17    Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance

34-18    Code), is amended to read as follows:

34-19          (b)  Policies [Exemption from Taxes on Premiums.  Premiums or

34-20    contributions on policies], insurance contracts, certificates of

34-21    coverage, evidence of coverage, and agreements with health

34-22    maintenance organizations and plan administrators, or any other

34-23    coverages established under this Act, [or other coverages] shall

34-24    not be subject to any state tax, regulatory fee, or surcharge,

34-25    including premium or maintenance taxes or fees.

34-26          SECTION 49.  Section 11, Texas Employees Uniform Group

34-27    Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance

 35-1    Code), is amended by adding Subsections (d) and (e) to read as

 35-2    follows:

 35-3          (d)  In addition to the authority granted under Article

 35-4    3.50-6, Insurance Code, the trustee may adopt rules to provide for

 35-5    payment of accelerated life insurance benefits to a terminally ill,

 35-6    terminally injured, or permanently disabled participant in amounts

 35-7    that benefit the participants without increasing the cost of

 35-8    providing the benefits.  The amount of any payment of an

 35-9    accelerated benefit under rules adopted under this subsection must

35-10    be deducted from the amount that would otherwise be payable as a

35-11    death benefit.

35-12          (e)(1)  In addition to retiree basic term life insurance

35-13    coverage, a participant in the optional group term life insurance

35-14    program may maintain optional term life insurance coverage after

35-15    retirement.  The trustee may adopt rules for the implementation and

35-16    administration of this subsection.

35-17                (2)  A participant may maintain after retirement the

35-18    amount of optional term life insurance coverage on the

35-19    participant's life on the date of retirement, not to exceed two

35-20    times the participant's annual salary on the last September 1

35-21    before retirement and subject to benefit reduction factors based on

35-22    age as determined by the trustee.  The trustee shall determine the

35-23    rate for retiree optional term life insurance coverage.  The rate

35-24    must be comparable to the rate for optional term life insurance

35-25    coverage for an active employee of the same age.  Alternatively, a

35-26    retiree may choose another minimum optional term life insurance

35-27    coverage amount not subject to benefit reduction factors based on

 36-1    age, with a coverage amount and premium rate determined by the

 36-2    trustee.

 36-3                (3)  A retiree participating in optional term life

 36-4    insurance coverage is not eligible for premium-waived extended

 36-5    insurance benefits or accelerated life insurance benefits if the

 36-6    total disability or terminal condition, respectively, begins after

 36-7    the date of retirement.  Accidental death and dismemberment

 36-8    insurance coverage ceases on the date of retirement, regardless of

 36-9    age.

36-10                (4)  A participant who retired on or after December 31,

36-11    1995, but before September 1, 1997, and who elected at the time of

36-12    retirement to continue the maximum optional term life insurance

36-13    amount available to a retiree at the time, may reinstate,

36-14    prospectively, the level of optional group term life insurance in

36-15    force on the participant's life immediately before the

36-16    participant's retirement, not to exceed the maximum coverage set

36-17    for retirees in Subdivision (2) of this subsection.  This

36-18    subdivision expires December 31, 1997.

36-19          SECTION 50.  Section 12, Texas Employees Uniform Group

36-20    Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance

36-21    Code), is amended by adding Subsection (e) to read as follows:

36-22          (e)  The trustee shall give effect to a full or partial

36-23    disclaimer of benefits executed in accordance with Section 37A,

36-24    Texas Probate Code.

36-25          SECTION 51.  Sections 13(b) and (c), Texas Employees Uniform

36-26    Group Insurance Benefits Act (Article 3.50-2, Vernon's Texas

36-27    Insurance Code), are amended to read as follows:

 37-1          (b)  Unless participation is waived specifically or unless an

 37-2    employee or employee-annuitant is expelled from the program under

 37-3    Section 13A of this Act, every full-time employee except one who is

 37-4    described by Section 3(a)(5)(A)(x) of this Act shall be covered

 37-5    automatically by the basic plan for active full-time employees and

 37-6    every employee-annuitant shall be covered by the basic plan for

 37-7    retired employee-annuitants.  Coverage shall begin on the date he

 37-8    becomes eligible, and each policy of insurance purchased by the

 37-9    trustee shall provide for such automatic coverage.

37-10          (c)  Unless expelled from the program under Section 13A of

37-11    this Act, each part-time employee and each employee of an

37-12    institution of higher education who is described by Section

37-13    3(a)(5)(A)(x) [3(a)(5)(A)(viii)] of this Act is eligible for

37-14    participation in the group programs provided under this Act upon

37-15    execution of appropriate application for coverage [payroll

37-16    deduction authorization for the required payment of premiums].  An

37-17    institution of higher education shall, at the time of employment,

37-18    notify each employee of the institution who is described by Section

37-19    3(a)(5)(A)(x) [3(a)(5)(A)(viii)] of this Act of the employee's

37-20    eligibility to participate in the group programs provided under

37-21    this Act.

37-22          SECTION 52.  Section 13A(f), Texas Employees Uniform Group

37-23    Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance

37-24    Code), is amended to read as follows:

37-25          (f)  An employee, annuitant, or dependent expelled from the

37-26    Texas employees uniform group insurance program may not participate

37-27    in any [a health maintenance organization or be insured under any

 38-1    insurance or benefits] plan of coverage offered by the program for

 38-2    a  period determined by the trustee of not more than five years

 38-3    from the date the expulsion from the program takes effect.

 38-4          SECTION 53.  Sections 15(b), (c), and (d), Texas Employees

 38-5    Uniform Group Insurance Benefits Act (Article 3.50-2, Vernon's

 38-6    Texas Insurance Code), are amended to read as follows:

 38-7          (b)  The state shall contribute to the cost of each

 38-8    employee's  individual and dependent group coverages the amounts

 38-9    appropriated for the coverages in the General Appropriations Act.

38-10    The governing board of each state department and institution of

38-11    higher education participating in the program established under

38-12    this Act shall pay the trustee a like amount for each employee's

38-13    individual or dependent group coverages for their employees who

38-14    are, and retirees who were,  compensated from funds not

38-15    appropriated in the General Appropriations Act.  The departments

38-16    and institutions shall include the required contributions from

38-17    funds not appropriated in the General Appropriations Act in their

38-18    annual operating budgets.  Each state department and institution of

38-19    higher education participating in the program shall assure current

38-20    participant coverages based on the records of the trustee, make

38-21    timely payments of amounts due the trustee from all fund sources

38-22    under the control of the department or institution, and reconcile

38-23    trustee and agency records of coverages and payments monthly.

38-24    There [From and after the effective date of this Act, there] is

38-25    hereby allocated [and appropriated] to the trustee, in accordance

38-26    with the  provisions of this Act, from the several funds from which

38-27    [state] employees receive their respective salaries, a sum equal to

 39-1    the total of all employer contributions computed in accordance with

 39-2    the provisions of this Act and the rules and regulations of the

 39-3    trustee promulgated pursuant thereto.

 39-4          (c)  All money hereby allocated [and appropriated] by the

 39-5    state, including institutions of higher education, to the trustee

 39-6    under this Act shall be paid to the trustee in monthly installments

 39-7    based on the annual estimate by the trustee of the contributions to

 39-8    be received for all [state] employees during said year;  provided,

 39-9    however, that in the event said estimate of the contributions of

39-10    the [state] employees shall vary from the actual amount of the

39-11    employer contributions during the year, such adjustments shall be

39-12    made at the close of each fiscal year as may be required.  Each of

39-13    said monthly installments shall be paid into the appropriate fund

39-14    created by this Act in the amount certified by the trustee.

39-15          (d)  The trustee shall certify to the governing boards of

39-16    those state departments and institutions of higher education

39-17    participating in the program established under this Act who provide

39-18    contributions for  their employees' individual and dependent

39-19    coverages [employees] from operating budgets provided from sources

39-20    other than the General Appropriations Act the proportionate amounts

39-21    required [needed] to pay their respective contributions.  Such

39-22    certifications shall be made at least 30 days prior to the meeting

39-23    at which the governing board adopts its operating budget.

39-24          SECTION 54.  Sections 18(a) and (b), Texas Employees Uniform

39-25    Group Insurance Benefits Act (Article 3.50-2, Vernon's Texas

39-26    Insurance Code), are amended to read as follows:

39-27          (a)  The group benefits advisory committee is composed of 26

 40-1    [27] voting members as provided by this section.  The office of the

 40-2    attorney general, [the office of the state treasurer,] the office

 40-3    of the comptroller, the Railroad Commission of Texas, the General

 40-4    Land Office, and the Department of Agriculture are entitled to be

 40-5    represented by one member each on the committee, who may be

 40-6    appointed by the governing body of the state agency or elected by

 40-7    and from the employees of the agency, as determined by rule by the

 40-8    governing body of the agency.  One employee shall be elected from

 40-9    each of the remaining eight largest state agencies that are

40-10    governed by appointed officers by and from the employees of those

40-11    agencies.  One nonvoting member shall be the executive director of

40-12    the Employees Retirement System of Texas.  One member shall be an

40-13    expert in employee benefit issues from the private sector,

40-14    appointed by the governor.   One member shall be an expert in

40-15    employee benefits issues from the private sector, appointed by the

40-16    lieutenant governor.  One member shall be a retired state employee

40-17    appointed by the trustee.  One member shall be a state employee of

40-18    a state agency other than one of the eight largest state agencies,

40-19    appointed by the trustee.  Not more than one employee from a

40-20    particular state agency may serve on the committee.  Each of the

40-21    seven largest institutions of higher education, as determined by

40-22    the number of employees on the payroll of an institution, shall

40-23    elect one member of the committee from among persons who have each

40-24    been nominated by a petition signed by at least 300 employees.  Two

40-25    members shall be employees of institutions of higher education,

40-26    other than the seven largest institutions of higher education, who

40-27    are appointed by the Texas Higher Education Coordinating Board, but

 41-1    not more than one employee shall be from any one institution.  The

 41-2    members shall elect a presiding officer from their membership to

 41-3    serve a one-year term.

 41-4          (b)  All members of the committee shall be appointed or

 41-5    elected for three-year terms. During a term of appointment or

 41-6    election, state employee vacancies shall be filled by an employee

 41-7    of the same agency from which the vacancy occurred[, being]

 41-8    appointed by the governing body of the agency or institution

 41-9    [trustees] for the balance of the vacated term. A vacancy in a

41-10    position held by a member of the private sector shall be filled by

41-11    the officer who originally made the appointment to that position.

41-12          SECTION 55.  Section 19, Texas Employees Uniform Group

41-13    Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance

41-14    Code), is amended by amending Subsection (a) and adding Subsection

41-15    (d) to read as follows:

41-16          (a)  Any employee or annuitant shall be entitled to secure

41-17    for his dependents any uniform group coverages provided for

41-18    employees under this Act, as shall be determined by the trustee,

41-19    except that a foster child is eligible for health insurance

41-20    coverage only if the child is not covered by another governmental

41-21    health program. If an employee or annuitant resides outside of a

41-22    health maintenance organization service area, the uniform group

41-23    coverages must be made available to a dependent without evidence of

41-24    insurability if the employee or annuitant applies for the coverage

41-25    for the dependent during the annual enrollment period.  Payments

41-26    required of the employee in excess of employer contributions shall

41-27    be deducted from the monthly pay of the employee or from his

 42-1    retirement benefits, or the employee's salary shall be reduced in

 42-2    the appropriate amount, in such manner and form as the trustee

 42-3    shall determine.

 42-4          (d)  A dependent child who is unmarried and whose coverage

 42-5    under this Act ceases when the child reaches the age of 25 may, on

 42-6    expiration of continuation coverage under the Consolidated Omnibus

 42-7    Budget Reconciliation Act of 1985, reinstate health benefits

 42-8    coverage under this Act, if the child, or the child's participating

 42-9    parent, pays the full cost of the health benefits coverage.  A

42-10    state contribution is not payable for coverage described by this

42-11    subsection.  Coverage under this subsection ceases at the end of

42-12    the month in which the child marries.

42-13          SECTION 56.  Section 659.102, Government Code, is amended to

42-14    read as follows:

42-15          Sec. 659.102.  DEDUCTION FOR SUPPLEMENTAL OPTIONAL BENEFITS

42-16    PROGRAM.  (a)  An employee of a state agency may authorize in

42-17    writing a deduction each pay period from the employee's salary or

42-18    wage payment for coverage of the employee under an eligible

42-19    supplemental optional benefits program.

42-20          (b)  The Employees Retirement System of Texas shall designate

42-21    supplemental optional benefits programs that are eligible under

42-22    this section and that promote the interests of the state and state

42-23    agency employees.  In addition, institutions of higher education as

42-24    defined by Section 61.003, Education Code, or institutions as

42-25    defined by Section 3(a)(7), Texas State College and University

42-26    Employees Uniform Insurance Benefits Act (Article 3.50-3, Vernon's

42-27    Texas Insurance Code), may approve employee-funded dental plans as

 43-1    an optional benefits program for their employees under this

 43-2    section.

 43-3          (c)  The supplemental optional benefits program may include

 43-4    permanent life insurance, catastrophic illness insurance,

 43-5    disability insurance, or prepaid legal services.

 43-6          SECTION 57.  (a)  Sections 803.403, 813.105, 833.106,

 43-7    838.103(i), and 838.106, Government Code, are repealed.

 43-8          (b)  Section 5(e), Texas Employees Uniform Group Insurance

 43-9    Benefits Act (Article 3.50-2, Vernon's Texas Insurance Code), is

43-10    repealed.

43-11          SECTION 58.  (a)  The change in law made by this Act in

43-12    Sections 811.001(9) and 814.104(b), Government Code, is intended to

43-13    reflect the current law providing for the commissioning and

43-14    administration of the Capitol area security force by the Department

43-15    of Public Safety.  Service credit previously accrued by a member of

43-16    the Capitol area security force as a commissioned law enforcement

43-17    officer of the General Services Commission, or a predecessor

43-18    agency, remains credited as service by a law enforcement officer

43-19    unless canceled as otherwise provided by Subtitle B, Title 8,

43-20    Government Code.

43-21          (b)  An employee of the Texas Education Agency whose

43-22    membership was transferred from the Teacher Retirement System of

43-23    Texas to the Employees Retirement System of Texas under Section 43,

43-24    Chapter 812, Acts of the 73rd Legislature, Regular Session, 1993,

43-25    who was a retiree of the Employees Retirement System of Texas at

43-26    the time of the transfer, and who continued to make contributions

43-27    to the Teacher Retirement System of Texas after the transfer may

 44-1    remain as a member of the Teacher Retirement System of Texas exempt

 44-2    from the transfer that occurred in 1993.

 44-3          SECTION 59.  This Act takes effect September 1, 1997.

 44-4          SECTION 60.  The importance of this legislation and the

 44-5    crowded condition of the calendars in both houses create an

 44-6    emergency and an imperative public necessity that the

 44-7    constitutional rule requiring bills to be read on three several

 44-8    days in each house be suspended, and this rule is hereby suspended.