1-1 By: Gallegos S.B. No. 1287
1-2 (In the Senate - Filed March 12, 1997; March 18, 1997, read
1-3 first time and referred to Committee on Education; April 11, 1997,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 11, Nays 0; April 11, 1997, sent to printer.)
1-6 COMMITTEE SUBSTITUTE FOR S.B. No. 1287 By: West
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the inclusion of performance pay for purposes of
1-10 contributions and benefits under the Teacher Retirement System of
1-11 Texas.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsection (b), Section 822.201, Government Code,
1-14 is amended to read as follows:
1-15 (b) "Salary and wages" as used in Subsection (a) means:
1-16 (1) normal periodic payments of money for service the
1-17 right to which accrues on a regular basis in proportion to the
1-18 service performed;
1-19 (2) amounts by which the member's salary is reduced
1-20 under a salary reduction agreement authorized by Chapter 610; [and]
1-21 (3) amounts that would otherwise qualify as salary and
1-22 wages under Subdivision (1) but are not received directly by the
1-23 member pursuant to a good faith, voluntary written salary reduction
1-24 agreement in order to finance payments to a deferred compensation
1-25 or tax sheltered annuity program specifically authorized by state
1-26 law or to finance benefit options under a cafeteria plan qualifying
1-27 under Section 125 of the Internal Revenue Code of 1986 (26 U.S.C.
1-28 Section 125), if:
1-29 (A) the program or benefit options are made
1-30 available to all employees of the employer; and
1-31 (B) the benefit options in the cafeteria plan
1-32 are limited to one or more options that provide deferred
1-33 compensation, group health and disability insurance, group term
1-34 life insurance, dependent care assistance programs, or group legal
1-35 services plans; and
1-36 (4) performance pay awarded to an employee by a school
1-37 district as part of a total compensation plan approved by the board
1-38 of trustees of the district.
1-39 SECTION 2. This Act applies beginning with the 1997-1998
1-40 school year.
1-41 SECTION 3. The importance of this legislation and the
1-42 crowded condition of the calendars in both houses create an
1-43 emergency and an imperative public necessity that the
1-44 constitutional rule requiring bills to be read on three several
1-45 days in each house be suspended, and this rule is hereby suspended,
1-46 and that this Act take effect and be in force from and after its
1-47 passage, and it is so enacted.
1-48 * * * * *