SRC-PNG H.B. 986 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 986
76R4777 GCH-DBy: Williams (Ogden)
Intergovernmental Relations
4/12/1999
Engrossed


DIGEST 

Currently, under Texas law, a member of the Texas County and District
Retirement System (TCDRS) must terminate employment with all participating
subdivisions before becoming eligible for service retirement.  A member may
still receive a retirement annuity if the member begins work with another
participating subdivision provided that the member remains unemployed by
TCDRS for 30 days between jobs.  This bill would authorize a member to
retire from the current job, begin working at another job, and receive
retirement benefits from the initial employer without having to be
unemployed for a certain period of time. 

PURPOSE

As proposed, H.B. 986 authorizes a member of the Texas County and District
Retirement System to retire from the current job, begin working at another
job, and receive retirement benefits from the initial employer without
having to be unemployed for a certain period of time. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.   Amends Section 844.003, Government Code, by amending
Subsection (a) and adding Subsection (d), to authorize a member of the
Texas County and District Retirement System (TCDRS) who is eligible for
service retirement on the day the member terminates employment with a
participating subdivision to apply for and receive a service retirement
annuity regardless of whether the member becomes an employee of another
participating subdivision.  Prohibits service with the member's new
employer from being used in determining eligibility for the annuity and
prohibits contributions for the service from being used to determine the
amount of the annuity.  Sets forth  the effective date of a retirement.
Prohibits the effective date from being later than a certain date. Provides
that a person who retires under this subsection is considered a retiree who
has resumed service with a different employer under Section 842.111.  Makes
a conforming change. 

SECTION 2. Authorizes a member of TCDRS who resigned from employment with a
participating subdivision to accept employment with another participating
subdivision after January 1, 1998, and before the effective date of this
Act, who is also a contributing member of the retirement system, and who
would have met the requirements of Section 844.003(d), Government Code, if
that law had been in effect on January 1, 1998, to apply for and receive a
service retirement annuity under the terms of that law if the retirement
system receives the application before January 1, 2000.  Sets forth the
effective date of retirement for an eligible person who makes a timely
application under this subsection.  Provides that the amount of a service
retirement annuity will be determined under the plan terms and conditions
in effect on the last day of the month in which the member resigned from
employment with the subdivision.  Requires TCDRS to pay all unpaid annuity
payments that would have been paid if Section 844.003(d), Government Code,
had been in effect on January 1, 1998, in a single sum. 

SECTION 3. Emergency clause.
  Effective date: upon passage.