HBA-SEB H.B. 1734 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1734
By: Junell
Pensions and Investments
3/21/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, district attorneys and criminal district attorneys are eligible
for participation in the elected class of the Employees Retirement System
of Texas (ERS).  In the contribution system, a state-paid prosecutor or
judge contributes six percent of the member's salary into a retirement
account.  The two professionals earn the same salary, but after 20 years of
service credit a prosecutor becomes entitled to a pension equal to 45
percent of a district judge's salary while a judge becomes entitled to 60
percent.  H.B. 1734 increases the standard service multiplier for a
district or criminal district attorney or county attorney performing the
duties of a district attorney to 2.25 percent for under 12 years of service
to a maximum of 3 percent for 20 years or more.  This bill prohibits the
amount from exceeding 100 percent of a judges state paid salary.      

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 814, Government Code, by adding
Section 814.1031, as follows: 

Sec. 814.1031.  SERVICE RETIREMENT BENEFITS FOR SERVICE AS DISTRICT OR
CRIMINAL DISTRICT ATTORNEY OR COUNTY ATTORNEY PERFORMING DISTRICT ATTORNEY
DUTIES.  (a)  Provides that the standard service retirement annuity for
service performed as a district or criminal district attorney or a county
attorney performing the duties of a district attorney is an amount equal to
the number of years of service credit in that position, multiplied by a
percentage of the state salary being paid a district judge, notwithstanding
Section 814.103 (Service Retirement Benefits for Elected Class Service) and
except as provided by Subsection (b).  Sets forth a schedule of the
percentage of a district judge's state salary to be used in the
computation.  The percentage varies in relation to the person's number of
years of service. 

(b)  Prohibits a standard service retirement annuity under this section
from exceeding at any time 100 percent of the state salary being paid a
district judge. 

SECTION 2.  Amends Section 812.002(a), Government Code, to include in the
membership of the elected class of the Employees Retirement System of Texas
(ERS) a county attorney performing the duties of a district attorney.   

SECTION 3.  Amends Section 814.108(a), Government Code, to make a
conforming change. 

SECTION 4.  Requires ERS to recompute each annuity that is being paid on
August 31, 1999, and that is based on the service of a district or criminal
district attorney or a county attorney performing the duties of a district
attorney as if Section 814.1031, Government Code, as added by this Act, had
been in effect on the date of retirement or death for which the annuity is
payable.  Provides that an annuity as recomputed under this section becomes
payable on the first payment that becomes due on or after the effective
date of this Act. 
 
SECTION 5.  Provides that the change in law made by this Act to Section
812.002(a), Government Code, is intended to clarify the law in effect and
being administered immediately before the effective date of this Act. 

SECTION 6.  Effective date: September 1, 1999.

SECTION 7.  Emergency clause.