SRC-DPW C.S.S.B. 1128 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1128
76R11227 GCH-DBy: Armbrister
State Affairs
4/19/1999
Committee Report (Substituted)


DIGEST 

Currently, the Teacher Retirement System of Texas stipulates certain
provisions, including financial conditions of membership.  This bill would
set forth revised guidelines for the administration of systems and programs
of the Teacher Retirement System of Texas. 

PURPOSE

As proposed, C.S.S.B. 1128 sets forth guidelines for the administration of
systems and programs of the Teacher Retirement System of Texas. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to Teacher Retirement System of Texas in
SECTION 24 (Section 3(a), Article 305 - 4A, Chapter 3E, Insurance Code) and
to the board of trustees of the Teacher Retirement System of Texas in
SECTIONS 9 and 27 (Sections 824.2045(g), 618.004(a), and  618.006,
Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 822.201, Government Code, by amending Subsection
(b), and adding Subsection (e), to redefine "salary and wages."  Requires a
total compensation plan to: describe all elements of compensation received
by all employees of any agents or agencies in the state responsible for
public education, including the governing board of any school district
created under the laws of this state, any county school board, the board of
trustees, the board of regents of any college or university, or any other
legally constituted board or agency of any public school, but excluding the
State Board of Education, the Texas Education Agency, and the State Board
for Educator Certification (employer); provide at least one type of
performance pay to classroom teachers employed by the employer; identify
each type of performance pay, the performance criteria of and the classes
of employees eligible for each type of performance pay; contain information
regarding the amount of each qualifying employee's pay; contain performance
criteria for earning performance pay that preclude the exercise of
discretion for awarding the pay on any basis other than an evaluation of
employee or group performance or availability of funding; and satisfy any
other requirements adopted by the Teacher Retirement System of Texas
(retirement system). 

SECTION 2. Amends Chapter 823A, Government Code, by adding Section 823.006,
as follows: 

Sec. 823.006. PERMISSIVE SERVICE CREDIT RESTRICTIONS. Defines "nonqualified
service" and "permissive service credit."  Subjects the purchase of
permissive service credit by a person who first becomes a member of the
retirement system after August 31, 2000 to Subsection (d) and all other
applicable requirements of this subtitle.  Subjects the purchase by any
person of permissive service credit, first made available December 31,
1997, to Subsection (d) and all other applicable requirements of this
subtitle.  Prohibits a member from purchasing more than five years of
permissive service credit for nonqualified service, and from purchasing
service credit for nonqualified service before the member has at least five
years of membership service credit, under a circumstance described by
Subsection (b) or (c). 

SECTION 3. Amends Chapter 823C, Government Code, by adding Section 823.203,
as follows: 

Sec. 823.203. MEMBERSHIP SERVICE FOR OPTIONAL RETIREMENT PROGRAM. Prohibits
a member from establishing service credit in the retirement system for any
period when  the member was participating in the optional program. 

SECTION 4. Amends Sections 823.501(b) and (f), Government Code, to provide
that a member, rather than contributing member, of the retirement system at
the time service is reinstated  is eligible to reinstate service credit
under this section.  Makes conforming changes. 

SECTION 5. Amends Section 824.101(c), Government Code, to prohibit a
designation of beneficiary from being made, except as provided by Section
824.1013. 

SECTION 6. Amends Section 824.1011(a), Government Code, to authorize a
person  who marries after retirement to replace the annuity by selecting an
optional retirement annuity and designating the person's spouse as
beneficiary before the second, rather than first, anniversary of marriage. 

SECTION 7. Redesignates  Section 824.1012, Government Code, as added by
Chapter 1416, Acts of the 75th Legislature, Regular Session, 1997, as
Section 824.1013, as follows: 

Sec. 824.1013. CHANGE OF BENEFICIARY AFTER RETIREMENT. Redesignated from
existing Section 824.1012. 

SECTION 8. Amends Sections 824.203(a) and (e), Government Code, to provide
that the standard service retirement annuity is computed on the basis of
the member's average annual compensation three years of service times 2.2,
rather than two, percent for each year of service credit in the retirement
system whether consecutive or not.  Makes a conforming change. 

SECTION 9. Amends Chapter 824C, Government Code, by adding Section
824.2045, as follows: 

Sec. 824.2045. PARTIAL LUMP-SUM OPTION. Authorizes a member who is eligible
for an unreduced service retirement annuity and is not participating in the
deferred retirement option plan under Subchapter I to select a standard
service retirement annuity or an optional service retirement annuity
described by Section 824.204, together with a partial lump-sum
distribution. Prohibits the amount of the lump-sum distribution from
exceeding the sum of 36 months of a standard service retirement annuity
computed without regard to this section.  Requires the service retirement
annuity selected by the member to be actuarially reduced to reflect the
lumpsum option and is required to be actuarially equivalent to a standard
or optional service retirement annuity without the partial lump-sum
distribution.  Requires the annuity and lumpsum to be computed to result in
no actuarial loss to the retirement system.  Authorizes the retiring member
to choose a lump sum equal to 12 months of standard service retirement
annuity and payable at the same time that the first monthly payment of the
annuity is paid, a lump sum equal to 24 months of standard annuity payable
in one or two annual payments, or a lump sum equal to 36 months of a
standard annuity and payable in one, two, or three annual payments.
Provides that the amount of the lump-sum distribution will be deducted from
any amounts payable under Section 824.503.  Authorizes the partial lump-sum
option under this section to be elected only once and prohibits an election
by a retiree.  Provides that a member retiring under the proportionate
retirement program under Chapter 803 is not eligible for the partial
lump-sum option.  Authorizes the board appointed under this  subtitle to
administer the retirement system (board of trustees) to adopt rules for the
implementation of this section. 

SECTION 10. Amends Section 824.502, Government Code, to authorize a
designated beneficiary of a disability retiree who has not selected an
optional annuity under Section 824.308 to select a benefit under Section
824.402. 

SECTION 11. Amends Sections 824.602(a) and (d), Government Code, to
prohibit the retirement system from withholding a monthly benefit payment
if the retiree is employed in a Texas public educational institution on a
full-time basis if the work occurs in not more than six months of a school
year that begins after the retiree's date of retirement.  Provides that a
retiree to whom Subsection (a)(3) applies is not eligible for any other
exceptions to loss of benefits during that school year, rather than a
retiree who has elected to avoid loss of monthly benefits in a school year.
Requires the retirement system to include previous employment in
determining whether the retiree has exceeded six months of employment if a
retiree is employed under, rather than elects, the exemption provided in
Subsection (a)(3).  Deletes provisions regarding employment circumstances
which prohibit the retirement system from withholding monthly benefit
payments.  Makes a conforming change. 
 
SECTION 12. Amends Section 824.804(a), Government Code, to require the
retirement system to transfer monthly from the retired reserve account to
an account for the member in the deferred retirement option account an
amount equal to 61 percent, rather than 79 percent, of the amount the
member would have received that month under a standard service retirement
annuity if the member had retired under the multiplier currently in effect,
rather than on the effective date of plan participation. 

SECTION 13. Amends Section 825.103(a), Government Code, to authorize the
board of trustees to delegate responsibility, discretion, and authority to
certain persons, agencies, and entities in a manner that a prudent person
would delegate.  Requires the board of trustees to act in the best interest
of the members and beneficiaries of the retirement system in deciding
whether and how to delegate responsibility, discretion, and authority. 

SECTION 14. Amends Section 825.301, Government Code, to define
"securities."  Authorizes the board of trustees to contract with multiple
professional, rather than private, investment managers to assist the board
of trustees in investing.  Sets forth requirements for eligibility for
appointment under this subsection.  Authorizes an investment manager to be
authorized to invest, manage, acquire, or dispose of investments or
interests in investments on behalf of the retirement system.  Requires the
board of trustees to exercise care in appointing investment managers, in
establishing the scope and terms of the delegation, and in reviewing an
investment manager's compliance with the terms of the delegation. Requires
the board of trustees to adopt policies and procedures for monitoring the
performance of the board of trustees' investment managers.  Provides that
the board of trustees, an individual member of the board of trustees, and
employees of the retirement system, are not liable for the acts of an
investment manager to whom fiduciary responsibilities have been properly
delegated.  Requires the board of trustees to develop written strategies,
policies, and guidelines concerning the investment of assets of the
retirement system.  Authorizes the board of trustees to adopt a statement
that makes certain provisions regarding expected rates of return,
allocation goals, delegation of authority, and reports.  Requires the board
of trustees to review, modify and reaffirm any statement adopted under this
subsection.  Requires a professional investment manager appointed under
Subsection (b) to acknowledge the assumption of fiduciary responsibilities,
in writing.  Requires an investment manager to perform its responsibilities
with care in the manner that a prudent person would use in an activity of
similar character and in accordance with the documents governing the
delegation of responsibilities by the board of trustees. Provides that a
professional investment manager assuming fiduciary responsibilities is
considered to agree to be governed by the laws of this state and under the
jurisdiction of the courts of this state. Exempts professionals, agents,
and consultants selected by the retirement system from the requirements of
Chapters 2155, 2156, and 2254 that would be otherwise be applicable to the
retirement system. Deletes text requiring the comparison of certain assents
with other public funds.  Deletes text authorizing the objective to address
rates of return.  

SECTION 15. Amends the heading of Section 825.303, Government Code, as
follows: 

Sec. 825.303. New heading: SECURITIES CUSTODY AND SECURITIES LENDING

SECTION 16. Amends Section 825.303(a), Government Code, to authorize the
retirement system to select one or more commercial banks, depository trust
companies, or other entities to act independently of the custodian and lend
the securities under rules of the board of trustees and as required by this
section.      

SECTION 17. Amends Section 825.405(c), Government Code, to require
employers to monthly report to the retirement system on a certain form
regarding the total amount of salary paid and total amount of employer
contributions due, and retain certain information for each employee as
determined by the retirement system.  Deletes a provision regarding an
employer's form. 

SECTION 18. Amends Section 825.406(c), Government Code, to require
employers to monthly report in a certain form a certification of the total
amount of salary paid from federal funds and private grants and the total
amounts provided by the funds and grants for state contributions, and
requires employers to retain certain information.  Makes conforming
changes. 

SECTION 19. Amends Section 825.407(c), Government Code, to require certain
designated disbursing officers to submit a certification of the total
amount of salary paid from noneducational and general funds and the total
amount of employer contributions due under this section, and retain certain
information.  Deletes a provision regarding a certification of employer
contributions.  Makes  conforming changes. 

SECTION 20. Amends Section 825.408(a), Government Code, to require an
employing district to pay undocumented amounts if the district fails to
remit documentation of deposits required by this subchapter. 

SECTION 21. Amends Section 825.515, Government Code, to require the
retirement system to maintain records identifying types of positions held
by members.  Requires types of positions to be identified a certain way.
Deletes a provision regarding certain information as to records required to
be kept.  Deletes a provision regarding cooperation with the commissioner
of education.  Deletes a provision requiring the retirement system to
provide information to the commissioner of education. Makes conforming
changes. 

SECTION 22. Amends Sections 825.516(a) and (b), Government Code, to
authorize a retiree to request the retirement system to withhold certain
membership dues for a statewide association whose membership includes at
least five percent of all retirees of the retirement system.  Authorizes
the retirement system to make requested deductions until certain situations
arise.   

SECTION 23. Amends Section 16A(d), Article 3.50-4, Insurance Code, to
require employers to report a certification of the total amount of salary
paid from federal funds and private grants and the total amounts provided
by the funds and grants for state contributions for employees, and retain
the name of each employee, rather than the designation as active employee,
and other certain information.  Makes conforming changes. 

SECTION 24. Amends Chapter 3E, Insurance Code, by adding Article 3.50-4A,
as follows: 

ART. 3.50-4A. INSURANCE FOR SCHOOL DISTRICT EMPLOYEES AND RETIREES

Sec. 1. DEFINITIONS. Defines "employee," "retiree," and "trustee."  

Sec. 2. INSURANCE COVERAGE. Requires the retirement system to contract with
authorized life insurance carriers to offer employees and retirees optional
permanent life coverage. Requires the retirement system to contract with
carriers authorized to provide long-term health care insurance to offer
employees and retirees optional long-term coverage which is required to
cover home, community and institutional care.  Requires the retirement
system to contract with carriers authorized to provide disability insurance
to offer employees optional insurance against loss of salary because of
disability.  Subjects a contract under this section to competitive bidding.
Requires insurance coverage to be made available during certain periods. 

Sec. 3. ADMINISTRATION. Requires the retirement system to adopt rules for
the selection of contractors which are required to perform certain tasks
and account for certain premiums. Authorizes TRS to adopt rules necessary
for the administration of the program. 

Sec. 4. PARTICIPATION IN COVERAGE. Requires the retirement system to offer
coverages to employees through employers and to retirees through the
administration of the retirement system.  Provides that the full costs of
premiums are the responsibility of the enrollees.  Requires a participating
employee to pay premiums by payroll deduction in a manner provided by the
retirement system.  Requires a participating retiree to pay premiums by
deduction from monthly retirement annuity. 

Sec. 5. SCHOOL DISTRICT EMPLOYEES AND RETIREES OPTIONAL INSURANCE TRUST
FUND.  Provides that the school district employees and retirees optional
insurance trust fund  (fund) is created outside the state treasury to be
held by the Texas Treasury Safekeeping Trust Company and administered by
the retirement system.  Requires premiums, amounts recovered under
contracts, and investment and depository income to be credited to the fund.
Authorizes money in the fund to be used only for the certain purposes.
Authorizes the retirement system to invest the fund in a certain manner. 

SECTION 25. Amends Title 6A, Government Code, by adding Chapter 618, as
follows: 

CHAPTER 618. ANNUITIES OR INVESTMENTS FOR EDUCATIONAL EMPLOYEES
 
Sec. 618.001. DEFINITION. Defines "retirement system."

Sec. 618.002. ESTABLISHMENT OF PLAN. Requires the board of trustees to be
the trustee of a plan to be established under this chapter to offer
contributing members of the retirement system the opportunity to purchase
annuities or other investments authorized by Section 403(b) of the Internal
Revenue Code of 1986. 

Sec. 618.003. ADMINISTRATION OF PLAN. Requires the board of trustees to
contract with one or more persons to administer the plan.   

Sec. 618.004. SELECTION OF VENDORS AND PRODUCTS. Requires the board of
trustees to adopt rules for the selection of companies to provide
investment products under the plan. Requires the rules to provide for the
selection of vendors of a variety of investment products authorized under
Section 403(b) of the Internal Revenue Code of 1986.  Requires the board of
trustees to select vendors under the process it adopts by rule.  Provides
that a vendor or investment product having an ownership or financial
interest in a contractor selected by the retirement system to administer
the plan is not qualified to be selected.  Sets forth the required basis
for the board of trustees selection of vendors or investment products.
Authorizes the board of trustees to determine the minimum and maximum
number of vendors and investment products that may be offered under the
plan. 

Sec. 618.005. ELIGIBILITY AND ELECTION TO PARTICIPATE. Provides that a
contributing member of the retirement system is eligible to participate in
the plan.  Provides that participation is in addition to participation as a
contributing member of the retirement system. Authorizes a person eligible
to participate in the plan to elect to participate on a form prescribed by
and filed with the retirement system.  Requires a participant to execute a
salary reduction agreement under which contributions for the purchase of
investment products under the plan are deducted from the participant's
salary. 

Sec. 618.006. RULES. Authorizes the retirement system to adopt other rules
for the administration of the plan under this chapter.     

SECTION 26. Amends Sections 22.004(c) and (d), Education Code, to require
each district to report to the executive director of the retirement system
no later than March, rather than November 1 of each even-numbered year,
regarding the group health coverage plan in effect during the preceding
plan year, rather than on November 1.  Requires the executive director of
the retirement system to submit a report to the legislator no later than
September 1 of each even-numbered year, rather than January 1 of each
odd-numbered year. 

SECTION 27. Sets forth a formula for increases in monthly payments of a
death or retirement benefit annuity by the retirement system, including on
or after September 1, 1997, but before September 1,1998 to be 2 percent.
Requires the retirement system to increase each annuity payable by the
retirement system on September 1, 1999, other than an annuity under Section
824.304(a), 824.404, or 824.501, Government Code, by 10 percent, which is a
benefit equivalent to the benefit provided by using a 2.2 percent
multiplier for computing annuities. 

SECTION 28. Authorizes a certain person to replace the annuity by selecting
an optional annuity and designating a certain person as beneficiary before
September 1, 2000, if the person has married after the effective date of
this Act.  Authorizes a certain person who retired before September 1,
1992, to replace the annuity by selecting an optional annuity before
September 1, 2001.   Requires an optional annuity to be actuarially reduced
according to the ages of the retiree and the designated beneficiary at the
time the annuity is selected.  

SECTION 29. Effective date: September 1, 1999.

SECTION 30. Emergency clause.




 

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 822.201, Government Code, to set forth requirements for a
total compensation plan.  Deletes proposed amendment to Section 822.002(a). 

SECTION 2. 

Adds Chapter 823A, Government Code, to set forth guidelines for the
purchase of permissive service credit.  Deletes proposed Section 822.0025,
Government Code. 

SECTION 8.

Amends Sections 824.203(a) and (e), Government Code, to provide that the
standard service retirement annuity is computed on the basis of the
member's average annual compensation three years of service times 2.2
percent for each year of service credit in the retirement system whether
consecutive or not.  Deletes proposed amendment to Section 824.202,
Government Code. Makes a conforming change.   

SECTION 10.

Amends Section 824.502, Government Code, to authorize a designated
beneficiary of a disability retiree who has not selected an optional
annuity under Section 824.308 to select a benefit under Section 824.402.
Deletes proposed amendment to Section 824.304, Government Code.   

SECTION 12.

Amends Section 824.804(a), Government Code, to require the retirement
system to transfer monthly from the retired reserve account to an account
for the member in the deferred retirement option account an amount equal to
61 percent of the amount the member would have received that month under a
standard service retirement annuity if the member had retired under the
multiplier currently in effect.   Deletes proposed amendments to Sections
824.802(a), 824.804(a), and 824.805, Government Code. 

SECTION 13. 

Amends Section 825.103(a), Government Code, to authorize the board of
trustees to delegate responsibility, discretion, and authority to certain
persons, agencies, and entities in a certain manner.  Requires the board of
trustees to act in the best interest of the members and beneficiaries of
the retirement system in deciding whether and how to delegate
responsibility, discretion, and authority. 

SECTION 14.

Amends Section 825.301, Government Code, to define "securities."
Authorizes the board of trustees to contract with multiple professional
investment managers to assist the board of trustees in investing.  Sets
forth provisions regarding the appointment, use, and review of investment
managers by the retirement system. 

SECTION 15.

Amends the heading of Section 825.303, Government Code.

SECTION 16.

Amends Section 825.303(a), Government Code, to authorize the retirement
system to select one or more commercial banks, depository trust companies,
or other entities to act independently of the custodian and lend the
securities under rules of the board of trustees and as required by this
section.      

SECTION 25.

Amends Title 6A, Government Code, by adding Chapter 618, to set forth
guidelines for the establishment and administration of a plan to offer
contributing members of the retirement system the opportunity to purchase
annuities or other investments authorized by Section 403(b) of the Internal
Revenue Code of 1986. 

SECTION 27.

Sets forth a formula for increases in monthly payments of a death or
retirement benefit annuity by the retirement system, including on or after
September 1, 1997, but before September 1,1998 to be 2 percent.  Requires
the retirement system to increase each annuity payable by the retirement
system on September 1, 1999, other than an annuity under Section
824.304(a), 824.404, or 824.501, Government Code, by 10 percent, which is a
benefit equivalent to the benefit provided by using a 2.2 percent
multiplier for computing annuities. 

SECTION 28.

Requires an optional annuity to be actuarially reduced according to the
ages of the retiree and the designated beneficiary at the time the annuity
is selected.