SRC-JBJ S.B. 1144 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1144
76R5762 GCH-FBy: Fraser
State Affairs
4/19/1999
As Filed


DIGEST 

Currently, an elected prosecutor contributes 6 percent of his or her gross
salary each month to a retirement account.  A participant in the retirement
system with at least 12 years service credit is allowed to retire at age 50
or 60 with at least eight years of service credit.  Although a judge
contributes the same amount of salary, upon retirement, a district judge
can receive nearly 50 percent greater benefits than an equally tenured
prosecutor.  A change in the multiplier computing the annuity will bring
parity for district attorney benefits compared to those received by a judge
with similar years of service credit.  S.B. 1114 would amend the existing
law to change the multiplier used in calculating state-paid prosecutor
retirement benefits to a graduated scale.   

PURPOSE

As proposed, S.B. 1144 provides a formula to calculate the amount of a
standard service retirement annuity for a district or criminal district
attorney. 

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 Chapter 814B, 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.  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, as adjusted from time to time, being paid a
district judge.  Sets forth a schedule to derive the percentage.   

SECTION 2.  Amends Section 812.002(a), Government Code, to include county
attorneys performing the duties of a district attorney as a member in the
elected class of a certain retirement system. 

SECTION 3.  Amends Section 814.108(a), Government Code, to provide that
certain annuities may elect to receive an optional annuity, instead of the
standard annuity payable under Section 814.1031. 

SECTION 4.  Requires the Employees Retirement System of Texas to recompute
each annuity being paid on August 31, 1999, and based on the service of a
district or criminal district attorney or a country attorney performing the
duties of a district attorney, as if Section 814.1031, Government Code, had
been in effect on the date of the retirement or death for which the annuity
is payable.  Makes application of this section prospective. 

SECTION 5.  Makes application of this Act prospective.

SECTION 6.Effective date: September 1, 1999.

SECTION 7.Emergency clause.