By Hochberg H.B. No. 264 76R1136 GCH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to a change of beneficiary by a retiree of the Employees 1-3 Retirement System of Texas. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter A, Chapter 814, Government Code, is 1-6 amended by adding Section 814.008 to read as follows: 1-7 Sec. 814.008. CHANGE OF BENEFICIARY AFTER RETIREMENT. (a) 1-8 A retiree receiving an optional service or disability retirement 1-9 annuity approved by the board of trustees or described by Section 1-10 814.108(c)(1) or (c)(2) may change the designated beneficiary as 1-11 provided by this section for the benefits payable after the 1-12 retiree's death. 1-13 (b) If the beneficiary designated at the time of the 1-14 retiree's retirement is the spouse or former spouse of the retiree: 1-15 (1) the spouse or former spouse must give written, 1-16 notarized consent to the change; or 1-17 (2) a court with jurisdiction over the marriage must 1-18 have ordered the change. 1-19 (c) A beneficiary designated under this section is entitled 1-20 on the retiree's death to receive monthly payments of the 1-21 survivor's portion of the retiree's optional retirement annuity for 1-22 the shorter of: 1-23 (1) the remainder of the life expectancy of the 1-24 beneficiary designated as of the effective date of the retiree's 2-1 retirement; or 2-2 (2) the remainder of the new beneficiary's life. 2-3 (d) A retiree may not change a beneficiary under this 2-4 section after retirement if the retiree has previously changed 2-5 after retirement a beneficiary for optional retirement annuity 2-6 payments under this subtitle. 2-7 SECTION 2. Section 814.108(g), Government Code, is amended 2-8 to read as follows: 2-9 (g) Except as provided by Section 814.008 or 814.1081, a 2-10 person who selected an optional service retirement annuity approved 2-11 by the board of trustees or an optional service retirement annuity 2-12 described by Subsection (c)(1) or (c)(2) may not change or revoke a 2-13 beneficiary designation after the person's effective date of 2-14 retirement. 2-15 SECTION 3. The importance of this legislation and the 2-16 crowded condition of the calendars in both houses create an 2-17 emergency and an imperative public necessity that the 2-18 constitutional rule requiring bills to be read on three several 2-19 days in each house be suspended, and this rule is hereby suspended, 2-20 and that this Act take effect and be in force from and after its 2-21 passage, and it is so enacted.