By Junell H.B. No. 1734
76R5762 GCH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to retirement benefits payable for service as a district
1-3 or criminal district attorney or a county attorney performing the
1-4 duties of a district attorney.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 814, Government Code, is
1-7 amended by adding Section 814.1031 to read as follows:
1-8 Sec. 814.1031. SERVICE RETIREMENT BENEFITS FOR SERVICE AS
1-9 DISTRICT OR CRIMINAL DISTRICT ATTORNEY OR COUNTY ATTORNEY
1-10 PERFORMING DISTRICT ATTORNEY DUTIES. (a) Notwithstanding Section
1-11 814.103 and except as provided by Subsection (b), the standard
1-12 service retirement annuity for service performed as a district or
1-13 criminal district attorney or a county attorney performing the
1-14 duties of a district attorney is an amount equal to the number of
1-15 years of service credit in that position, multiplied by a
1-16 percentage of the state salary, as adjusted from time to time,
1-17 being paid a district judge. The percentage is derived from the
1-18 following schedule:
1-19 Amount of service Percentage
1-20 less than 12 years 2.25 percent
1-21 at least 12 but less than 16 years 2.5 percent
1-22 at least 16 but less than 20 years 2.75 percent
1-23 20 years or more 3.0 percent
1-24 (b) A standard service retirement annuity described by this
2-1 section may not exceed at any time 100 percent of the state salary
2-2 being paid a district judge.
2-3 SECTION 2. Section 812.002(a), Government Code, is amended
2-4 to read as follows:
2-5 (a) Membership in the elected class of the retirement system
2-6 is limited to:
2-7 (1) persons who hold state offices that are normally
2-8 filled by statewide election and that are not included in the
2-9 coverage of the Judicial Retirement System of Texas Plan One or the
2-10 Judicial Retirement System of Texas Plan Two;
2-11 (2) members of the legislature; and
2-12 (3) district and criminal district attorneys and
2-13 county attorneys performing the duties of a district attorney, to
2-14 the extent that they receive salaries from the state general
2-15 revenue fund.
2-16 SECTION 3. Section 814.108(a), Government Code, is amended
2-17 to read as follows:
2-18 (a) Instead of the standard service retirement annuity
2-19 payable under Section 814.103, 814.1031, or 814.105, the standard
2-20 combined service retirement annuity payable under Section 814.107,
2-21 or an annuity actuarially reduced because of age under Section
2-22 814.107, a retiring member may elect to receive an optional service
2-23 retirement annuity under this section.
2-24 SECTION 4. The Employees Retirement System of Texas shall
2-25 recompute each annuity that is being paid on August 31, 1999, and
2-26 that is based on the service of a district or criminal district
2-27 attorney or a county attorney performing the duties of a district
3-1 attorney, as if Section 814.1031, Government Code, as added by this
3-2 Act, had been in effect on the date of the retirement or death for
3-3 which the annuity is payable. An annuity as recomputed under this
3-4 section becomes payable on the first payment that becomes due on or
3-5 after the effective date of this Act.
3-6 SECTION 5. The change in law made by this Act to Section
3-7 812.002(a), Government Code, is intended to clarify the law in
3-8 effect and being administered immediately before the effective date
3-9 of this Act.
3-10 SECTION 6. This Act takes effect September 1, 1999.
3-11 SECTION 7. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.