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.