76R15699 E                          
         By Armbrister, et al.                                 S.B. No. 1128
         Substitute the following for S.B. No. 1128:
         By Greenberg                                      C.S.S.B. No. 1128
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to systems and programs administered by the Teacher
 1-3     Retirement System of Texas.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 822.201, Government Code, is amended by
 1-6     amending Subsection (b), as amended by Chapters 330 and 1035, Acts
 1-7     of the 75th Legislature, Regular Session, 1997, and adding
 1-8     Subsection (e) to read as follows:
 1-9           (b)  "Salary and wages" as used in Subsection (a) means:
1-10                 (1)  normal periodic payments of money for service the
1-11     right to which accrues on a regular basis in proportion to the
1-12     service performed;
1-13                 (2)  amounts by which the member's salary is reduced
1-14     under a salary reduction agreement authorized by Chapter 610;
1-15                 (3)  amounts that would otherwise qualify as salary and
1-16     wages under Subdivision (1) but are not received directly by the
1-17     member pursuant to a good faith, voluntary written salary reduction
1-18     agreement in order to finance payments to a deferred compensation
1-19     or tax sheltered annuity program specifically authorized by state
1-20     law or to finance benefit options under a cafeteria plan qualifying
1-21     under Section 125 of the Internal Revenue Code of 1986 (26 U.S.C.
1-22     Section 125), if:
1-23                       (A)  the program or benefit options are made
1-24     available to all employees of the employer; and
 2-1                       (B)  the benefit options in the cafeteria plan
 2-2     are limited to one or more options that provide deferred
 2-3     compensation, group health and disability insurance, group term
 2-4     life insurance, dependent care assistance programs, or group legal
 2-5     services plans; [and]
 2-6                 (4)  performance pay awarded to an employee by a school
 2-7     district as part of a total compensation plan approved by the board
 2-8     of trustees of the district and meeting the requirements of
 2-9     Subsection (e); and[.]
2-10                 (5) [(4)]  the benefit replacement pay a person earns
2-11     under Subchapter H, Chapter 659, as added by Chapter 417, Acts of
2-12     the 74th Legislature, 1995, except as provided by Subsection (c).
2-13           (e)  For purposes of Subsection (b)(4), a total compensation
2-14     plan must:
2-15                 (1)  describe all elements of compensation received by
2-16     or available to all employees of the employer;
2-17                 (2)  provide for the availability of at least one type
2-18     of performance pay to classroom teachers employed by the employer;
2-19                 (3)  identify each type of performance pay, the
2-20     performance criteria for each type of performance pay, and the
2-21     classes of employees eligible for each type of performance pay;
2-22                 (4)  contain sufficient information concerning the plan
2-23     to ascertain the amount of each qualifying employee's pay under the
2-24     plan;
2-25                 (5)  contain performance criteria for earning
2-26     performance pay that preclude the exercise of discretion for
2-27     awarding the pay on any basis other than an evaluation of employee
 3-1     or group performance or availability of funding; and
 3-2                 (6)  satisfy any other requirements adopted by the
 3-3     retirement system.
 3-4           SECTION 2.  Subchapter A, Chapter 823, Government Code, is
 3-5     amended by adding Section 823.006 to read as follows:
 3-6           Sec. 823.006.  PERMISSIVE SERVICE CREDIT RESTRICTIONS.  (a)
 3-7     In this section:
 3-8                 (1)  "Nonqualified service" means service for which
 3-9     permissive service credit is authorized by this subtitle, other
3-10     than:
3-11                       (A)  military service; and
3-12                       (B)  service for any agency or instrumentality of
3-13     this state, including a political subdivision of this state, or for
3-14     any public school supported by the United States or a state or
3-15     territory of the United States, if credit for the service would not
3-16     cause a person to receive a retirement benefit for the same service
3-17     from more than one retirement system or program.
3-18                 (2)  "Permissive service credit" means service credit:
3-19                       (A)  that is not membership credit authorized to
3-20     be reinstated;
3-21                       (B)  that is recognized under this subtitle for
3-22     purposes of computing a member's benefit under the retirement
3-23     system;
3-24                       (C)  for which the member has not received credit
3-25     with the retirement system; and
3-26                       (D)  that a member may receive only by making a
3-27     voluntary additional contribution in an amount determined as
 4-1     provided by this subtitle that does not exceed the amount necessary
 4-2     to fund the benefit attributable to the service credit.
 4-3           (b)  The purchase of permissive service credit by a person
 4-4     who first becomes a member of the retirement system after August
 4-5     31, 2000, is subject to the restrictions and conditions of
 4-6     Subsection (d) in addition to all other requirements of this
 4-7     subtitle applicable to the purchase.
 4-8           (c)  The purchase by any person of permissive service credit
 4-9     that was first made available under the retirement system after
4-10     December 31, 1997, is subject to the restrictions and conditions of
4-11     Subsection (d) in addition to all other requirements of this
4-12     subtitle applicable to the purchase.
4-13           (d)  Under a circumstance described by Subsection (b) or (c),
4-14     a member may not purchase more than five years of permissive
4-15     service credit for nonqualified service, and a member may not
4-16     purchase service credit for nonqualified service before the member
4-17     has at least five years of membership service credit.
4-18           SECTION 3.  Subchapter C, Chapter 823, Government Code, is
4-19     amended by adding Section 823.203 to read as follows:
4-20           Sec. 823.203.  MEMBERSHIP SERVICE FOR OPTIONAL RETIREMENT
4-21     PROGRAM.  A member may not establish service credit in the
4-22     retirement system for any period when the member was participating
4-23     in the optional retirement program under Chapter 830.
4-24           SECTION 4.  Section 823.401, Government Code, is amended by
4-25     adding Subsection (j) to read as follows:
4-26           (j)  The board of trustees may adopt rules providing for the
4-27     adoption of a reciprocal agreement with a state or territory of a
 5-1     member's previous employment for the payment for service credit
 5-2     established under this section through the transfer from the state
 5-3     or territory to the retirement system of contributions made on
 5-4     behalf of the member in the form of an eligible rollover
 5-5     distribution as provided by Section 401(a)(31), Internal Revenue
 5-6     Code of 1986, and its subsequent amendments.
 5-7           SECTION 5.  Sections 823.501(b) and (f), Government Code, are
 5-8     amended to read as follows:
 5-9           (b)  A person eligible to reinstate service credit under this
5-10     section is one who is a [contributing] member of the retirement
5-11     system at the time the service is reinstated.
5-12           (f)  A [contributing] member may have an account that was
5-13     terminated by absence from service reactivated by requesting the
5-14     reactivation in writing.  The beneficiary of a decedent who was a
5-15     [contributing] member at the time of death may have an account that
5-16     was terminated by the decedent's absence from service reactivated
5-17     by requesting the reactivation in writing before the first payment
5-18     of a death benefit.
5-19           SECTION 6.  Section 824.101(c), Government Code, is amended
5-20     to read as follows:
5-21           (c)  Only one person may be designated as beneficiary of an
5-22     optional retirement annuity under Section 824.204(c)(1), (c)(2), or
5-23     (c)(5), and a designation of beneficiary under any of those options
5-24     may not be made, changed, or revoked, except as provided by
5-25     Sections 824.1011, [and] 824.1012, and 824.1013, after the later of
5-26     the date on which the retirement system makes the first annuity
5-27     payment to the retiree or the date the first payment becomes due.
 6-1     For purposes of this section, the term "makes payment" includes the
 6-2     depositing in the mail of a payment warrant or the crediting of an
 6-3     account with payment through electronic funds transfer.
 6-4           SECTION 7.  Section 824.1011(a), Government Code, is amended
 6-5     to read as follows:
 6-6           (a)  A retiree who is receiving a standard service or
 6-7     disability retirement annuity under Section 824.203 or 824.304(b)
 6-8     and who marries after the date of the person's retirement may
 6-9     replace the annuity by selecting an optional retirement annuity
6-10     under Section 824.204(c)(1), (c)(2), or (c)(5) or under Section
6-11     824.308(c)(1), (c)(2), or (c)(5), as applicable, and designating
6-12     the person's spouse as beneficiary before the second [first]
6-13     anniversary of the marriage in the same manner as an annuity
6-14     selection and designation of beneficiary may be made before
6-15     retirement.
6-16           SECTION 8.  Section 824.1012, Government Code, as added by
6-17     Chapter 1416, Acts of the 75th Legislature, Regular Session, 1997,
6-18     is redesignated as Section 824.1013 to read as follows:
6-19           Sec. 824.1013 [824.1012].  CHANGE OF BENEFICIARY AFTER
6-20     RETIREMENT.  (a)  A retiree receiving an optional retirement
6-21     annuity under Section 824.204(c)(1), (c)(2), or (c)(5) or Section
6-22     824.308(c)(1), (c)(2), or (c)(5) may change the designated
6-23     beneficiary as provided by this section for the benefits payable
6-24     after the retiree's death under those sections.
6-25           (b)  If the beneficiary designated at the time of the
6-26     retiree's retirement is the spouse or former spouse of the retiree:
6-27                 (1)  the spouse or former spouse must give written,
 7-1     notarized consent to the change; or
 7-2                 (2)  a court with jurisdiction over the marriage must
 7-3     have ordered the change.
 7-4           (c)  A beneficiary designated under this section is entitled
 7-5     on the retiree's death to receive monthly payments of the
 7-6     survivor's portion of the retiree's optional retirement annuity for
 7-7     the shorter of:
 7-8                 (1)  the remainder of the life expectancy of the
 7-9     beneficiary designated as of the effective date of the retiree's
7-10     retirement; or
7-11                 (2)  the remainder of the new beneficiary's life.
7-12           (d)  A retiree may not change a beneficiary under this
7-13     section after retirement if the retiree has previously changed or
7-14     designated after retirement a beneficiary for optional retirement
7-15     annuity payments under this subtitle.
7-16           SECTION 9.  Sections 824.203(a) and (e), Government Code, are
7-17     amended to read as follows:
7-18           (a)  Except as provided by Subsections (c), (d), and (e), the
7-19     standard service retirement annuity is an amount computed on the
7-20     basis of the member's average annual compensation for the three
7-21     years of service, whether or not consecutive, in which the member
7-22     received the highest annual compensation, times 2.2 [two] percent
7-23     for each year of service credit in the retirement system.
7-24           (e)  The annual standard service retirement annuity for a
7-25     person who immediately before retirement holds a position as a
7-26     classroom teacher or full-time librarian, or the annual death
7-27     benefit annuity based on the service of a member who at the time of
 8-1     death held a position as a classroom teacher or full-time
 8-2     librarian, may not be less than an amount computed on the basis of
 8-3     the minimum annual salary provided by the Education Code for a
 8-4     classroom teacher or full-time librarian, multiplied by 2.2 [two]
 8-5     percent for each year of service credit in the retirement system.
 8-6           SECTION 10.  Subchapter C, Chapter 824, Government Code, is
 8-7     amended by adding Section 824.2045 to read as follows:
 8-8           Sec. 824.2045.  PARTIAL LUMP-SUM OPTION.  (a)  A member who
 8-9     is eligible for an unreduced service retirement annuity and is not
8-10     participating in the deferred retirement option plan under
8-11     Subchapter I may select a standard service retirement annuity or an
8-12     optional service retirement annuity described by Section 824.204,
8-13     together with a partial lump-sum distribution.
8-14           (b)  The amount of the lump-sum distribution under this
8-15     section may not exceed the sum of 36 months of a standard service
8-16     retirement annuity computed without regard to this section.
8-17           (c)  The service retirement annuity selected by the member
8-18     shall be actuarially reduced to reflect the lump-sum option
8-19     selected by the member and shall be actuarially equivalent to a
8-20     standard or optional service retirement annuity, as applicable,
8-21     without the partial lump-sum distribution.  The annuity and lump
8-22     sum shall be computed to result in no actuarial loss to the
8-23     retirement system.
8-24           (d)  The retiring member may choose a lump sum equal to 12
8-25     months of a standard service retirement annuity and payable at the
8-26     same time that the first monthly payment of the annuity is paid, a
8-27     lump sum equal to 24 months of a standard annuity and payable in
 9-1     one or two annual payments, or a lump sum equal to 36 months of a
 9-2     standard annuity and payable in one, two, or three annual payments.
 9-3     At the option of the member, a payment under this subsection may be
 9-4     made as provided by Section 825.509.
 9-5           (e)  The amount of the lump-sum distribution will be deducted
 9-6     from any amounts otherwise payable under Section 824.503.
 9-7           (f)  The partial lump-sum option under this section may be
 9-8     elected only once by a member and may not be elected by a retiree.
 9-9     A member retiring under the proportionate retirement program under
9-10     Chapter 803 is not eligible for the partial lump-sum option.
9-11           (g)  Before a retiring member selects a partial lump-sum
9-12     distribution under this section, the retirement system shall
9-13     provide a written notice to the member of the amount by which the
9-14     member's annuity will be reduced because of the selection.  The
9-15     member shall be asked to sign a copy of or receipt for the notice,
9-16     and the retirement system shall maintain the signed copy or
9-17     receipt.
9-18           (h)  The board of trustees may adopt rules for the
9-19     implementation of this section.
9-20           SECTION 11.  Section 824.502, Government Code, is amended to
9-21     read as follows:
9-22           Sec. 824.502.  BENEFITS ON DEATH OF DISABILITY RETIREE.  The
9-23     designated beneficiary of a disability retiree who retires before
9-24     September 1, 1992, who has not selected an optional annuity under
9-25     Section 824.308, and who dies while receiving a retirement benefit
9-26     may elect to receive, instead of survivor benefits provided by
9-27     Section 824.501, a benefit available under Section 824.402,
 10-1    computed as if the decedent had been in service at the time of
 10-2    death.
 10-3          SECTION 12.  Sections 824.602(a) and (d), Government Code,
 10-4    are amended to read as follows:
 10-5          (a)  Subject to Section 825.506, the [The] retirement system
 10-6    may not, under Section 824.601, withhold a monthly benefit payment
 10-7    if the retiree is employed in a Texas public educational
 10-8    institution:
 10-9                (1)  as a substitute only with pay not more than the
10-10    daily rate of substitute pay established by the employer and, if
10-11    the retiree is a disability retiree, the employment has not
10-12    exceeded a total of 90 days in the school year;
10-13                (2)  in a position, other than as a substitute, on no
10-14    more than a one-half time basis for the month;
10-15                (3)  in one or more positions on as much as a full-time
10-16    basis, if[:]
10-17                      [(A)]  the work occurs in not more than six
10-18    months of a school year that begins after the retiree's effective
10-19    date of retirement;
10-20                      [(B)  the work occurs in no more than six months
10-21    of the school year; and]
10-22                      [(C)  the retiree executes on a form and within
10-23    any deadline prescribed by the retirement system a written election
10-24    to have this exception apply for the school year in determining
10-25    whether benefits are to be suspended for employment after
10-26    retirement; or]
10-27                (4)  in a position, other than as a substitute, on no
 11-1    more than a one-half time basis for no more than 90 days in the
 11-2    school year, if the retiree is a disability retiree; or
 11-3                (5)  in a position as a classroom teacher on as much as
 11-4    a full-time basis, if the retiree has retired under Section
 11-5    824.202(a) without reduction for retirement at an early age, is
 11-6    certified under Subchapter B, Chapter 21, Education Code, to teach
 11-7    the subjects assigned, is teaching in an acute shortage area as
 11-8    defined by the commissioner of education, and has been separated
 11-9    from service with all public schools for at least 12 months.
11-10          (d)  A retiree to whom [who has elected to avoid loss of
11-11    monthly benefits in a school year pursuant to] Subsection (a)(3)
11-12    applies is not eligible during that school year for any other
11-13    exceptions to loss of benefits provided in this section.  If a
11-14    retiree is employed under [elects] the exemption provided in
11-15    Subsection (a)(3) for a school year, the retirement system must
11-16    include any previous employment during the school year, including
11-17    any employment that relied upon the exemptions in Subsection (a)(1)
11-18    or (a)(2), in determining whether and when the retiree has exceeded
11-19    six months of employment in the school year.
11-20          SECTION 13.  Sections 824.804(a) and (d), Government Code,
11-21    are amended to read as follows:
11-22          (a)  On the effective date of a member's participation in the
11-23    plan, the retirement system shall make the transfers required by
11-24    Section 825.309 to the retired reserve account as if the member had
11-25    retired on that date.  The retirement system shall transfer
11-26    monthly, during the period of the member's participation in the
11-27    plan, from the retired reserve account to an account for the member
 12-1    in the deferred retirement option account an amount equal to:
 12-2                (1)  60 percent of the amount the member would have
 12-3    received that month under a standard service retirement annuity if
 12-4    the member had retired under the multiplier currently in effect; or
 12-5                (2)  if the member began participation in the plan
 12-6    before September 1, 1999, 79 percent of the amount the member would
 12-7    have received that month under a standard service retirement
 12-8    annuity if the member had retired under the multiplier currently in
 12-9    effect [on the effective date of plan participation].
12-10          (d)  Payment of the benefit provided under the plan is in
12-11    addition to any annuity otherwise payable under this subtitle.  The
12-12    retiring member may choose a DROP payment in accordance with the
12-13    provisions of Section 825.509.
12-14          SECTION 14.  Section 824.805, Government Code, is amended to
12-15    read as follows:
12-16          Sec. 824.805.  TERMINATION OF PARTICIPATION IN PLAN.  (a)
12-17    Except as provided by Subsection (b), a [A] member terminates
12-18    participation in the plan by:
12-19                (1)  retirement;
12-20                (2)  death; or
12-21                (3)  expiration of the period for which participation
12-22    was approved.
12-23          (b)  A member participating in the plan on September 1, 1999,
12-24    may, before September 1, 2000, elect to discontinue participation
12-25    in the plan on a form prescribed by and filed with the retirement
12-26    system.  The retirement system shall make account transfers and
12-27    change records for a member who elects under this subsection to
 13-1    discontinue participation in the plan as if the member had never
 13-2    participated in the plan.
 13-3          SECTION 15.  The heading of Section 825.303, Government Code,
 13-4    is amended to read as follows:
 13-5          Sec. 825.303.  SECURITIES CUSTODY AND SECURITIES LENDING.
 13-6          SECTION 16.  Section 825.303(a), Government Code, is amended
 13-7    to read as follows:
 13-8          (a)  The retirement system may, in the exercise of its
 13-9    constitutional discretion to manage the assets of the retirement
13-10    system, select one or more commercial banks, depository trust
13-11    companies, or other entities to serve as custodian or custodians of
13-12    the system's securities and to lend the securities under rules
13-13    adopted by the board of trustees and as required by this section.
13-14    The retirement system may select one or more commercial banks,
13-15    depository trust companies, or other entities to act independently
13-16    of the custodian and lend the securities under board rules and as
13-17    required by this section.
13-18          SECTION 17.  Section 825.405(c), Government Code, is amended
13-19    to read as follows:
13-20          (c)  Monthly, employers shall:
13-21                (1)  report to the retirement system in a form
13-22    prescribed by the system a certification of the total amount of
13-23    salary paid above the statutory minimum salary and the total amount
13-24    of employer contributions due under this section for the payroll
13-25    period; and
13-26                (2)  retain information, as determined by the
13-27    retirement system, sufficient to allow administration of this
 14-1    section,  [The employer's form showing deductions and certification
 14-2    of earnings must provide the retirement system with information
 14-3    sufficient to administer this section, as determined by the
 14-4    system,] including information for each employee showing the
 14-5    applicable minimum salary as well as aggregate annual compensation.
 14-6          SECTION 18.  Section 825.406(c), Government Code, is amended
 14-7    to read as follows:
 14-8          (c)  Monthly, employers shall:
 14-9                (1)  report to the retirement system in a form
14-10    prescribed by the system a certification of the total amount of
14-11    salary paid from federal  funds and private grants and the total
14-12    amounts provided by the funds and grants for state contributions
14-13    for the employees; and
14-14                (2)  retain the following information:
14-15                      (A) [(1)]  the name of each employee paid in
14-16    whole or part from a grant;
14-17                      (B) [(2)]  the source of the grant;
14-18                      (C) [(3)]  the amount of the employee's salary
14-19    paid from the grant;
14-20                      (D) [(4)]  the amount of the money provided by
14-21    the grant for state contributions for the employee; and
14-22                      (E) [(5)]  any other information the retirement
14-23    system determines is necessary to enforce this section.
14-24          SECTION 19.  Section 825.407(c), Government Code, is amended
14-25    to read as follows:
14-26          (c)  The designated disbursing officer of each general
14-27    academic teaching institution and the designated disbursing officer
 15-1    of each medical and dental unit shall:
 15-2                (1)  submit to the retirement system, at a time and in
 15-3    the manner prescribed by the retirement system, a monthly report
 15-4    containing a certification of the total amount of salary paid from
 15-5    noneducational and general funds and the total amount of employer
 15-6    contributions due under this section for the payroll period; and
 15-7                (2)  maintain and retain the following information:
 15-8                      (A) [(1)]  the name of each member employed by
 15-9    the institution or unit who, for the most recent payroll period,
15-10    was paid wholly or partly from noneducational and general funds;
15-11                      (B) [(2)]  the amount of the employee's salary
15-12    for the most recent payroll period that was paid from
15-13    noneducational and general funds;
15-14                [(3)  a certification of the total amount of employer
15-15    contributions due under this section for the payroll period;]  and
15-16                      (C) [(4)]  any other information the retirement
15-17    system determines is necessary to administer this section.
15-18          SECTION 20.  Section 825.408(a), Government Code, is amended
15-19    to read as follows:
15-20          (a)  An employing district that fails to remit, before the
15-21    11th day after the last day of a month, all member and employer
15-22    deposits and documentation of the deposits required by this
15-23    subchapter to be remitted by the district for the month shall pay
15-24    to the retirement system, in addition to the deposits, interest on
15-25    the unpaid or undocumented amounts at an annual rate compounded
15-26    monthly.  The rate of interest is the rate established under
15-27    Section 825.313(b)(2), plus two percent. Interest required under
 16-1    this section is creditable to the interest account.
 16-2          SECTION 21.  Section 825.515, Government Code, is amended to
 16-3    read as follows:
 16-4          Sec. 825.515.  INFORMATION ABOUT MEMBER POSITIONS.  (a)  At
 16-5    least annually, the [The] retirement system shall acquire and
 16-6    maintain records identifying members and the types of positions
 16-7    they hold [have  held] as members[, the length of service in each
 16-8    type of position, and whether service in each type of position is
 16-9    or was as a full-time employee].  The type of position shall be
16-10    identified as Administrative/Professional, Teacher/Full-Time
16-11    Librarian, Support, or Bus Driver.  [The retirement system shall
16-12    cooperate with the commissioner of education in maintaining
16-13    information about the employment status of members of the
16-14    retirement system.]
16-15          (b)  [Each school year, the retirement system shall provide
16-16    to the commissioner of education information, of a type and in a
16-17    form determined by the commissioner, that allows contributing
16-18    members of the retirement system to be identified in information
16-19    submitted to the commissioner by school districts under the
16-20    Education Code.]
16-21          [(c)]  Information contained in records of the retirement
16-22    system maintained under this section is confidential within the
16-23    limits prescribed by Section 825.507.
16-24          SECTION 22.  Sections 825.516(a) and (b), Government Code,
16-25    are amended to read as follows:
16-26          (a)  A retiree who is receiving an annuity from the
16-27    retirement system may request the system to withhold from the
 17-1    retiree's monthly annuity payment membership dues for a nonprofit
 17-2    association of retired school employees in this state, if the
 17-3    association is statewide and its membership includes at least five
 17-4    percent of all retirees of the retirement system.  The request for
 17-5    withholding must be on a form provided by the retirement system.
 17-6          (b)  After the retirement system receives a request
 17-7    authorized by this section, the system may [shall] make the
 17-8    requested deductions until the earlier of:
 17-9                (1)  the date the annuity is terminated; or
17-10                (2)  the first payment of the annuity after the date
17-11    the system receives a written request signed by the retiree
17-12    canceling the request for the withholding.
17-13          SECTION 23.  Section 16A(d), Article 3.50-4, Insurance Code,
17-14    is amended to read as follows:
17-15          (d)  Monthly, employers shall:
17-16                (1)  report to the trustee in a form prescribed by the
17-17    trustee a certification of the total amount of salary paid from
17-18    federal funds and  private grants and the total amounts provided by
17-19    the funds and grants for state contributions for the employees; and
17-20                (2)  maintain and retain the following information:
17-21                      (A) [(1)]  the name of each [active] employee
17-22    paid in whole or part from a grant;
17-23                      (B) [(2)]  the source of the grant;
17-24                      (C) [(3)]  the amount of the [active] employee's
17-25    salary paid from the grant;
17-26                      (D) [(4)]  the amount of the money provided by
17-27    the grant for state contributions for the [active] employee; and
 18-1                      (E) [(5)]  any other information the trustee
 18-2    determines is necessary to enforce this section.
 18-3          SECTION 24.  Subchapter E, Chapter 3, Insurance Code, is
 18-4    amended by adding Article 3.50-4A to read as follows:
 18-5          Art. 3.50-4A.  INSURANCE FOR SCHOOL DISTRICT EMPLOYEES AND
 18-6    RETIREES
 18-7          Sec. 1.  DEFINITIONS.  In this article:
 18-8                (1)  "Employee" means a person who is a participating
 18-9    member of the Teacher Retirement System of Texas and is not
18-10    participating in a group insurance program under the Texas
18-11    Employees Uniform Group Insurance Benefits Act (Article 3.50-2,
18-12    Vernon's Texas Insurance Code) or the Texas State College and
18-13    University Employees Uniform Insurance Benefits Act (Article
18-14    3.50-3, Vernon's Texas Insurance Code).
18-15                (2)  "Retiree" means a person who:
18-16                      (A)  has retired under the Teacher Retirement
18-17    System of Texas with at least 10 years of credit for service in
18-18    public schools of this state or has retired under that system for
18-19    disability and is entitled to receive an annuity from the system
18-20    based on the person's service; and
18-21                      (B)  is not eligible to participate in the group
18-22    insurance program provided under the Texas Employees Uniform Group
18-23    Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
18-24    Code) or the Texas State College and University Employees Uniform
18-25    Insurance Benefits Act (Article 3.50-3, Vernon's Texas Insurance
18-26    Code).
18-27                (3)  "Trustee" means the Teacher Retirement System of
 19-1    Texas.
 19-2          Sec. 2.  INSURANCE COVERAGE.  (a)  The trustee shall contract
 19-3    with one or more carriers authorized to provide life insurance in
 19-4    this state to offer employees and retirees optional permanent life
 19-5    insurance coverage.
 19-6          (b)  The trustee shall contract with one or more carriers
 19-7    authorized to provide long-term care insurance in this state to
 19-8    offer employees and retirees optional long-term care insurance
 19-9    coverage.  The long-term care insurance coverage shall include
19-10    home, community, and institutional care.
19-11          (c)  The trustee shall contract with one or more carriers
19-12    authorized to provide disability insurance in this state to offer
19-13    employees optional insurance against short-term or long-term loss
19-14    of salary because of disability.
19-15          (d)  In contracting for any benefits under this article,
19-16    competitive bidding shall be required under rules adopted by the
19-17    trustee.  The rules may provide criteria to determine qualified
19-18    carriers.  The trustee is not required to select the lowest bid but
19-19    also may consider ability to service contracts, past experiences,
19-20    financial stability, and other relevant criteria.  If the trustee
19-21    awards a contract to an entity whose bid deviates from that
19-22    advertised, the deviation shall be recorded and the reasons for the
19-23    deviation shall be fully justified in the minutes of the next
19-24    meeting of the trustee.
19-25          (e)  Insurance coverage provided under this section shall be
19-26    made available periodically during open enrollment periods
19-27    determined by the trustee.
 20-1          Sec. 3.  ADMINISTRATION.  (a)  The trustee shall adopt rules
 20-2    for the selection of contractors under this article.  The rules
 20-3    must require the contractors to administer enrollment, adjudication
 20-4    of claims, and coordination of services under the insurance
 20-5    coverages and require the contractors to account for premiums
 20-6    collected and disbursed under the coverages.
 20-7          (b)  The trustee may adopt other rules necessary to
 20-8    administer the program provided under this article.
 20-9          Sec. 4.  PARTICIPATION IN COVERAGE.  (a)  The trustee shall
20-10    offer the coverages provided under this article to employees
20-11    through their employers and to retirees through the trustee's
20-12    administration of the retirement system.
20-13          (b)  The full cost of premiums in a plan of insurance
20-14    coverage provided under this article is the responsibility of the
20-15    enrollees.
20-16          (c)  An employee participating in a plan of insurance
20-17    coverage provided under this article shall pay premiums by payroll
20-18    deduction remitted by the employee's employer at the times and in
20-19    the manner provided by the trustee.
20-20          (d)  A retiree participating in a plan of insurance coverage
20-21    provided under this article shall pay premiums by deduction from
20-22    the retiree's monthly retirement annuity.
20-23          Sec. 5.  SCHOOL DISTRICT EMPLOYEES AND RETIREES OPTIONAL
20-24    INSURANCE TRUST FUND.  (a)  The school district employees and
20-25    retirees optional insurance trust fund is created as a trust fund
20-26    with the comptroller and shall be administered by the trustee on
20-27    behalf of the participants in the plans of insurance coverage
 21-1    provided under this article.
 21-2          (b)  Premiums paid by enrollees, amounts recovered under
 21-3    contracts for the implementation of the program provided by this
 21-4    article, and investment and depository income of the fund shall be
 21-5    credited to the fund.
 21-6          (c)  Money in the fund may be used only for the purpose of
 21-7    providing the program of insurance coverage provided under this
 21-8    article, including the expenses of administering the program.
 21-9          (d)  The trustee may invest the fund in the manner provided
21-10    by Section 67(a)(3), Article XVI, Texas Constitution.
21-11          SECTION 25.  Sections 22.004(c) and (d), Education Code, are
21-12    amended to read as follows:
21-13          (c)  Each district shall report the district's compliance
21-14    with this subsection to the executive director of the Teacher
21-15    Retirement System of Texas not later than March [November] 1 of
21-16    each even-numbered year in the manner required by the board of
21-17    trustees of the Teacher Retirement System of Texas.  The report
21-18    must be based on the district group health coverage plan in effect
21-19    during the current plan year [on November 1] and must include:
21-20                (1)  appropriate documentation of:
21-21                      (A)  the district's contract for group health
21-22    coverage with a provider licensed to do business in this state by
21-23    the Texas Department of Insurance or a risk pool authorized under
21-24    Chapter 172, Local Government Code; or
21-25                      (B)  a resolution of the board of trustees of the
21-26    district authorizing a self-insurance plan for district employees
21-27    and of the district's review of district ability to cover the
 22-1    liability assumed;
 22-2                (2)  the schedule of benefits;
 22-3                (3)  the premium rate sheet, including the amount paid
 22-4    by the district and employee;
 22-5                (4)  the number of employees covered by each health
 22-6    coverage plan offered by the district; and
 22-7                (5)  any other information considered appropriate by
 22-8    the executive director of the Teacher Retirement System of Texas.
 22-9          (d)  Based on the criteria prescribed by Subsection (a), the
22-10    executive director of the Teacher Retirement System of Texas shall
22-11    certify whether a district's coverage is comparable to the basic
22-12    health coverage provided under the Texas Employees Uniform Group
22-13    Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
22-14    Code).  If the executive director of the Teacher Retirement System
22-15    of Texas determines that the group health coverage offered by a
22-16    district is not comparable, the executive director shall report
22-17    that information to the district and to the Legislative Budget
22-18    Board.  The executive director shall submit a report to the
22-19    legislature not later than September [January] 1 of each
22-20    even-numbered [odd numbered] year describing the status of each
22-21    district's group health coverage program based on the information
22-22    contained in the report required by Subsection (c) and the
22-23    certification required by this subsection.
22-24          SECTION 26.  (a)  Monthly payments of a death or retirement
22-25    benefit annuity by the Teacher Retirement System of Texas are
22-26    increased beginning with the payment due at the end of September
22-27    1999.
 23-1          (b)  The increase does not apply to payments under Section
 23-2    824.304(a), 824.404, or 824.501, Government Code.
 23-3          (c)  Except as provided by Subsection (d) of this section,
 23-4    the amount of the monthly increase is computed by multiplying the
 23-5    previous monthly benefit by a percentage determined in accordance
 23-6    with the following table:
 23-7    LATEST RETIREMENT DATE OR,
 23-8    IF APPLICABLE, DATE OF DEATH                               INCREASE
 23-9    Before September 1, 1973                                         5%
23-10    On or after September 1, 1973, but before September 1, 1974      6%
23-11    On or after September 1, 1974, but before September 1, 1979      5%
23-12    On or after September 1, 1979, but before September 1, 1981      6%
23-13    On or after September 1, 1981, but before September 1, 1982      7%
23-14    On or after September 1, 1982, but before September 1, 1983      6%
23-15    On or after September 1, 1983, but before September 1, 1990      7%
23-16    On or after September 1, 1990, but before September 1, 1991      6%
23-17    On or after September 1, 1991, but before September 1, 1992      7%
23-18    On or after September 1, 1992, but before September 1, 1995      6%
23-19    On or after September 1, 1995, but before September 1, 1997      5%
23-20    On or after September 1, 1997, but before September 1, 1998      2%
23-21          (d)  After making the computations required by Subsection (c)
23-22    of this section, the retirement system shall increase each annuity
23-23    payable by the system on September 1, 1999, other than an annuity
23-24    under Section 824.304(a), 824.404, or 824.501, Government Code, by
23-25    10 percent, which is a benefit equivalent to the benefit provided
23-26    by using a 2.2 percent multiplier for computing annuities.
23-27          SECTION 27.  (a)  Notwithstanding Section 824.1011,
 24-1    Government Code, as amended by this Act, a person who is receiving
 24-2    a standard service or disability retirement annuity under Section
 24-3    824.203 or 824.304(b), Government Code, on the effective date of
 24-4    this Act and who married after retirement but before that date may,
 24-5    before September 1, 2000, replace the annuity by selecting an
 24-6    optional annuity and designating the person's spouse as beneficiary
 24-7    as if the person had married after the effective date of this Act.
 24-8          (b)  Notwithstanding Section 824.1011, Government Code, as
 24-9    amended by this Act, a person who retired before September 1, 1992,
24-10    and is receiving a standard disability retirement annuity under
24-11    Section 824.304(b), Government Code, on the effective date of this
24-12    Act may before September 1, 2001, replace the annuity by selecting
24-13    an optional annuity described by Section 824.308, Government Code.
24-14    An optional annuity  selected under this subsection shall be
24-15    actuarially reduced according to the ages of the retiree and the
24-16    designated beneficiary at the time the annuity is selected.
24-17          SECTION 28.  This Act takes effect September 1, 1999, except
24-18    Section 12, which takes effect at the beginning of the 1999-2000
24-19    school year.
24-20          SECTION 29.  The importance of this legislation and the
24-21    crowded condition of the calendars in both houses create an
24-22    emergency and an imperative public necessity that the
24-23    constitutional rule requiring bills to be read on three several
24-24    days in each house be suspended, and this rule is hereby suspended,
24-25    and that this Act take effect and be in force according to its
24-26    terms, and it is so enacted.