1-1     By:  Armbrister, Barrientos, Bernsen                  S.B. No. 1128
 1-2           (In the Senate - Filed March 10, 1999; March 11, 1999, read
 1-3     first time and referred to Committee on State Affairs;
 1-4     April 20, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 9, Nays 0; April 20, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1128               By:  Shapleigh
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to systems and programs administered by the Teacher
1-11     Retirement System of Texas.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 822.201, Government Code, is amended by
1-14     amending Subsection (b), as amended by Chapters 330 and 1035, Acts
1-15     of the 75th Legislature, Regular Session, 1997, and adding
1-16     Subsection (e) to read as follows:
1-17           (b)  "Salary and wages" as used in Subsection (a) means:
1-18                 (1)  normal periodic payments of money for service the
1-19     right to which accrues on a regular basis in proportion to the
1-20     service performed;
1-21                 (2)  amounts by which the member's salary is reduced
1-22     under a salary reduction agreement authorized by Chapter 610;
1-23                 (3)  amounts that would otherwise qualify as salary and
1-24     wages under Subdivision (1) but are not received directly by the
1-25     member pursuant to a good faith, voluntary written salary reduction
1-26     agreement in order to finance payments to a deferred compensation
1-27     or tax sheltered annuity program specifically authorized by state
1-28     law or to finance benefit options under a cafeteria plan qualifying
1-29     under Section 125 of the Internal Revenue Code of 1986 (26 U.S.C.
1-30     Section 125), if:
1-31                       (A)  the program or benefit options are made
1-32     available to all employees of the employer; and
1-33                       (B)  the benefit options in the cafeteria plan
1-34     are limited to one or more options that provide deferred
1-35     compensation, group health and disability insurance, group term
1-36     life insurance, dependent care assistance programs, or group legal
1-37     services plans; [and]
1-38                 (4)  performance pay awarded to an employee by a school
1-39     district as part of a total compensation plan approved by the board
1-40     of trustees of the district and meeting the requirements of
1-41     Subsection (e); and[.]
1-42                 (5) [(4)]  the benefit replacement pay a person earns
1-43     under Subchapter H, Chapter 659, as added by Chapter 417, Acts of
1-44     the 74th Legislature, 1995, except as provided by Subsection (c).
1-45           (e)  For purposes of Subsection (b)(4), a total compensation
1-46     plan must:
1-47                 (1)  describe all elements of compensation received by
1-48     all employees of the employer;
1-49                 (2)  provide at least one type of performance pay to
1-50     classroom teachers employed by the employer;
1-51                 (3)  identify each type of performance pay, the
1-52     performance criteria for each type of performance pay, and the
1-53     classes of employees eligible for each type of performance pay;
1-54                 (4)  contain sufficient information concerning the plan
1-55     to ascertain the amount of each qualifying employee's pay under the
1-56     plan;
1-57                 (5)  contain performance criteria for earning
1-58     performance pay that preclude the exercise of discretion for
1-59     awarding the pay on any basis other than an evaluation of employee
1-60     or group performance or availability of funding; and
1-61                 (6)  satisfy any other requirements adopted by the
1-62     retirement system.
1-63           SECTION 2.  Subchapter A, Chapter 823, Government Code, is
1-64     amended by adding Section 823.006 to read as follows:
 2-1           Sec. 823.006.  PERMISSIVE SERVICE CREDIT RESTRICTIONS.
 2-2     (a)  In this section:
 2-3                 (1)  "Nonqualified service" means service for which
 2-4     permissive service credit is authorized by this subtitle, other
 2-5     than:
 2-6                       (A)  military service; and
 2-7                       (B)  service for any agency or instrumentality of
 2-8     this state, including a political subdivision of this state, or for
 2-9     any public school supported by the United States or a state or
2-10     territory of the United States, if credit for the service would not
2-11     cause a person to receive a retirement benefit for the same service
2-12     from more than one retirement system or program.
2-13                 (2)  "Permissive service credit" means service credit:
2-14                       (A)  that is not membership credit authorized to
2-15     be reinstated;
2-16                       (B)  that is recognized under this subtitle for
2-17     purposes of computing a member's benefit under the retirement
2-18     system;
2-19                       (C)  for which the member has not received credit
2-20     with the retirement system; and
2-21                       (D)  that a member may receive only by making a
2-22     voluntary additional contribution in an amount determined as
2-23     provided by this subtitle that does not exceed the amount necessary
2-24     to fund the benefit attributable to the service credit.
2-25           (b)  The purchase of permissive service credit by a person
2-26     who first becomes a member of the retirement system after August
2-27     31, 2000, is subject to the restrictions and conditions of
2-28     Subsection (d) in addition to all other requirements of this
2-29     subtitle applicable to the purchase.
2-30           (c)  The purchase by any person of permissive service credit
2-31     that was first made available under the retirement system after
2-32     December 31, 1997, is subject to the restrictions and conditions of
2-33     Subsection (d) in addition to all other requirements of this
2-34     subtitle applicable to the purchase.
2-35           (d)  Under a circumstance described by Subsection (b) or (c),
2-36     a member may not purchase more than five years of permissive
2-37     service credit for nonqualified service, and a member may not
2-38     purchase service credit for nonqualified service before the member
2-39     has at least five years of membership service credit.
2-40           SECTION 3.  Subchapter C, Chapter 823, Government Code, is
2-41     amended by adding Section 823.203 to read as follows:
2-42           Sec. 823.203.  MEMBERSHIP SERVICE FOR OPTIONAL RETIREMENT
2-43     PROGRAM.  A member may not establish service credit in the
2-44     retirement system for any period when the member was participating
2-45     in the optional retirement program under Chapter 830.
2-46           SECTION 4.  Subsections (b) and (f), Section 823.501,
2-47     Government Code, are amended to read as follows:
2-48           (b)  A person eligible to reinstate service credit under this
2-49     section is one who is a [contributing] member of the retirement
2-50     system at the time the service is reinstated.
2-51           (f)  A [contributing] member may have an account that was
2-52     terminated by absence from service reactivated by requesting the
2-53     reactivation in writing.  The beneficiary of a decedent who was a
2-54     [contributing] member at the time of death may have an account that
2-55     was terminated by the decedent's absence from service reactivated
2-56     by requesting the reactivation in writing before the first payment
2-57     of a death benefit.
2-58           SECTION 5.  Subsection (c), Section 824.101, Government Code,
2-59     is amended to read as follows:
2-60           (c)  Only one person may be designated as beneficiary of an
2-61     optional retirement annuity under Section 824.204(c)(1), (c)(2), or
2-62     (c)(5), and a designation of beneficiary under any of those options
2-63     may not be made, changed, or revoked, except as provided by
2-64     Sections 824.1011, [and] 824.1012, and 824.1013, after the later of
2-65     the date on which the retirement system makes the first annuity
2-66     payment to the retiree or the date the first payment becomes due.
2-67     For purposes of this section, the term "makes payment" includes the
2-68     depositing in the mail of a payment warrant or the crediting of an
2-69     account with payment through electronic funds transfer.
 3-1           SECTION 6.  Subsection (a), Section 824.1011, Government
 3-2     Code, is amended to read as follows:
 3-3           (a)  A retiree who is receiving a standard service or
 3-4     disability retirement annuity under Section 824.203 or 824.304(b)
 3-5     and who marries after the date of the person's retirement may
 3-6     replace the annuity by selecting an optional retirement annuity
 3-7     under Section 824.204(c)(1), (c)(2), or (c)(5) or under Section
 3-8     824.308(c)(1), (c)(2), or (c)(5), as applicable, and designating
 3-9     the person's spouse as beneficiary before the second [first]
3-10     anniversary of the marriage in the same manner as an annuity
3-11     selection and designation of beneficiary may be made before
3-12     retirement.
3-13           SECTION 7.  Section 824.1012, Government Code, as added by
3-14     Chapter 1416, Acts of the 75th Legislature, Regular Session, 1997,
3-15     is redesignated as Section 824.1013 to read as follows:
3-16           Sec. 824.1013 [824.1012].  CHANGE OF BENEFICIARY AFTER
3-17     RETIREMENT.  (a)  A retiree receiving an optional retirement
3-18     annuity under Section 824.204(c)(1), (c)(2), or (c)(5) or Section
3-19     824.308(c)(1), (c)(2), or (c)(5) may change the designated
3-20     beneficiary as provided by this section for the benefits payable
3-21     after the retiree's death under those sections.
3-22           (b)  If the beneficiary designated at the time of the
3-23     retiree's retirement is the spouse or former spouse of the retiree:
3-24                 (1)  the spouse or former spouse must give written,
3-25     notarized consent to the change; or
3-26                 (2)  a court with jurisdiction over the marriage must
3-27     have ordered the change.
3-28           (c)  A beneficiary designated under this section is entitled
3-29     on the retiree's death to receive monthly payments of the
3-30     survivor's portion of the retiree's optional retirement annuity for
3-31     the shorter of:
3-32                 (1)  the remainder of the life expectancy of the
3-33     beneficiary designated as of the effective date of the retiree's
3-34     retirement; or
3-35                 (2)  the remainder of the new beneficiary's life.
3-36           (d)  A retiree may not change a beneficiary under this
3-37     section after retirement if the retiree has previously changed or
3-38     designated after retirement a beneficiary for optional retirement
3-39     annuity payments under this subtitle.
3-40           SECTION 8.  Subsections (a) and (e), Section 824.203,
3-41     Government Code, are amended to read as follows:
3-42           (a)  Except as provided by Subsections (c), (d), and (e), the
3-43     standard service retirement annuity is an amount computed on the
3-44     basis of the member's average annual compensation for the three
3-45     years of service, whether or not consecutive, in which the member
3-46     received the highest annual compensation, times 2.2 [two] percent
3-47     for each year of service credit in the retirement system.
3-48           (e)  The annual standard service retirement annuity for a
3-49     person who immediately before retirement holds a position as a
3-50     classroom teacher or full-time librarian, or the annual death
3-51     benefit annuity based on the service of a member who at the time of
3-52     death held a position as a classroom teacher or full-time
3-53     librarian, may not be less than an amount computed on the basis of
3-54     the minimum annual salary provided by the Education Code for a
3-55     classroom teacher or full-time librarian, multiplied by 2.2 [two]
3-56     percent for each year of service credit in the retirement system.
3-57           SECTION 9.  Subchapter C, Chapter 824, Government Code, is
3-58     amended by adding Section 824.2045 to read as follows:
3-59           Sec. 824.2045.  PARTIAL LUMP-SUM OPTION.  (a)  A member who
3-60     is eligible for an unreduced service retirement annuity and is not
3-61     participating in the deferred retirement option plan under
3-62     Subchapter I may select a standard service retirement annuity or an
3-63     optional service retirement annuity described by Section 824.204,
3-64     together with a partial lump-sum distribution.
3-65           (b)  The amount of the lump-sum distribution under this
3-66     section may not exceed the sum of 36 months of a standard service
3-67     retirement annuity computed without regard to this section.
3-68           (c)  The service retirement annuity selected by the member
3-69     shall be actuarially reduced to reflect the lump-sum option
 4-1     selected by the member and shall be actuarially equivalent to a
 4-2     standard or optional service retirement annuity, as applicable,
 4-3     without the partial lump-sum distribution.  The annuity and lump
 4-4     sum shall be computed to result in no actuarial loss to the
 4-5     retirement system.
 4-6           (d)  The retiring member may choose a lump sum equal to 12
 4-7     months of a standard service retirement annuity and payable at the
 4-8     same time that the first monthly payment of the annuity is paid, a
 4-9     lump sum equal to 24 months of a standard annuity and payable in
4-10     one or two annual payments, or a lump sum equal to 36 months of a
4-11     standard annuity and payable in one, two, or three annual payments.
4-12           (e)  The amount of the lump-sum distribution will be deducted
4-13     from any amounts otherwise payable under Section 824.503.
4-14           (f)  The partial lump-sum option under this section may be
4-15     elected only once by a member and may not be elected by a retiree.
4-16     A member retiring under the proportionate retirement program under
4-17     Chapter 803 is not eligible for the partial lump-sum option.
4-18           (g)  The board of trustees may adopt rules for the
4-19     implementation of this section.
4-20           SECTION 10.  Section 824.502, Government Code, is amended to
4-21     read as follows:
4-22           Sec. 824.502.  BENEFITS ON DEATH OF DISABILITY RETIREE.  The
4-23     designated beneficiary of a disability retiree who retires before
4-24     September 1, 1992, who has not selected an optional annuity under
4-25     Section 824.308, and who dies while receiving a retirement benefit
4-26     may elect to receive, instead of survivor benefits provided by
4-27     Section 824.501, a benefit available under Section 824.402,
4-28     computed as if the decedent had been in service at the time of
4-29     death.
4-30           SECTION 11.  Subsections (a) and (d), Section 824.602,
4-31     Government Code, are amended to read as follows:
4-32           (a)  The retirement system may not, under Section 824.601,
4-33     withhold a monthly benefit payment if the retiree is employed in a
4-34     Texas public educational institution:
4-35                 (1)  as a substitute only with pay not more than the
4-36     daily rate of substitute pay established by the employer and, if
4-37     the retiree is a disability retiree, the employment has not
4-38     exceeded a total of 90 days in the school year;
4-39                 (2)  in a position, other than as a substitute, on no
4-40     more than a one-half time basis for the month;
4-41                 (3)  in one or more positions on as much as a full-time
4-42     basis, if[:]
4-43                       [(A)]  the work occurs in not more than six
4-44     months of a school year that begins after the retiree's effective
4-45     date of retirement;
4-46                       [(B)  the work occurs in no more than six months
4-47     of the school year; and]
4-48                       [(C)  the retiree executes on a form and within
4-49     any deadline prescribed by the retirement system a written election
4-50     to have this exception apply for the school year in determining
4-51     whether benefits are to be suspended for employment after
4-52     retirement;] or
4-53                 (4)  in a position, other than as a substitute, on no
4-54     more than a one-half time basis for no more than 90 days in the
4-55     school year, if the retiree is a disability retiree.
4-56           (d)  A retiree to whom [who has elected to avoid loss of
4-57     monthly benefits in a school year pursuant to] Subsection (a)(3)
4-58     applies is not eligible during that school year for any other
4-59     exceptions to loss of benefits provided in this section.  If a
4-60     retiree is employed under [elects] the exemption provided in
4-61     Subsection (a)(3) for a school year, the retirement system must
4-62     include any previous employment during the school year, including
4-63     any employment that relied upon the exemptions in Subsection (a)(1)
4-64     or (a)(2), in determining whether and when the retiree has exceeded
4-65     six months of employment in the school year.
4-66           SECTION 12.  Subsection (a), Section 824.804, Government
4-67     Code, is amended to read as follows:
4-68           (a)  On the effective date of a member's participation in the
4-69     plan, the retirement system shall make the transfers required by
 5-1     Section 825.309 to the retired reserve account as if the member had
 5-2     retired on that date.  The retirement system shall transfer
 5-3     monthly, during the period of the member's participation in the
 5-4     plan, from the retired reserve account to an account for the member
 5-5     in the deferred retirement option account an amount equal to 61
 5-6     [79] percent of the amount the member would have received that
 5-7     month under a standard service retirement annuity if the member had
 5-8     retired under the multiplier currently in effect [on the effective
 5-9     date of plan participation].
5-10           SECTION 13.  Subsection (a), Section 825.103, Government
5-11     Code, is amended to read as follows:
5-12           (a)  The board of trustees is the trustee of all assets of
5-13     the retirement system.  In administering the retirement system
5-14     trust and its investments, the board of trustees may delegate
5-15     responsibility, discretion, and authority to employees, investment
5-16     managers, custodians, and other agencies and entities in the manner
5-17     that a prudent person would delegate under the circumstances.  The
5-18     board of trustees shall act with prudence and in the exclusive best
5-19     interests of the members and beneficiaries of the retirement system
5-20     in deciding whether and how to delegate and in the selection and
5-21     supervision of those to whom it has delegated.
5-22           SECTION 14.  Section 825.301, Government Code, is amended to
5-23     read as follows:
5-24           Sec. 825.301.  INVESTMENT OF ASSETS.  (a)  The board of
5-25     trustees shall invest and reinvest assets of the retirement system
5-26     without distinction as to their source in accordance with Section
5-27     67, Article XVI, Texas Constitution.  For purposes of the board's
5-28     investment authority, the term "securities" shall be construed
5-29     broadly and given its plain meaning to enable the board to fulfill
5-30     its fiduciary duties prudently and consider investment
5-31     opportunities, including collective investments, suitable for a
5-32     large, sophisticated, properly diversified fund and to exercise the
5-33     control or oversight the board considers prudent over those who
5-34     manage investments in which the retirement system has an interest.
5-35     Investment decisions are subject to the standard provided in the
5-36     Texas Trust Code by Section 113.056(a), Property Code.
5-37           (b)  The board of trustees may contract with one or more
5-38     [private] professional investment managers to assist the board in
5-39     investing the assets of the retirement system.  To be eligible for
5-40     appointment under this subsection, an investment manager must be an
5-41     investment manager registered under the Investment Advisers Act of
5-42     1940 (15 U.S.C. Section 80b-1 et seq.), a bank as defined by that
5-43     Act, or an insurance company qualified to perform investment
5-44     services under the laws of more than one state.  An investment
5-45     manager appointed by the board may be authorized to invest or
5-46     reinvest, select, purchase, manage, retain, exchange, sell, or
5-47     otherwise acquire or dispose of investments or interests in
5-48     investments on behalf of the retirement system.  The board shall
5-49     exercise reasonable care, skill, and caution in appointing
5-50     investment managers, establishing the scope and terms of the
5-51     delegation with due regard for the purposes of and laws governing
5-52     the retirement system, and periodically reviewing an investment
5-53     manager's compliance with the terms of the delegation.  The board
5-54     shall adopt policies and procedures for monitoring the performance
5-55     of the board's investment managers.  The board and an individual
5-56     member of the board or an employee of the retirement system are not
5-57     liable, personally or in a person's capacity as trustee or
5-58     employee, for the acts, omissions, or decisions of an investment
5-59     manager to whom fiduciary responsibilities have been properly
5-60     delegated in accordance with this subtitle.
5-61           (c)  The board of trustees shall employ one or more
5-62     performance measurement services to evaluate and analyze the
5-63     investment results of those assets of the retirement system for
5-64     which reliable and appropriate measurement methodology and
5-65     procedures exist.  Each service shall compare investment results
5-66     with the written investment objectives developed by the board[, and
5-67     shall also compare the investment of the assets being evaluated and
5-68     analyzed with the investment of other public funds].
5-69           (d)  The board of trustees may invest assets of the
 6-1     retirement system in obligations issued, assumed, or guaranteed by
 6-2     the Inter-American Development Bank, the International Bank for
 6-3     Reconstruction and Development (the World Bank), the African
 6-4     Development Bank, the Asian Development Bank, and the International
 6-5     Finance Corporation.
 6-6           (e)  The board of trustees shall develop written investment
 6-7     objectives, strategies, policies, and guidelines concerning the
 6-8     investment of the assets of the retirement system.  In so doing,
 6-9     the board may adopt a statement that provides the expected rate of
6-10     return on system assets generally, the expected rates of return and
6-11     acceptable levels of risk for each investment class in light of
6-12     prevailing circumstances, asset allocation goals, guidelines for
6-13     delegation of authority to retirement system employees and the
6-14     board's professional investment managers, advisors, and
6-15     consultants, information about the types of reports to be used to
6-16     evaluate investment performance [The objectives may address desired
6-17     rates of return, risks involved, investment time frames], and any
6-18     other relevant considerations.  At least biennially the board shall
6-19     review any statement adopted under this subsection and modify or
6-20     reaffirm it.
6-21           (f)  A professional investment manager appointed under
6-22     Subsection (b) shall acknowledge in writing that the investment
6-23     manager assumes fiduciary responsibilities to the retirement system
6-24     and its members and beneficiaries.  An investment manager shall
6-25     perform its responsibilities to the system with the care, skill,
6-26     diligence, and caution under the prevailing circumstances that a
6-27     prudent person acting in the same capacity and familiar with such
6-28     matters would use in the conduct of an activity or enterprise of
6-29     the same character and with the same aims and in accordance with
6-30     the documents governing the delegation of responsibilities by the
6-31     board of trustees.
6-32           (g)  A professional investment manager assuming fiduciary
6-33     responsibilities to the retirement system is considered to agree
6-34     that the laws of this state govern the performance of its
6-35     responsibilities to the system and to submit to the jurisdiction of
6-36     the courts of this state.  Venue of an action involving a breach of
6-37     duty owed by an investment manager to the retirement system or its
6-38     members and beneficiaries is in Travis County.
6-39           (h)  Selection by the retirement system of professionals and
6-40     other agents and consultants, including investment managers,
6-41     investment consultants, actuaries, accountants, and attorneys, to
6-42     provide services necessary for the performance of the fiduciary
6-43     duties of the board of trustees is exempt from all requirements of
6-44     Chapters 2155, 2156, and 2254 that would otherwise be applicable to
6-45     the retirement system.
6-46           SECTION 15.  The heading of Section 825.303, Government Code,
6-47     is amended to read as follows:
6-48           Sec. 825.303.  SECURITIES CUSTODY AND SECURITIES LENDING.
6-49           SECTION 16.  Subsection (a), Section 825.303, Government
6-50     Code, is amended to read as follows:
6-51           (a)  The retirement system may, in the exercise of its
6-52     constitutional discretion to manage the assets of the retirement
6-53     system, select one or more commercial banks, depository trust
6-54     companies, or other entities to serve as custodian or custodians of
6-55     the system's securities and to lend the securities under rules
6-56     adopted by the board of trustees and as required by this section.
6-57     The retirement system may select one or more commercial banks,
6-58     depository trust companies, or other entities to act independently
6-59     of the custodian and lend the securities under board rules and as
6-60     required by this section.
6-61           SECTION 17.  Subsection (c), Section 825.405, Government
6-62     Code, is amended to read as follows:
6-63           (c)  Monthly, employers shall:
6-64                 (1)  report to the retirement system in a form
6-65     prescribed by the system a certification of the total amount of
6-66     salary paid above the statutory minimum salary and the total amount
6-67     of employer contributions due under this section for the payroll
6-68     period; and
6-69                 (2)  retain information, as determined by the
 7-1     retirement system, sufficient to allow administration of this
 7-2     section  [The employer's form showing deductions and certification
 7-3     of earnings must provide the retirement system with information
 7-4     sufficient to administer this section, as determined by the
 7-5     system], including information for each employee showing the
 7-6     applicable minimum salary as well as aggregate annual compensation.
 7-7           SECTION 18.  Subsection (c), Section 825.406, Government
 7-8     Code, is amended to read as follows:
 7-9           (c)  Monthly, employers shall:
7-10                 (1)  report to the retirement system in a form
7-11     prescribed by the system a certification of the total amount of
7-12     salary paid from federal funds and private grants and the total
7-13     amounts provided by the funds and grants for state contributions
7-14     for the employees; and
7-15                 (2)  retain the following information:
7-16                       (A) [(1)]  the name of each employee paid in
7-17     whole or part from a grant;
7-18                       (B) [(2)]  the source of the grant;
7-19                       (C) [(3)]  the amount of the employee's salary
7-20     paid from the grant;
7-21                       (D) [(4)]  the amount of the money provided by
7-22     the grant for state contributions for the employee; and
7-23                       (E) [(5)]  any other information the retirement
7-24     system determines is necessary to enforce this section.
7-25           SECTION 19.  Subsection (c), Section 825.407, Government
7-26     Code, is amended to read as follows:
7-27           (c)  The designated disbursing officer of each general
7-28     academic teaching institution and the designated disbursing officer
7-29     of each medical and dental unit shall:
7-30                 (1)  submit to the retirement system, at a time and in
7-31     the manner prescribed by the retirement system, a monthly report
7-32     containing a certification of the total amount of salary paid from
7-33     noneducational and general funds and the total amount of employer
7-34     contributions due under this section for the payroll period; and
7-35                 (2)  maintain and retain the following information:
7-36                       (A) [(1)]  the name of each member employed by
7-37     the institution or unit who, for the most recent payroll period,
7-38     was paid wholly or partly from noneducational and general funds;
7-39                       (B) [(2)]  the amount of the employee's salary
7-40     for the most recent payroll period that was paid from
7-41     noneducational and general funds;
7-42                 [(3)  a certification of the total amount of employer
7-43     contributions due under this section for the payroll period;] and
7-44                       (C) [(4)]  any other information the retirement
7-45     system determines is necessary to administer this section.
7-46           SECTION 20.  Subsection (a), Section 825.408, Government
7-47     Code, is amended to read as follows:
7-48           (a)  An employing district that fails to remit, before the
7-49     11th day after the last day of a month, all member and employer
7-50     deposits and documentation of the deposits required by this
7-51     subchapter to be remitted by the district for the month shall pay
7-52     to the retirement system, in addition to the deposits, interest on
7-53     the unpaid or undocumented amounts at an annual rate compounded
7-54     monthly.  The rate of interest is the rate established under
7-55     Section 825.313(b)(2), plus two percent.  Interest required under
7-56     this section is creditable to the interest account.
7-57           SECTION 21.  Section 825.515, Government Code, is amended to
7-58     read as follows:
7-59           Sec. 825.515.  INFORMATION ABOUT MEMBER POSITIONS.  (a)  At
7-60     least annually, the [The] retirement system shall acquire and
7-61     maintain records identifying members and the types of positions
7-62     they hold [have held] as members[, the length of service in each
7-63     type of position, and whether service in each type of position is
7-64     or was as a full-time employee].  The type of position shall be
7-65     identified as Administrative/Professional, Teacher/Full-Time
7-66     Librarian, Support, or Bus Driver [retirement system shall
7-67     cooperate with the commissioner of education in maintaining
7-68     information about the employment status of members of the
7-69     retirement system].
 8-1           (b)  [Each school year, the retirement system shall provide
 8-2     to the commissioner of education information, of a type and in a
 8-3     form determined by the commissioner, that allows contributing
 8-4     members of the retirement system to be identified in information
 8-5     submitted to the commissioner by school districts under the
 8-6     Education Code.]
 8-7           [(c)]  Information contained in records of the retirement
 8-8     system maintained under this section is confidential within the
 8-9     limits prescribed by Section 825.507.
8-10           SECTION 22.  Subsections (a) and (b), Section 825.516,
8-11     Government Code, are amended to read as follows:
8-12           (a)  A retiree who is receiving an annuity from the
8-13     retirement system may request the system to withhold from the
8-14     retiree's monthly annuity payment membership dues for a nonprofit
8-15     association of retired school employees in this state, if the
8-16     association is statewide and its membership includes at least five
8-17     percent of all retirees of the retirement system.  The request for
8-18     withholding must be on a form provided by the retirement system.
8-19           (b)  After the retirement system receives a request
8-20     authorized by this section, the system may [shall] make the
8-21     requested deductions until the earlier of:
8-22                 (1)  the date the annuity is terminated; or
8-23                 (2)  the first payment of the annuity after the date
8-24     the system receives a written request signed by the retiree
8-25     canceling the request for the withholding.
8-26           SECTION 23.  Subsection (d), Section 16A, Article 3.50-4,
8-27     Insurance Code, is amended to read as follows:
8-28           (d)  Monthly, employers shall:
8-29                 (1)  report to the trustee in a form prescribed by the
8-30     trustee a certification of the total amount of salary paid from
8-31     federal funds and private grants and the total amounts provided by
8-32     the funds and grants for state contributions for the employees; and
8-33                 (2)  maintain and retain the following information:
8-34                       (A) [(1)]  the name of each [active] employee
8-35     paid in whole or part from a grant;
8-36                       (B) [(2)]  the source of the grant;
8-37                       (C) [(3)]  the amount of the [active] employee's
8-38     salary paid from the grant;
8-39                       (D) [(4)]  the amount of the money provided by
8-40     the grant for state contributions for the [active] employee; and
8-41                       (E) [(5)]  any other information the trustee
8-42     determines is necessary to enforce this section.
8-43           SECTION 24.  Subchapter E, Chapter 3, Insurance Code, is
8-44     amended by adding Article 3.50-4A to read as follows:
8-45           Art. 3.50-4A.  INSURANCE FOR SCHOOL DISTRICT EMPLOYEES AND
8-46     RETIREES
8-47           Sec. 1.  DEFINITIONS.  In this article:
8-48                 (1)  "Employee" means a person who is a participating
8-49     member of the Teacher Retirement System of Texas and is not
8-50     participating in a group insurance program under the Texas
8-51     Employees Uniform Group Insurance Benefits Act (Article 3.50-2,
8-52     Vernon's Texas Insurance Code) or the Texas State College and
8-53     University Employees Uniform Insurance Benefits Act (Article
8-54     3.50-3, Vernon's Texas Insurance Code).
8-55                 (2)  "Retiree" means a person who:
8-56                       (A)  has retired under the Teacher Retirement
8-57     System of Texas with at least 10 years of credit for service in
8-58     public schools of this state or has retired under that system for
8-59     disability and is entitled to receive an annuity from the system
8-60     based on the person's service; and
8-61                       (B)  is not eligible to participate in the group
8-62     insurance program provided under the Texas Employees Uniform Group
8-63     Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
8-64     Code) or the Texas State College and University Employees Uniform
8-65     Insurance Benefits Act (Article 3.50-3, Vernon's Texas Insurance
8-66     Code).
8-67                 (3)  "Trustee" means the Teacher Retirement System of
8-68     Texas.
8-69           Sec. 2.  INSURANCE COVERAGE.  (a)  The trustee shall contract
 9-1     with one or more carriers authorized to provide life insurance in
 9-2     this state to offer employees and retirees optional permanent life
 9-3     insurance coverage.
 9-4           (b)  The trustee shall contract with one or more carriers
 9-5     authorized to provide long-term health care insurance in this state
 9-6     to offer employees and retirees optional long-term health care
 9-7     insurance coverage.  The long-term care insurance coverage shall
 9-8     include home, community, and institutional care.
 9-9           (c)  The trustee shall contract with one or more carriers
9-10     authorized to provide disability insurance in this state to offer
9-11     employees optional insurance against short-term or long-term loss
9-12     of salary because of disability.
9-13           (d)  A contract entered into under this section is subject to
9-14     competitive bidding.
9-15           (e)  Insurance coverage provided under this section shall be
9-16     made available periodically during open enrollment periods
9-17     determined by the trustee.
9-18           Sec. 3.  ADMINISTRATION.  (a)  The trustee shall adopt rules
9-19     for the selection of contractors under this article.  The rules
9-20     must require the contractors to administer enrollment, adjudication
9-21     of claims, and coordination of services under the insurance
9-22     coverages and require the contractors to account for premiums
9-23     collected and disbursed under the coverages.
9-24           (b)  The trustee may adopt other rules necessary to
9-25     administer the program provided under this article.
9-26           Sec. 4.  PARTICIPATION IN COVERAGE.  (a)  The trustee shall
9-27     offer the coverages provided under this article to employees
9-28     through their employers and to retirees through the trustee's
9-29     administration of the retirement system.
9-30           (b)  The full cost of premiums in a plan of insurance
9-31     coverage provided under this article is the responsibility of the
9-32     enrollees.
9-33           (c)  An employee participating in a plan of insurance
9-34     coverage provided under this article shall pay premiums by payroll
9-35     deduction remitted by the employee's employer at the times and in
9-36     the manner provided by the trustee.
9-37           (d)  A retiree participating in a plan of insurance coverage
9-38     provided under this article shall pay premiums by deduction from
9-39     the retiree's monthly retirement annuity.
9-40           Sec. 5.  SCHOOL DISTRICT EMPLOYEES AND RETIREES OPTIONAL
9-41     INSURANCE TRUST FUND.  (a)  The school district employees and
9-42     retirees optional insurance trust fund is created as a trust fund
9-43     outside the state treasury to be held by the Texas Treasury
9-44     Safekeeping Trust Company and administered by the trustee on behalf
9-45     of the participants in the plans of insurance coverage provided
9-46     under this article.
9-47           (b)  Premiums paid by enrollees, amounts recovered under
9-48     contracts for the implementation of the program provided by this
9-49     article, and investment and depository income of the fund shall be
9-50     credited to the fund.
9-51           (c)  Money in the fund may be used only for the purpose of
9-52     providing the program of insurance coverage provided under this
9-53     article, including the expenses of administering the program.
9-54           (d)  The trustee may invest the fund in the manner provided
9-55     by Section 67(a)(3), Article XVI, Texas Constitution.
9-56           SECTION 25.  Subtitle A, Title 6, Government Code, is amended
9-57     by adding Chapter 618 to read as follows:
9-58                 CHAPTER 618.  ANNUITIES OR INVESTMENTS FOR
9-59                            EDUCATIONAL EMPLOYEES
9-60           Sec. 618.001.  DEFINITION.  In this chapter "retirement
9-61     system" means the Teacher Retirement System of Texas.
9-62           Sec. 618.002.  ESTABLISHMENT OF PLAN.  The board of trustees
9-63     of the retirement system is the trustee of a plan it shall
9-64     establish under this chapter to offer contributing members of the
9-65     retirement system the opportunity to purchase annuities or other
9-66     investments authorized by Section 403(b) of the Internal Revenue
9-67     Code of 1986.
9-68           Sec. 618.003.  ADMINISTRATION OF PLAN.  The board of trustees
9-69     of the retirement system shall contract with one or more persons to
 10-1    administer the plan.
 10-2          Sec. 618.004.  SELECTION OF VENDORS AND PRODUCTS.  (a)  The
 10-3    board of trustees of the retirement system shall adopt rules for
 10-4    the selection of companies to provide investment products under the
 10-5    plan.  The rules must provide for the selection of vendors of a
 10-6    wide variety of investment products authorized under Section 403(b)
 10-7    of the Internal Revenue Code of 1986.  The board shall select
 10-8    vendors for the plan under the process it adopts by rule.
 10-9          (b)  A vendor or investment product having an ownership or
10-10    other financial interest in a contractor selected by the retirement
10-11    system to administer the plan established under this chapter is not
10-12    qualified to be selected as a vendor or investment product under
10-13    the plan.
10-14          (c)  The board of trustees shall select vendors or investment
10-15    products based on the quality of investment performance, proven
10-16    ability to manage institutional assets, minimum net worth
10-17    requirements, fee structure, compliance with applicable federal and
10-18    state laws, and other criteria established by the board.  The board
10-19    of trustees shall determine the minimum and maximum number of
10-20    vendors and investment products that may be offered under the plan
10-21    at any particular time.
10-22          Sec. 618.005.  ELIGIBILITY AND ELECTION TO PARTICIPATE.
10-23    (a)  A contributing member of the retirement system is eligible to
10-24    participate in the plan established under this chapter.
10-25    Participation is in addition to participation as a contributing
10-26    member of the retirement system.
10-27          (b)  A person eligible to participate in the plan may elect
10-28    to participate on a form prescribed by and filed with the
10-29    retirement system.  A participant must execute a salary reduction
10-30    agreement under which contributions for the purchase of investment
10-31    products under the plan are deducted from the participant's salary.
10-32          Sec. 618.006.  RULES.  The retirement system may adopt other
10-33    rules for the administration of the plan and this chapter.
10-34          SECTION 26.  Subsections (c) and (d), Section 22.004,
10-35    Education Code, are amended to read as follows:
10-36          (c)  Each district shall report the district's compliance
10-37    with this subsection to the executive director of the Teacher
10-38    Retirement System of Texas not later than March [November] 1 of
10-39    each even-numbered year in the manner required by the board of
10-40    trustees of the Teacher Retirement System of Texas.  The report
10-41    must be based on the district group health coverage plan in effect
10-42    during the preceding plan year [on November 1] and must include:
10-43                (1)  appropriate documentation of:
10-44                      (A)  the district's contract for group health
10-45    coverage with a provider licensed to do business in this state by
10-46    the Texas Department of Insurance or a risk pool authorized under
10-47    Chapter 172, Local Government Code; or
10-48                      (B)  a resolution of the board of trustees of the
10-49    district authorizing a self-insurance plan for district employees
10-50    and of the district's review of district ability to cover the
10-51    liability assumed;
10-52                (2)  the schedule of benefits;
10-53                (3)  the premium rate sheet, including the amount paid
10-54    by the district and employee;
10-55                (4)  the number of employees covered by each health
10-56    coverage plan offered by the district; and
10-57                (5)  any other information considered appropriate by
10-58    the executive director of the Teacher Retirement System of Texas.
10-59          (d)  Based on the criteria prescribed by Subsection (a), the
10-60    executive director of the Teacher Retirement System of Texas shall
10-61    certify whether a district's coverage is comparable to the basic
10-62    health coverage provided under the Texas Employees Uniform Group
10-63    Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
10-64    Code).  If the executive director of the Teacher Retirement System
10-65    of Texas determines that the group health coverage offered by a
10-66    district is not comparable, the executive director shall report
10-67    that information to the district and to the Legislative Budget
10-68    Board.  The executive director shall submit a report to the
10-69    legislature not later than September [January] 1 of each
 11-1    even-numbered [odd-numbered] year describing the status of each
 11-2    district's group health coverage program based on the information
 11-3    contained in the report required by Subsection (c) and the
 11-4    certification required by this subsection.
 11-5          SECTION 27.  (a)  Monthly payments of a death or retirement
 11-6    benefit annuity by the Teacher Retirement System of Texas are
 11-7    increased beginning with the payment due at the end of September
 11-8    1999.
 11-9          (b)  The increase does not apply to payments under Subsection
11-10    (a), Section 824.304, Section 824.404, or Section 824.501,
11-11    Government Code.
11-12          (c)  Except as provided by Subsection (d) of this section,
11-13    the amount of the monthly increase is computed by multiplying the
11-14    previous monthly benefit by a percentage determined in accordance
11-15    with the following table:
11-16    LATEST RETIREMENT DATE OR,
11-17    IF APPLICABLE, DATE OF DEATH                               INCREASE
11-18    Before September 1, 1973                                         5%
11-19    On or after September 1, 1973, but before September 1, 1974      6%
11-20    On or after September 1, 1974, but before September 1, 1979      5%
11-21    On or after September 1, 1979, but before September 1, 1981      6%
11-22    On or after September 1, 1981, but before September 1, 1982      7%
11-23    On or after September 1, 1982, but before September 1, 1983      6%
11-24    On or after September 1, 1983, but before September 1, 1990      7%
11-25    On or after September 1, 1990, but before September 1, 1991      6%
11-26    On or after September 1, 1991, but before September 1, 1992      7%
11-27    On or after September 1, 1992, but before September 1, 1995      6%
11-28    On or after September 1, 1995, but before September 1, 1997      5%
11-29    On or after September 1, 1997, but before September 1, 1998      2%
11-30          (d)  After making the computations required by Subsection (c)
11-31    of this section, the Teacher Retirement System of Texas shall
11-32    increase each annuity payable by the system on September 1, 1999,
11-33    other than an annuity under Subsection (a), Section 824.304,
11-34    Section 824.404, or Section 824.501, Government Code, by 10
11-35    percent, which is a benefit equivalent to the benefit provided by
11-36    using a 2.2 percent multiplier for computing annuities.
11-37          SECTION 28.  (a)  Notwithstanding Section 824.1011,
11-38    Government Code, as amended by this Act, a person who is receiving
11-39    a standard service or disability retirement annuity under Section
11-40    824.203 or Subsection (b), Section 824.304, Government Code, on the
11-41    effective date of this Act and who married after retirement but
11-42    before that date may, before September 1, 2000, replace the annuity
11-43    by selecting an optional annuity and designating the person's
11-44    spouse as beneficiary as if the person had married after the
11-45    effective date of this Act.
11-46          (b)  Notwithstanding Section 824.1011, Government Code, as
11-47    amended by this Act, a person who retired before September 1, 1992,
11-48    and is receiving a standard disability retirement annuity under
11-49    Subsection (b), Section 824.304, Government Code, on the effective
11-50    date of this Act may before September 1, 2001, replace the annuity
11-51    by selecting an optional annuity described by Section 824.308,
11-52    Government Code. An optional annuity  selected under this
11-53    subsection shall be actuarially reduced according to the ages of
11-54    the retiree and the designated beneficiary at the time the annuity
11-55    is selected.
11-56          SECTION 29.  This Act takes effect September 1, 1999.
11-57          SECTION 30.  The importance of this legislation and the
11-58    crowded condition of the calendars in both houses create an
11-59    emergency and an imperative public necessity that the
11-60    constitutional rule requiring bills to be read on three several
11-61    days in each house be suspended, and this rule is hereby suspended.
11-62                                 * * * * *