By: Fraser, Sibley, Duncan S.B. No. 1144 A BILL TO BE ENTITLED AN ACT 1-1 relating to retirement benefits payable for service as a district 1-2 or criminal district attorney or a county attorney performing the 1-3 duties of a district attorney. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter B, Chapter 814, Government Code, is 1-6 amended by adding Section 814.1031 to read as follows: 1-7 Sec. 814.1031. SERVICE RETIREMENT BENEFITS FOR SERVICE AS 1-8 DISTRICT OR CRIMINAL DISTRICT ATTORNEY OR COUNTY ATTORNEY 1-9 PERFORMING DISTRICT ATTORNEY DUTIES. (a) Notwithstanding Section 1-10 814.103 and except as provided by Subsection (b), the standard 1-11 service retirement annuity payable for at least 20 years service 1-12 credit as a district or criminal district attorney or a county 1-13 attorney performing the duties of a district attorney is an amount 1-14 equal to the number of years of service credit in that position, 1-15 multiplied by a percentage of the state salary, as adjusted from 1-16 time to time, being paid a district judge. The percentage is the 1-17 sum of the percentage used to compute a standard service retirement 1-18 annuity under Section 814.103 plus .5 percent. 1-19 (b) A standard service retirement annuity described by this 1-20 section may not exceed at any time 100 percent of the state salary 1-21 being paid a district judge. 1-22 SECTION 2. Subsection (a), Section 812.002, Government Code, 1-23 is amended to read as follows: 1-24 (a) Membership in the elected class of the retirement system 2-1 is limited to: 2-2 (1) persons who hold state offices that are normally 2-3 filled by statewide election and that are not included in the 2-4 coverage of the Judicial Retirement System of Texas Plan One or the 2-5 Judicial Retirement System of Texas Plan Two; 2-6 (2) members of the legislature; and 2-7 (3) district and criminal district attorneys and 2-8 county attorneys performing the duties of a district attorney, to 2-9 the extent that they receive salaries from the state general 2-10 revenue fund. 2-11 SECTION 3. Subsection (a), Section 814.108, Government Code, 2-12 is amended to read as follows: 2-13 (a) Instead of the standard service retirement annuity 2-14 payable under Section 814.103, 814.1031, or 814.105, the standard 2-15 combined service retirement annuity payable under Section 814.107, 2-16 or an annuity actuarially reduced because of age under Section 2-17 814.107, a retiring member may elect to receive an optional service 2-18 retirement annuity under this section. 2-19 SECTION 4. The Employees Retirement System of Texas shall 2-20 recompute each annuity that is being paid on August 31, 1999, and 2-21 that is based on the service of a district or criminal district 2-22 attorney or a county attorney performing the duties of a district 2-23 attorney, as if Section 814.1031, Government Code, as added by this 2-24 Act, had been in effect on the date of the retirement or death for 2-25 which the annuity is payable. An annuity as recomputed under this 2-26 section becomes payable on the first payment that becomes due on or 3-1 after the effective date of this Act. 3-2 SECTION 5. The change in law made by this Act to Subsection 3-3 (a), Section 812.002, Government Code, is intended to clarify the 3-4 law in effect and being administered immediately before the 3-5 effective date of this Act. 3-6 SECTION 6. This Act takes effect September 1, 1999. 3-7 SECTION 7. The importance of this legislation and the 3-8 crowded condition of the calendars in both houses create an 3-9 emergency and an imperative public necessity that the 3-10 constitutional rule requiring bills to be read on three several 3-11 days in each house be suspended, and this rule is hereby suspended.