76R16153 GCH-D
By Fraser, et al. S.B. No. 1144
Substitute the following for S.B. No. 1144:
By Greenberg C.S.S.B. No. 1144
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to retirement benefits payable for service as a district
1-3 or criminal district attorney or a county attorney performing the
1-4 duties of a district attorney.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 814, Government Code, is
1-7 amended by adding Section 814.1031 to read as follows:
1-8 Sec. 814.1031. SERVICE RETIREMENT BENEFITS FOR CERTAIN
1-9 SERVICE AS DISTRICT OR CRIMINAL DISTRICT ATTORNEY OR COUNTY
1-10 ATTORNEY PERFORMING DISTRICT ATTORNEY DUTIES. Notwithstanding
1-11 Section 814.103, the standard service retirement annuity payable
1-12 for at least 20 years service credit as a district or criminal
1-13 district attorney or a county attorney performing the duties of a
1-14 district attorney by a person who first received credit for the
1-15 service before September 1, 1985, is an amount equal to the greater
1-16 of 60 percent of the state salary, as adjusted from time to time,
1-17 being paid a district judge or the amount computed under Section
1-18 814.103.
1-19 SECTION 2. Subsection (a), Section 812.002, Government Code,
1-20 is amended to read as follows:
1-21 (a) Membership in the elected class of the retirement system
1-22 is limited to:
1-23 (1) persons who hold state offices that are normally
2-1 filled by statewide election and that are not included in the
2-2 coverage of the Judicial Retirement System of Texas Plan One or the
2-3 Judicial Retirement System of Texas Plan Two;
2-4 (2) members of the legislature; and
2-5 (3) district and criminal district attorneys and
2-6 county attorneys performing the duties of a district attorney, to
2-7 the extent that they receive salaries from the state general
2-8 revenue fund.
2-9 SECTION 3. Subsection (a), Section 814.108, Government Code,
2-10 is amended to read as follows:
2-11 (a) Instead of the standard service retirement annuity
2-12 payable under Section 814.103, 814.1031, or 814.105, the standard
2-13 combined service retirement annuity payable under Section 814.107,
2-14 or an annuity actuarially reduced because of age under Section
2-15 814.107, a retiring member may elect to receive an optional service
2-16 retirement annuity under this section.
2-17 SECTION 4. The Employees Retirement System of Texas shall
2-18 recompute each annuity that is being paid on August 31, 1999, and
2-19 that is based on the service of a district or criminal district
2-20 attorney or a county attorney performing the duties of a district
2-21 attorney who had service credit for that service in the retirement
2-22 system before September 1, 1985, as if Section 814.1031, Government
2-23 Code, as added by this Act, had been in effect on the date of the
2-24 retirement or death for which the annuity is payable. An annuity
2-25 as recomputed under this section becomes payable on the first
2-26 payment that becomes due on or after the effective date of this
2-27 Act.
3-1 SECTION 5. The change in law made by this Act to Subsection
3-2 (a), Section 812.002, Government Code, is intended to clarify the
3-3 law in effect and being administered immediately before the
3-4 effective date of this Act.
3-5 SECTION 6. This Act takes effect September 1, 1999.
3-6 SECTION 7. The importance of this legislation and the
3-7 crowded condition of the calendars in both houses create an
3-8 emergency and an imperative public necessity that the
3-9 constitutional rule requiring bills to be read on three several
3-10 days in each house be suspended, and this rule is hereby suspended.