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.