1-1     By:  Fraser, Sibley, Duncan                           S.B. No. 1144
 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 21, 1999, reported favorably by the following vote:  Yeas 7,
 1-5     Nays 0; April 21, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to retirement benefits payable for service as a district
 1-9     or criminal district attorney or a county attorney performing the
1-10     duties of a district attorney.
1-12           SECTION 1.  Subchapter B, Chapter 814, Government Code, is
1-13     amended by adding Section 814.1031 to read as follows:
1-16     PERFORMING DISTRICT ATTORNEY DUTIES.  (a)  Notwithstanding Section
1-17     814.103 and except as provided by Subsection (b), the standard
1-18     service retirement annuity for service performed as a district or
1-19     criminal district attorney or a county attorney performing the
1-20     duties of a district attorney is an amount equal to the number of
1-21     years of service credit in that position, multiplied by a
1-22     percentage of the state salary, as adjusted from time to time,
1-23     being paid a district judge.  The percentage is derived from the
1-24     following schedule:
1-25           Amount of service                            Percentage
1-26           less than 12 years                         2.25 percent
1-27           at least 12 but less than 16 years         2.5 percent 
1-28           at least 16 but less than 20 years         2.75 percent
1-29           20 years or more                           3.0 percent 
1-30           (b)  A standard service retirement annuity described by this
1-31     section may not exceed at any time 100 percent of the state salary
1-32     being paid a district judge.
1-33           SECTION 2.  Subsection (a), Section 812.002, Government Code,
1-34     is amended to read as follows:
1-35           (a)  Membership in the elected class of the retirement system
1-36     is limited to:
1-37                 (1)  persons who hold state offices that are normally
1-38     filled by statewide election and that are not included in the
1-39     coverage of the Judicial Retirement System of Texas Plan One or the
1-40     Judicial Retirement System of Texas Plan Two;
1-41                 (2)  members of the legislature; and
1-42                 (3)  district and criminal district attorneys and
1-43     county attorneys performing the duties of a district attorney, to
1-44     the extent that they receive salaries from the state general
1-45     revenue fund.
1-46           SECTION 3.  Subsection (a), Section 814.108, Government Code,
1-47     is amended to read as follows:
1-48           (a)  Instead of the standard service retirement annuity
1-49     payable under Section 814.103, 814.1031, or 814.105, the standard
1-50     combined service retirement annuity payable under Section 814.107,
1-51     or an annuity actuarially reduced because of age under Section
1-52     814.107, a retiring member may elect to receive an optional service
1-53     retirement annuity under this section.
1-54           SECTION 4.  The Employees Retirement System of Texas shall
1-55     recompute each annuity that is being paid on August 31, 1999, and
1-56     that is based on the service of a district or criminal district
1-57     attorney or a county attorney performing the duties of a district
1-58     attorney, as if Section 814.1031, Government Code, as added by this
1-59     Act, had been in effect on the date of the retirement or death for
1-60     which the annuity is payable.  An annuity as recomputed under this
1-61     section becomes payable on the first payment that becomes due on or
1-62     after the effective date of this Act.
1-63           SECTION 5.  The change in law made by this Act to Subsection
1-64     (a), Section 812.002, Government Code, is intended to clarify the
 2-1     law in effect and being administered immediately before the
 2-2     effective date of this Act.
 2-3           SECTION 6.  This Act takes effect September 1, 1999.
 2-4           SECTION 7.  The importance of this legislation and the
 2-5     crowded condition of the calendars in both houses create an
 2-6     emergency and an imperative public necessity that the
 2-7     constitutional rule requiring bills to be read on three several
 2-8     days in each house be suspended, and this rule is hereby suspended.
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