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. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Subchapter B, Chapter 814, Government Code, is 1-13 amended by adding Section 814.1031 to read as follows: 1-14 Sec. 814.1031. SERVICE RETIREMENT BENEFITS FOR SERVICE AS 1-15 DISTRICT OR CRIMINAL DISTRICT ATTORNEY OR COUNTY ATTORNEY 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. 2-9 * * * * *