By Shapiro                                            S.B. No. 1226
         76R4520 GJH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the deferred retirement option plan in the Teacher
 1-3     Retirement System of Texas.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 824.802, Government Code, is amended to
 1-6     read as follows:
 1-7           Sec. 824.802.  PARTICIPATION IN PLAN.  (a)  A contributing
 1-8     member who is eligible under Section 824.202 to retire and receive
 1-9     a standard service retirement annuity that is not reduced for
1-10     retirement at an early age and who has at least 25 years of service
1-11     credit in the retirement system may, if the member remains an
1-12     employee, elect to participate in the deferred retirement option
1-13     plan.  Notwithstanding Chapter 805, a member may transfer to the
1-14     retirement system service credit established in the Employees
1-15     Retirement System of Texas.  Service credit transferred under this
1-16     subsection may be used to establish eligibility for participation
1-17     in and the amount of benefits under the plan.
1-18           (b)  An election to participate in the plan must be on a form
1-19     prescribed by and filed with the retirement system.  An election
1-20     [may be made only once and] must state the period that the member
1-21     wishes to participate in the plan.  The period must be a minimum of
1-22     12 consecutive months and be in 12-month increments.  The maximum
1-23     period a member may participate in the plan is 60 consecutive
1-24     months.  [An election under this section is irrevocable after
 2-1     filing.]  The filing of an election under this section is not
 2-2     considered for any purpose an application for retirement, and a
 2-3     person is not considered a retiree for any purpose because of the
 2-4     filing.
 2-5           (c)  A contributing member may revoke an election to
 2-6     participate in the plan on a form prescribed by and filed with the
 2-7     retirement system.  A revocation may be made only once.  On
 2-8     revocation, the retirement system shall transfer all contributions
 2-9     and interest in the deferred retirement option account as a result
2-10     of the member's election to the appropriate system accounts.
2-11           (d)  The effective date of a member's participation or
2-12     revocation of participation in the plan is the first day of the
2-13     month  after the month in which an election or revocation is
2-14     received and approved by the retirement system.  The retirement
2-15     system shall approve the  election or revocation filed by a member
2-16     who is eligible to make the election or revocation.
2-17           SECTION 2.  Section 824.803(b), Government Code, is amended
2-18     to read as follows:
2-19           (b)  For purposes of the plan, the amount of service credit
2-20     used to compute [computation of] the service retirement annuity of
2-21     a member participating in the plan is determined as of the
2-22     effective date of participation in the plan.  The amount of the
2-23     annuity is computed on the effective date of termination of
2-24     participation according to the formula used to compute annuities
2-25     that is in effect at that time.  A participating member is [not]
2-26     eligible to receive a postretirement increase made applicable to
2-27     annuitants during the member's participation in the plan.
 3-1           SECTION 3.  Sections 824.804(a) and (c), Government Code, are
 3-2     amended to read as follows:
 3-3           (a)  On the effective date of a member's participation in the
 3-4     plan, the retirement system shall make the transfers required by
 3-5     Section 825.309 to the retired reserve account as if the member had
 3-6     retired on that date.  The retirement system shall transfer
 3-7     monthly, during the period of the member's participation in the
 3-8     plan, from the retired reserve account to an account for the member
 3-9     in the deferred retirement option account an amount equal to 95
3-10     [79] percent of the amount the member would receive [have received]
3-11     that month under a standard service retirement annuity if the
3-12     member had retired the preceding month [on the effective date of
3-13     plan participation].
3-14           (c)  If a member dies during participation in the plan or
3-15     after participation but before retirement, the decedent's
3-16     designated beneficiary is entitled to the accumulated amount in the
3-17     decedent's account in the deferred retirement option account,
3-18     including creditable interest.  The beneficiary is also entitled to
3-19     a death benefit based on age, compensation, and years of service
3-20     [on the effective date of participation in the plan and on age] on
3-21     the date of death.
3-22           SECTION 4.  This Act takes effect September 1, 1999.
3-23           SECTION 5.  The importance of this legislation and the
3-24     crowded condition of the calendars in both houses create an
3-25     emergency and an imperative public necessity that the
3-26     constitutional rule requiring bills to be read on three several
3-27     days in each house be suspended, and this rule is hereby suspended.