SRC-CTC S.B. 273 77(R)BILL ANALYSIS


Senate Research CenterS.B. 273
By: Armbrister
Education
6/21/2001
Enrolled


DIGEST AND PURPOSE 

S.B. 273 increases annuity payments for certain individuals.  The
confidentiality of certain records is clarified and the Open Records Act is
amended to conform the confidentiality of Teacher Retirement System (TRS)
members' records to that of members' records in the Employees Retirement
System. TRS is required to remit monthly deposits and reporting data
submitted to it by local school districts before the 4th day after the last
day of each month to conform with Internal Revenue Service reporting
requirements.  Clarifies that optional insurance coverage is not subject to
premium tax. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the board of trustees of the
Teachers Retirement System of Texas in SECTION 6 (Section 823.405,
Government Code). 

Rulemaking authority is expressly granted to the Teachers Retirement System
of Texas in SECTION 23 (Section 6, Chapter 22, Acts of the 57th
Legislature, 3rd Called Session, 1962) of this Act. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 803.402, Government Code, to provide that
records of members and beneficiaries of the Teacher Retirement System of
Texas (TRS) are confidential, except as provided by other law, rather than
Section 825.507. 

SECTION 2.  Amends Section 821.103, Government Code, to authorize the State
Board for Educator Certification (board), rather than the state
commissioner of education (commissioner), to cancel the teacher certificate
of a person after receiving notice from the board of trustees of an offense
under Section 821.101 and after complying with Chapter 2001 and rules
adopted by the board, if the board determines that the person committed the
offense.  Authorizes the executive director of the board to enter into an
agreed sanction.  Deletes existing text relating to an appeal of the
commissioner's decision.  Makes a conforming change. 

SECTION 3.  Amends Section 822.002, Government Code, to delete existing
text relating to the execution and filing of a waiver of membership and
reinstatement to membership under Section 823.502.  Makes a conforming
change. 

SECTION 4.  Amends Section 822.006, Government Code, to make a conforming
change. 

SECTION 5.  Amends Section 823.004(a), Government Code, to delete existing
text relating to service previously waived. 

SECTION 6.  Amends Chapter 823E, Government Code, by adding Section
823.405, as follows: 

Sec. 823.405.  CREDIT PURCHASE OPTION.  Authorizes a member to establish
not more than three years of equivalent membership service credit under
this section if the member has at least seven years of actual membership
service.  Sets forth the manner in which a member is  authorized to
establish service credit under this section.  Requires TRS to grant a
member one year of equivalent membership service credit for each year of
credit approved after the member makes the deposits required by this
section.  Requires TRS to deposit the amount of the actuarial present value
of the service credit purchased in the member's individual account in the
employees saving account.  Authorizes the board of trustees of TRS to adopt
rules to administer this section. 

SECTION 7.  Amends Section 824.002(e), Government Code, to delete text
relating to service previously waived. 

SECTION 8.  Amends Section 824.1012(a), Government Code, to authorize a
retiree who selected an optional service retirement annuity or an optional
disability retirement annuity under certain sections of this code to revoke
the designation of the beneficiary to receive the annuity on the death of
the retiree if the beneficiary is the spouse or a former spouse. 

SECTION 9.  Amends Section 824.203(a), Government Code, to increase the
service credit multiplier for the standard service retirement annuity from
2.2 percent to 2.3 percent. 

SECTION 10.  Amends Section 824.304(c), Government Code, to make a
conforming change. 

SECTION 11.  Amends Sections 824.404(b), (c), and (d), Government Code, as
follows: 

(b) Increases from $200 to $250 the monthly benefit certain designated
beneficiaries are authorized to elect. 

(c) Increases from $300 to $350 the monthly benefit certain beneficiaries
are authorized to elect.   

 (d) Makes conforming changes.

SECTION 12.  Amends Section 824.602, Government Code, to prohibit TRS,
under Section 824.601, from withholding a monthly benefit payment if the
retiree is employed in a Texas public educational institution in a position
as a classroom teacher in an acute shortage area as determined by the board
of trustees of a school district as provided by this section, rather than
the commissioner of education or as a bus driver for a school district on
as much as a full-time basis, if the retiree has retired under Section
824.202(a).  Requires the board of trustees of a school district by rule to
determine, for the purposes of this section, whether there are acute
shortage areas in the district.  Sets forth the guidelines under which a
determination must be made. 

SECTION 13.  Amends Section 824.603, Government Code, to make a conforming
change. 

SECTION 14.  Amends Section 824.805(b), Government Code, to authorize a
member participating in the plan on September 1, 2001, rather than 1999,
to, before December 31, 2001, rather than September 1, 2000, elect to
discontinue participation in the plan on a form prescribed by and filed
with the retirement system. 

SECTION 15.  Amends Section 825.307(a), Government Code, to delete existing
text relating to portions of a deposit to establish membership service
credit previously waived and for service performed after retirement.  Makes
a conforming change. 

SECTION 16.  Amends Section 825.308, Government Code, to require the
retirement system to deposit in the state contribution account amounts from
the interest account as provided by Section 825.313(b)(2), rather than
Section 825.313(b)(5).  Deletes existing text relating to reinstatement or
establishment of service credit under Sections 823.202 and 823.502. 

 SECTION 17.  Amends Section 825.408(a), Government Code, to require an
employing district to remit all member and employer deposits and documents
of deposits by the seventh, rather than the 11th, day after the last day of
the month, or pay to the retirement system, in addition to the deposits,
interest on the unpaid or undocumented amounts at an annual rate compounded
monthly.  Authorizes TRS, on request, to grant a waiver of the deadline
imposed by this subsection based on a district's financial or technological
resources. 

SECTION 18.  Amends the heading to Section 825.507, Government Code, to
read as follows: 

 Sec. 825.507. RECORD CONFIDENTIALITY.

SECTION 19.  Amends Sections 825.507, Government Code, to provide that
records of a participant in the custody of TRS or of an administrator,
carrier, attorney, consultant, or governmental agency acting with or on
behalf of TRS are confidential and not subject to public disclosure in a
form that would identify an individual and are exempt from public access
provisions in Chapter 552, except as otherwise provided by this section.   

(b) Authorizes TRS to release records of a participant, including a
participant to which Chapter 803 applies, to certain people.   

(c) Provides that the records of a participant remain confidential after
release to a person as authorized by this section.  Provides that this
section does not prevent the disclosure or confirmation, on an individual
basis, of the status or identity of a participant, rather than an
individual, as a member, former member, retiree, deceased member or
retiree, beneficiary, or alternate payee of TRS.   

(d) Authorizes the executive director to designate other employees of TRS
to make the necessary determinations under this section, rather than
Subsection (a).  Makes conforming changes. 

(f) Provides that this section does not authorize TRS to compile or
disclose a list of participants' names, addresses, or social security
numbers unless the executive director determines that a compilation or
disclosure is necessary to administer the retirement system.   

 (g) Defines "participant."  

SECTION 20.  Prohibits TRS from withholding a monthly benefit payment from
a specific retiree, notwithstanding Section 824.601, Government Code. 

SECTION 21.  Amends Section 1, Chapter 22, Acts of the 57th Legislature,
3rd Called Session, 1962 (Article 6228a-5, V.T.C.S.), to provide that this
section and Section 2 of this Act apply to the governing boards of
state-supported institutions of higher education.  Authorizes an entity
described by this section to enter into agreements with the entity's
employees for the purchase of annuities or for contributions to any type of
investment for the entity's employees as authorized by Section 403(b) of
the Internal Revenue Code of 1986, rather than 1954, and its subsequent
amendments. 

SECTION 22.  Amends Section 2, Chapter 22, Acts of the 57th Legislature,
3rd Called Session, 1962 (Article 6228a-5, V.T.C.S.), to delete existing
text relating to a governmental entity.  Authorizes the comptroller or the
governing board, as appropriate, to take certain actions.  Makes conforming
changes.  Deletes existing text relating to the designation of any agent,
broker, or company by the employee. 

SECTION 23.  Amends Chapter 22, Acts of the 57th Legislature, 3rd Called
Session, 1962, by adding Sections 4 - 12, as follows: 

 Sec. 4.  Defines "board of trustees," "educational institution," "eligible
qualified investment," "employee," "qualified investment product,"
"retirement system," and "salary reduction agreement." 

Sec. 5.  Authorizes an educational institution to enter into a salary
reduction agreement with an employee of the institution only under certain
conditions.  Authorizes a company to certify to TRS that the company offers
a qualified investment product that is an annuity contract under this
section if the company meets certain conditions.  Sets forth certain
requirements for a company that certifies under this section.  Requires TRS
to establish and maintain a list of companies that have certified under
this section.  Requires the list to be available on TRS's Internet website.
Provides that an employee is entitled to designate any agent, broker, or
company through which a qualified investment product my be purchased or
contributions may be made.  Requires employers of employees who participate
in the program offered under this section, to the greatest extent possible,
to require that contributions to eligible qualified investments be made by
automatic payroll deduction and deposited directly in the investment
accounts. 

Sec. 6.  Sets forth certain criteria for a company to meet to be eligible
to certify to TRS under Section 5 of this Act.  Authorizes TRS, after
consultation with the Texas Department of Insurance (TDI) and the State
Securities Board (SSB), to adopt rules to administer certain sections of
this Act.  Requires TRS to refer all complaints about qualified investment
products to the appropriate division of TDI and SSB.  Requires TDI and SSB
to cooperate with TRS in the administration of this Act and to notify TRS
of any action or determination regarding a product or a company that
violates Section 5 of this Act.  Requires TRS to reject or revoke the
certification of a company if TRS receives notice under certain sections of
this Act of a violation regarding the company or the company's product.
Authorizes the company to decertify to the board of trustees.  Requires TRS
to prescribe the uniform notice required by Section 11 of this Act.
Provides that a certification or recertification remains in effect for five
years unless rejected or revoked.  Requires a company offering eligible
qualified-investments that are subject to salary reduction agreements to
provide toll-free telephone transferring privileges at certain times. 

Sec. 7.  Authorizes TRS to collect a fee, not to exceed the administrative
cost to TRS, from a company that certifies or recertifies under Section 6
or 8 of this Act.  Prohibits the fee from exceeding $5,000.  Requires fees
collected under this section to be deposited to the credit of the 403(b)
administrative trust fund (fund).  Creates the fund as a trust fund with
the comptroller and requires the fund to be administered by TRS as a
trustee on behalf of the participants in qualified investment products
offered under this Act. 

Sec. 8.  Authorizes a company that offers qualified investment products
other than annuity contracts to certify to TRS based on rules adopted by
the board of trustees.  Sets forth certain requirements of the rules.
Requires TRS to establish and maintain a list of companies that provide
certification under this section.  Requires the list to be available on
TRS's Internet website. 

 Sec. 9.  Prohibits an educational institution from taking certain actions.

Sec. 10.  Sets forth the provisions for a person committing an offense.
Provides that an offense under this section is a Class A misdemeanor.
Authorizes a person who commits an offense under this section that is also
a criminal offense under the Insurance Code to be prosecuted under this
section or under the Insurance Code, but not under both. 

Sec. 11.  Requires a person who offers to sell an annuity contract that is
or will likely be the subject of a salary reduction agreement to provide
notice to a potential purchaser as provided by this section.  Requires TRS
to make the notice available on request and post the form of the  notice on
TRS's Internet website.  Sets forth certain requirements for the notice
required under this section.  Requires a variable annuity to be accompanied
by certain information.  Requires an equity-based index contract to state
in plain language how the annuity contract will be credited with growth.
Sets forth certain provisions and required actions if a notice and other
information required under this section is not provided. 

Sec. 12.  Requires a company that offers an eligible qualified investment
that is subject to a salary reduction agreement to demonstrate annually to
TRS that each of its representatives are properly licensed and qualified,
by training and continuing education, to sell and service the company's
eligible qualified investments. 

SECTION 24.  Amends Section 16(h), Article 3.50-4, Insurance Code, to
authorize TRS, on request, to grant a waiver of the deadline imposed by
this subsection based on a district's financial or technological resources.
Makes a conforming change. 

SECTION 25.  Amends Article 3.50-4a, Insurance Code, as added by Chapter
372, Acts of the 76th Legislature, Regular Session, 1999, to provide that a
premium or contribution on a policy, insurance contract, or agreement
authorized by this article is not subject to any state tax, regulatory fee,
or surcharge. 

SECTION 26.  Amends Article 3.50-4A, Insurance Code, as added by Chapter
1540, Acts of the 76th Legislature, Regular Session, 1999, by adding
Section 6, as follows: 

Sec. 6. EXEMPTION FROM STATE TAXES AND FEES.  Provides that a premium or
contribution on a policy, insurance contract, or agreement authorized by
this article is not subject to any state tax, regulatory fee, or surcharge. 

SECTION 27.  Amends Section 17.46(b), Business & Commerce Code, to redefine
"false, misleading, or deceptive acts or practices." 

SECTION 28.  Amends Section 17.49, Business & Commerce Code, to provide
that a person who violates Section 17.46(b)(26) is jointly and severally
liable under that subdivision for actual damages, court costs, and
attorney's fees.  Authorizes exemplary damages to be awarded in the event
of fraud or malice, subject to Chapter 41, Civil Practices and Remedies
Code. 

SECTION 29.  Repealer: Chapter 823B (Establishment of Prior Service),
Section 823.202 (Membership Service Previously Waived), Section 823.502
(Credit of Retiree), Section 824.203(e), and Section 824.306 (Report of
Earnings of Disability Retiree), Government Code. 

SECTION 30.  Provides that monthly payments of a death or retirement
benefit annuity by TRS are increased in accordance with this section
beginning with the payment due at the end of September 2001.  Provides that
the increase does not apply to certain payments.  Sets forth the method of
computing the monthly payments for retirees who retired on or before August
31, 2000.  Requires TRS, after making the required computations under this
section, to increase each annuity payable by the system beginning on
September 1, 2001, other than an annuity under certain sections of the
Government Code, by 4.5 percent, which is a benefit equivalent to the
benefit provided by using a 2.3 percent multiplier for computing annuities. 

SECTION 31.  Makes application of the changes in law to Chapter 22, Acts of
the 57th Legislature, 3rd Called Session, 1962 (Article 6228a-5, V.T.C.S.),
by this Act prospective. 

SECTION 32.  Requires TRS to adopt rules required by Section 6, Chapter 22,
Acts of the 57th Legislature, 3rd Called Session, 1962, and prescribe the
notice required by Section 6(g), Chapter 22, Acts of the 57th Legislature,
3rd Called Session, 1962, not later than January 1, 2002. 

 SECTION 33.  (a) Authorizes a member of TRS who was an employee of a
public institution of higher education between certain dates and, as a
condition of employment, was required to be enrolled as a student in the
institution, to establish service credit for employment by the institution
during that period under certain conditions. 

(b) Provides that Section 825.410, Government Code, applies to the payment
of deposits under Subsection (a) of this section, but all payment must be
completed not later than September 1, 2002. 
 
(c) Authorizes service credit that is or was canceled by a termination of
membership in TRS to be reinstated by a member of the Employees Retirement
System of Texas (ERS), notwithstanding Section 805.002(e), Government Code,
if the person reinstating the service purchases the service under Chapter
805, Government Code, not later than September 1, 2002. 

(d) Authorizes a member of ERS who has at least 20 years of service credit
in that system and who was an employee of a public institution of higher
education between certain dates to establish not more than three years of
service credit for employment by that institution during that period under
certain conditions. 

(e) Requires service credit established under Subsection (d) of this
section to be computed under 26 U.S.C. Section 415(n)(1)(A), Internal
Revenue Code of 1986 and its subsequent amendments, and provides that the
credit is not subject to Section 823.006, Government Code. 

SECTION 34.  (a) Effective date: September 1, 2001, except as otherwise
provided by this section. 

(b) Provides that Sections 9, 10, 11, and 12, Chapter 22, Acts of the 57th
Legislature, 3rd Called Session, 1962; Section 17.46, Business & Commerce
Code; and Section 17.49, Business & Commerce Code, take effect June 1,
2002. 

(c) Provides that the changes in law made by this Act to Section
825.408(h), Government Code, and Section 16(h), Article 3.50-4, Insurance
Code, take effect September 1, 2002. 

(d) Makes application of the changes made by this Act to Section 824.602,
Government Code, prospective to the 2001-2002 school year.  Provides that
Section 824.602, Government Code, as amended by this Act, takes effect upon
passage or September 1, 2001.