HBA-TBM S.B. 522 77(R)BILL ANALYSIS


Office of House Bill AnalysisS.B. 522
By: Armbrister
Pensions & Investments
3/30/2001
Engrossed



BACKGROUND AND PURPOSE 

The Texas Municipal Retirement System (TMRS) is a voluntary statewide
retirement system that administers retirement, disability, and death
benefits to employees of Texas cities.  Each participating city is
separately funded, with both employers and employees making contributions
to TMRS.  Employees contribute a portion of their compensation at a
percentage selected by the municipality, and employers contribute as
necessary to support the level of benefits the city has selected to offer.
Senate Bill 522 sets forth changes to TMRS to improve benefit options,
extend death benefits, and decrease the vesting period to five years.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency or institution. 

ANALYSIS

Senate Bill 522 amends the Government Code to modify provisions relating to
participation and credit in, contributions to, and benefits and
administration of the Texas Municipal Retirement System (TMRS).   

The bill authorizes a person to simultaneously be a member of TMRS and
another state or local retirement system authorized or established by the
Texas Constitution; however, service credit with another retirement system
is prohibited from being counted for purposes of retirement eligibility or
benefit computation in TMRS except in accordance with the provisions of the
proportionate retirement system (Sec. 852.106).  

The bill authorizes particular municipalities to permit a member to qualify
and that a member is eligible for retirement if the member is 60 years old
and has at least five years of credit service (Secs. 854.102 and 854.202).
A member may terminate covered employment and remain eligible to retire and
receive a service retirement annuity after the member attains an applicable
age as provided by law if the member has at least five years of credited
service (Sec. 854.205).  The bill provides that a person may earn prorated
interest on a prior or updated service credit (Secs. 853.105 and 853.402).

The bill modifies the procedures required by a municipal ordinance
authorizing TMRS to provide prior service credit for service performed by a
member of TMRS during a probationary employment period (Sec. 853.304).  The
bill increases the maximum computed amount of a lump-sum payment on
retirement from $5,000 to $10,000 (Sec. 854.002).  The bill authorizes the
surviving spouse of a member to leave the member's accumulated
contributions or deposit with TMRS until the date a member would have
attained retirement eligibility rather than accepting an annuity for the
member's accumulated contributions (Sec. 854.003).  The bill requires TMRS
to reduce the amount of a benefit payment that would exceed the limitations
on payment of benefits provided by the federal Internal Revenue Code of
1986 (Sec. 854.007).  
The bill authorizes the board of trustees of TMRS (board) to adopt rules to
allow the beneficiary of a deceased member, who at the time of death was
eligible for service retirement but had not retired, to elect to receive a
partial lump-sum distribution the member could have applied for at the time
of retirement.  The  bill sets forth provisions regarding  a partial
lump-sum distribution payment to the alternative payee in a qualified
domestic relations order (Sec. 854.008).  The bill modifies and adds
provisions regarding the payment of an optional service retirement annuity
and authorizes certain retirees to modify their annuities to include a
pop-up provision which automatically increases a retiree's monthly benefit
if the beneficiary dies before the retiree (Sec. 854.104).  The bill adds
provisions relating to beneficiaries and the selection of an optional
service retirement annuity (Sec. 854.105).  The bill authorizes certain
retirees who marry after the date of the person's retirement to replace a
selected annuity with an optional retirement annuity under certain
conditions (Secs. 854.107 and 854.108).  The bill modifies provisions
regarding a member's designation of a beneficiary of supplemental death
benefits (Sec. 854.605).   

The bill authorizes the board to select one or more commercial banks or
other entities experienced in shortterm cash management to invest the
system's cash balances through its short-term investment fund or funds and
in such short-term securities as the board determines (Sec. 855.301).  The
bill authorizes the board to engage in security lending and sets forth the
requirements for a person to be eligible to lend securities (Sec.
855.3011).  The bill sets forth provisions regarding the creation of a full
benefit arrangement fund under the federal Internal Revenue Code of 1986 to
provide benefits to certain retirement system participants. The bill
authorizes the board to adopt rules for the efficient administration of a
separate fund for the payment of benefits (Sec. 855.608).  The bill repeals
the optional benefit for the designated beneficiary of a vested employee
(Sec. 854.204).   

EFFECTIVE DATE

January 1, 2002.  The five-year vesting period takes effect September 1,
2001.