SRC-JEC S.B. 522 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 522
77R3099 GJH-FBy: Armbrister
Intergovernmental Relations
2/27/2001
As Filed


DIGEST AND PURPOSE 

Currently, the Texas Municipal Retirement System provides retirement
benefits for municipal employees.  As proposed, S.B. 522 changes vesting
requirements for members from 10 to five years, creates new benefit options
for retirees, members, and beneficiaries, grants additional authority for
investments, and makes administrative changes.  These amendments respond to
the changing needs of retirees and city workers. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the board of trustees of the
Texas Municipal Retirement System in SECTIONS 23 and 24 (Sections 855.3011
and 855.608, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 851.001, Government Code, to define
"beneficiary," "director," and "vested member." 

SECTION 2.  Amends Section 852.108(g), Government Code, to authorize a
person's beneficiary or the executor or administrator of a person's estate,
if a person with credited service under this section dies before a payment
under Subsection (i) is made, to elect payment as provided by Section
854.105, rather than Section 854.105(c). 

SECTION 3.  Amends Section 852.109(c), Government Code, to make a
conforming change. 

SECTION 4.  Amends Section 853.105(f), Government Code, to provide that if
a person retires under this subtitle on a date other than December 31,
interest on a prior service credit is earned for the partial year in which
the retirement occurs, prorated from January 1 of the year in which the
retirement occurs to the effective date of the retirement. 

SECTION 5.  Amends Sections 853.304(b), (c), and (d), Government Code, as
follows: 

(b)  Requires the retirement system, after it receives a copy of a
municipality's ordinance described by Subsection (a), to furnish to the
municipality a report containing the names of employees who, according to
the retirement system's records, are eligible to receive prior service
credit for probationary employment.  Deletes text regarding a member's
claim to prior service credit. 

(c)  Requires the municipality, after it receives a report under Subsection
(b), rather than after a member has filed a statement of prior service
under this section, to verify the information in the report, rather than
the prior service claimed, and to certify to the retirement system, rather
than board of trustees, the number of months of probationary employment to
which each employee listed on the report appears to be entitled, rather
than the creditable prior service (not exceeding six months) approved, and
the average monthly compensation paid to the member during the period of
probationary employment. 
 
(d)  Requires that the certification by the municipality be received by the
retirement system not later than the first anniversary of the effective
date of the ordinance allowing the credit. Requires the board of trustees
appointed under this subtitle to administer the retirement system (board)
to determine the prior service credit allowable to the member in the manner
provided in Section 852.105 after receiving the certification from the
municipality described by Subsection (c).  Makes a conforming change. 

SECTION 6.  Amends Section 853.402, Government Code, to make conforming
changes to Subsection (f) and to add Subsection (g), to require that an
individual's updated service compensation, if, before January 1, 1999, the
person terminated employment with a participating municipality without
applying for retirement or a refund of accumulated contributions and the
person did not perform credited service in each of the 36 months described
by Subsection (b)(1), be computed as the average monthly compensation for
the number of months for credited service performed during the 36-month
period ending with the last month of the calendar year of the member's most
recent service. 

SECTION 7.  Amends Section 854.002(d), Government Code, to provide that a
person will receive from the retirement system, instead of an annuity, a
single payment equal to the sum of certain elements if on the date of that
person's retirement that sum is $10,000, rather than $5,000, or less. 

SECTION 8.  Amends Section 854.003, Government Code, by amending Subsection
(b) and adding Subsection (h), as follows: 

(b)  Provides that if a member dies before retirement and an annuity
becomes payable under Section 854.105, the member is considered to have
retired on the last day of the month immediately preceding the month in
which death occurred, except as provided by Subsection (h).  Deletes
language related to a valid optional retirement annuity selection on file
with the retirement system. 

(h)  Authorizes a person who is eligible to receive an annuity under
Subsection (b) and is the member's surviving spouse, by notifying the
system not later than the 180th day after the date of the member's death,
to elect to leave the member's accumulated contributions on deposit with
the retirement system until the date the member would have been eligible
for service retirement. Provides that if a surviving spouse makes such
election the deceased member is considered to have retired on the last day
of the month in which the member would have attained an age for service
retirement eligibility.  Provides that an election under this subsection is
revocable before the payment of the first annuity payment by filing a
written application approved by the board to receive the member's
accumulated contributions. 

SECTION 9.  Amends Section 854.007, Government Code, to require the
retirement system to reduce the amount of the benefit to comply with
Section 415, Internal Revenue Code of 1986, and its subsequent amendments,
and the regulations adopted under that section, if the amount of a benefit
payment under this subtitle would exceed the limitations provided by that
section.  Deletes Subsections (a)-(m), which:  define certain terms; relate
to benefits payments exceeding limitations; provide that a benefit is
adjusted to a certain annuity; provide a limit for an annual benefit
payable by the retirement system; provide a limit for payment of benefits
beginning before a member attains age 62; provide a limit if the payment of
a benefit begins after the member attains age 65; provide guidelines for
determining actuarial equivalence; set forth limits to which certain
subsections do not apply; provide a purpose for which this section may not
be applied; authorize the board by rule to eliminate all or any portion of
the limitations if certain conditions are met; prohibit an employer from
certain actions; authorize the annual benefit payable by the retirement
system to be increased under certain conditions; and prohibit the
limitations provided by this section from being applied in certain cases. 

SECTION 10.  Amends Section 854.008, Government Code, by adding Subsections
(f) and (g), as follows: 

 (f)  Provides that if a benefit payable under this section is subject to a
domestic relations order that the retirement system determines is qualified
under Section 804.003, the alternate payee under that order is authorized
to elect to receive a partial lump-sum distribution under Subsection (g). 

(g)  Requires that a partial lump-sum distribution under Subsection (f) be
paid as a single payment, payable at the same time as the first monthly
annuity payment paid to the alternative payee, and requires that it be
deducted from the sum used in computing the alternate payee's annuity.
Requires that the amount of the lump-sum distribution be equal to the
monthly payments, excluding any distributive benefit payments that the
alternate payee would otherwise have received, during certain periods after
the effective date of the member's retirement.  

SECTION 11.  Amends Section 854.102, Government Code, by adding Subsection
(h), to provide that a member is eligible to retire and receive a service
retirement annuity if the member is at least 60 years old and has at least
five years of credited service in the retirement system that is performed
for one or more municipalities to which the five-year vesting provision
under section 854.205 applies. 

SECTION 12.  Amends Section 854.103(b), Government Code, by deleting
language regarding the death of a retiree before 60 monthly payments have
been made. 

SECTION 13.  Amends Section 854.104, Government Code, to amend Subsection
(c) and add Subsections (h)-(j), as follows: 

(c)  Authorizes an eligible person to select an optional annuity that makes
certain provisions, including that after the retiree's death,
three-fourths, rather than two-thirds, of the reduced annuity is payable
throughout the life of a person designated by the retiree; or if the
retiree dies before 60 monthly payments have been made, the remainder of
the 60 payments are payable to the retiree's beneficiary or, if one does
not exist, to the retiree's estate.  Deletes language providing that the
annuity is payable only during the retiree's lifetime. 

(h)  Limits the applicability of Subsection (i) to a person who retired
before September 1, 1997, and who elected, at retirement, to receive a
reduced annuity that is payable until the death of the last to die of the
retiree and a person designated as a beneficiary under Subsection (e). 

(i)  Authorizes the retiree and the beneficiary described in Subsection
(h), if both are alive, to jointly elect in the manner provided by
Subsection (j) to modify the annuity being received. Sets forth provisions
for an annuity modified under this subsection. 

(j)  Requires the retiree and beneficiary, in making the election under
Subsection (i), to execute and acknowledge, as provided by this subsection,
a form stating that they are requesting a modification under Subsection (i)
and that they understand certain consequences of the modification.  Sets
forth requirements for the form. 

SECTION 14.  Amends Section 854.105(a)-(g), Government Code, as follows:

(a)  Authorizes a vested member, rather than a member who is eligible for
service retirement, to, while continuing to perform service for a
participating municipality or after terminating any service, file with the
board, on a form prescribed by the board, a selection of an optional
service retirement annuity available under Section 854.104 and a
designation of beneficiary or a designation of beneficiary without
selecting a retirement option.  Deletes language related to an annuity
payable on the member's retirement. 

(b)  Authorizes a member to change a selection of an optional annuity or a
designation of beneficiary at any time before the member's retirement or
death in the same manner that the  original selection or, rather than and,
designation was, rather than were, made. 

(c)  Authorizes the beneficiary designated under Subsection (a), if a
member eligible under this section to select an optional service retirement
annuity dies before retirement without having made a selection, to select
an optional annuity in the same manner as if the member had made the
selection, subject only to the requirements of the Internal Revenue Code of
1986, and its subsequent amendments, as to the length of time over which
the payments can be made. 

(d)  Authorizes the member's surviving spouse, if a beneficiary has not
been designated under Subsection (a), to elect to receive a refund of the
member's accumulated contributions or an optional annuity in the same
manner as if the member had made the selection.  Deletes the word "select." 

(e)  Authorizes the member's surviving children jointly, if a beneficiary
has not been designated under Subsection (a) and no surviving spouse
exists, to elect to receive a refund or an optional annuity. 

(f)  Authorizes the last person designated by the member as a beneficiary
on a form filed with the retirement system, if there is no surviving spouse
or child, and no beneficiary designated under Subsection (a) exists, to
elect to receive a refund or an optional annuity. 

(g)  Makes provisions for cases in which there is not a person who is
eligible to make a selection under Subsections (c)-(f). 

SECTION 15.  Amends Section 854.106(a), Government Code, to make a
conforming change. 

SECTION 16.  Amends Chapter 854B, Government Code, by adding Sections
854.107 and 854.108, as follows: 

Sec. 854.107.  DESIGNATION OF BENEFICIARY AFTER RETIREMENT UNDER STRAIGHT
LIFE OR GUARANTEED TERM ANNUITY.  (a)  Provides that this section applies
only to a retiree who marries after the date of the person's retirement and
who at the time of retirement selected either of two types of retirement
annuities. 

(b)  Authorizes a retiree described under Subsection (a) to replace the
annuity by selecting an optional retirement annuity under Section
854.104(c)(1), (2), or (5), and by designating the person's spouse as
beneficiary in the same manner as an annuity selection and provides that
designation of beneficiary may be made before retirement. 

(c)  Requires that the selection under Subsection (b) be filed with the
retirement system before the first anniversary of the date of the marriage
unless the postretirement marriage occurred before January 1, 2002, in
which case the selection is required to be filed with the retirement system
before January 1, 2003. 

(d)  Limits to one the number of times a person is authorized to make a
postretirement designation of a beneficiary under this section. 

(e)  Requires the retirement system to adjust the monthly payments of the
annuity under the option selected to an actuarial equivalent amount of the
annuity being paid immediately before the change in benefit option and
beneficiary selection. 

(f)  Provides that the selection of an optional annuity and designation of
a beneficiary under this section is not effective if the retiree or
beneficiary dies before the date the change is to take effect. 

 Sec. 854.108.  DESIGNATION OF BENEFICIARY AFTER RETIREMENT UNDER JOINT AND
SURVIVOR ANNUITY.  (a)  Sets forth criteria for retirees to be affected by
this section.  Makes conforming changes. 

SECTION 17.  Amends Section 854.202, Government Code, by adding Subsection
(j) to set forth eligibility requirements for a member to retire and
receive a service retirement annuity. 

SECTION 18.  Amends Chapter 854C, Government Code, by adding Section
854.205, as follows:   

Sec. 854.205.  FIVE-YEAR VESTING.  (a)  Provides that this section applies
to each municipality unless the municipality's governing board files with
the board before December 31, 2001, an election to not provide for
five-year vesting.  Authorizes a governing board that elects to not provide
five-year vesting to revoke that election by sending notice to the board to
provide for five-year vesting. 

(b)  Authorizes a member, after December 31, 2001, to terminate covered
employment and remain eligible to retire and receive a service retirement
annuity at any time after the member attains 60 years of age if the member
has at least five years of credited service performed for one or more
municipalities to which the five-year vesting provision under this section
applies. 

SECTION 19.  Amends Section 854.304(c), Government Code, to delete text to
make a conforming change. 

SECTION 20.  Amends Section 854.305(c), Government Code, to authorize an
eligible person to select an optional annuity under Section 854.104(c).
Deletes text regarding provisions of an optional annuity. 

SECTION 21.  Amends Section 854.605, Government Code, by adding Subsection
(c) to provide that if a member or retiree who has designated a beneficiary
to receive supplemental death benefits under Section 854.603 or Section
854.604 subsequently designates a different beneficiary to receive other
benefits under this subtitle in the event of the death of the member or
retiree, the supplemental death benefits are required to be paid to the
subsequently designated beneficiary unless the member or retiree
contemporaneously or subsequently designates another beneficiary to receive
the supplemental death benefit. 

SECTION 22.  Amends Section 855.201, Government Code, as follows:

Sec. 855.201.  New heading:  EXECUTIVE DIRECTOR.  Requires the board to
appoint an executive director, rather than a director.  Makes conforming
changes. 

SECTION 23.  Amends Chapter 855D, Government Code, by adding Section
855.3011, as follows: 

Sec. 855.3011.  SECURITIES LENDING.  (a)  Authorizes the board, in the
exercise of its discretion to manage the assets of the retirement system,
to select a person, including a commercial bank or depository trust
company, to lend retirement system securities as provided by this section
and rules adopted by the board. 

(b)  Sets forth requirements for a person to be eligible to lend securities
under this section. 

SECTION 24.  Amends Chapter 855G, Government Code, by adding Section
855.608, as follows: 

Sec. 855.608.  FULL BENEFIT ARRANGEMENT.  (a)  Creates a separate fund for
the payment of benefits under Section 415(m) of the Internal Revenue Code
of 1986, and its  subsequent amendments, solely for the purpose of
providing benefits to participants equal to the amount by which the
participant's annual benefit otherwise payable under this subtitle exceeds
the limitation on benefits imposed by Section 415 of the Internal Revenue
Code of 1986, and its subsequent amendments. 

(b)  Requires the board to administer this section.  Provides that the
board, except as otherwise set forth in this section, has the same rights,
duties, and responsibilities concerning the full benefits arrangement as it
has for the trust fund. 

(c)  Requires that money for the payment of benefits to a participant under
this section be transferred to the separate fund created by this section
from the municipality accumulation fund account of the municipality that
employed the member.  Requires that the monthly amount to pay benefits
under this section be transferred at least 15 days before the date of a
monthly payment to a person receiving annuity benefits under this section. 

(d)  Requires that the full benefits arrangement be administered as a
governmental excess benefit arrangement.  Authorizes the board to adopt
rules for the efficient administration of this section and to maintain
compliance with Section 415(m) of the Internal Revenue Code of 1986, and
its subsequent amendments. 

SECTION 25.  Repealer:  Section 854.204 (Optional Benefit for Designated
Beneficiary of Vested Employee), Government Code. 

SECTION 26.  (a)  Effective date:  January 1, 2002, except as provided by
Subsection (b) of this  
   section.
 (b)  Makes Section 854.205, Government Code, as added by this Act,
effective  September 1, 2001.