By Armbrister S.B. No. 292
77R3522 GJH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to programs and systems administered by the Employees
1-3 Retirement System of Texas.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 813.509, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 813.509. CREDIT FOR ACCUMULATED SICK LEAVE. (a) A
1-8 member who holds a position included in the employee class of
1-9 membership during the month that includes the effective date of the
1-10 member's retirement and who retires based on service or a
1-11 disability is entitled to service credit in the retirement system
1-12 for the member's sick leave that has accumulated and is unused on
1-13 the last day of employment.
1-14 (b) A death benefit designee under Section 814.301 or
1-15 814.302 of a member who holds a position included in the employee
1-16 class of membership during the month that includes the member's
1-17 date of death is entitled to service credit in the retirement
1-18 system for the member's sick leave that has accumulated and is
1-19 unused on the member's date of death.
1-20 (c) Sick leave is creditable in the retirement system at the
1-21 rate of one month of service credit for each 20 days, or 160 hours,
1-22 of accumulated sick leave and one month for each fraction of days
1-23 or hours remaining after division of the total hours of accumulated
1-24 sick leave by 160.
2-1 (d) [(b)] A member who holds a position included in the
2-2 employee class may use sick leave creditable under this section to
2-3 satisfy service requirements for:
2-4 (1) retirement under Section 814.104 or 814.107 if the
2-5 sick leave attributed to the eligibility requirements remains
2-6 otherwise unused on the last day of employment;
2-7 (2) the selection of a death benefit plan under
2-8 Section 814.301; and
2-9 (3) the payment of a death benefit plan under Section
2-10 814.301 or 814.302 if the member satisfies the eligibility
2-11 requirements for the selection of a death benefit plan on the date
2-12 of the member's death.
2-13 (e) [(c)] Except as provided by Subsection (f) [(d)], the
2-14 disbursing officer of each department or agency shall, before the
2-15 11th day after the effective date of retirement or date of death of
2-16 one or more employees of the department or agency, certify to the
2-17 retirement system:
2-18 (1) the name of each person:
2-19 (A) whose retirement from the department or
2-20 agency, and from state service, became effective during the
2-21 preceding month; and
2-22 (B) who died during the preceding month; and
2-23 (2) the amount of the person's accumulated sick leave
2-24 on the last day of employment or date of death.
2-25 (f) [(d)] The disbursing officer of a department or agency
2-26 that employs a member who applies for retirement or selects a death
2-27 benefit plan under Subsection (d) [(b)] shall, not more than 90 or
3-1 less than 30 days before the effective date of the member's
3-2 retirement or death benefit selection, certify to the retirement
3-3 system the amount of the member's accumulated and unused sick
3-4 leave. The officer shall immediately notify the retirement system
3-5 if a [the] member who applied for retirement uses sick leave after
3-6 the date of certification.
3-7 (g) [(e)] On receipt of a certification under Subsection (e)
3-8 [(c)] or (f) [(d)], the retirement system shall grant any credit to
3-9 which a retiring member or retiree who is a subject of the
3-10 certification is entitled. An increase in the computation of an
3-11 annuity because of credit provided by this section after a
3-12 certification under Subsection (e) [(c)] begins with the first
3-13 payment that becomes due after certification.
3-14 (h) [(f)] The retirement system shall cancel the retirement
3-15 of a person who used sick leave creditable under this section to
3-16 qualify for service retirement if the sick leave is otherwise used
3-17 by the person before the effective date of retirement.
3-18 (i) [(g)] In this section, "sick leave" does not include
3-19 credit granted under an agency sick-leave pool or under the Family
3-20 and Medical Leave Act of 1993 (Pub. L. 103-3).
3-21 SECTION 2. Section 813.511, Government Code, as added by
3-22 Chapter 1541, Acts of the 76th Legislature, Regular Session, 1999,
3-23 is amended to read as follows:
3-24 Sec. 813.511. CREDIT FOR ACCUMULATED ANNUAL LEAVE. (a) A
3-25 member who holds a position included in the employee class of
3-26 membership during the month that includes the effective date of the
3-27 member's retirement and who retires based on service or a
4-1 disability is entitled to service credit in the retirement system
4-2 for the member's annual leave that has accumulated and is unused on
4-3 the last day of employment.
4-4 (b) A death benefit designee under Section 814.301 or
4-5 814.302 of a member who holds a position included in the employee
4-6 class of membership during the month that includes the member's
4-7 date of death is entitled to service credit in the retirement
4-8 system for the member's annual leave that has accumulated and is
4-9 unused on the member's date of death.
4-10 (c) Annual leave is creditable in the retirement system at
4-11 the rate of one month of service credit for each 20 days, or 160
4-12 hours, of accumulated annual leave and one month for each fraction
4-13 of days or hours remaining after division of the total hours of
4-14 accumulated annual leave by 160.
4-15 (d) [(b)] A member who holds a position included in the
4-16 employee class may use annual leave creditable under this section
4-17 to satisfy service requirements for:
4-18 (1) retirement under Section 814.104 or 814.107 if the
4-19 annual leave attributed to the eligibility requirements remains
4-20 otherwise unused on the last day of employment;
4-21 (2) the selection of a death benefit plan under
4-22 Section 814.301; and
4-23 (3) the payment of a death benefit plan under Section
4-24 814.301 or 814.302 if the member satisfies the eligibility
4-25 requirements for the selection of a death benefit plan on the date
4-26 of the member's death.
4-27 (e) [(c)] Except as provided by Subsection (f) [(d)], the
5-1 disbursing officer of each department or agency shall, before the
5-2 11th day after the effective date of retirement or date of death of
5-3 one or more employees of the department or agency, certify to the
5-4 retirement system:
5-5 (1) the name of each person:
5-6 (A) whose retirement from the department or
5-7 agency, and from state service, became effective during the
5-8 preceding month; and
5-9 (B) who died during the preceding month; and
5-10 (2) the amount of the person's accumulated annual
5-11 leave on the last day of employment or date of death.
5-12 (f) [(d)] The disbursing officer of a department or agency
5-13 that employs a member who applies for retirement or selects a death
5-14 benefit plan under Subsection (d) [(b)] shall, not more than 90 or
5-15 less than 30 days before the effective date of the member's
5-16 retirement or death benefit selection, certify to the retirement
5-17 system the amount of the member's accumulated and unused annual
5-18 leave. The officer shall immediately notify the retirement system
5-19 if a [the] member who applied for retirement uses annual leave
5-20 after the date of certification.
5-21 (g) [(e)] On receipt of a certification under Subsection (e)
5-22 [(c)] or (f) [(d)], the retirement system shall grant any credit to
5-23 which a retiring member or retiree who is a subject of the
5-24 certification is entitled. An increase in the computation of an
5-25 annuity because of credit provided by this section after a
5-26 certification under Subsection (e) [(d)] begins with the first
5-27 payment that becomes due after certification.
6-1 (h) [(f)] The retirement system shall cancel the retirement
6-2 of a person who used annual leave creditable under this section to
6-3 qualify for service retirement if the annual leave is otherwise
6-4 used by the person before the effective date of retirement.
6-5 SECTION 3. Section 814.202, Government Code, is amended by
6-6 adding Subsection (e) to read as follows:
6-7 (e) A member otherwise eligible may not receive a
6-8 nonoccupational disability annuity if the member is eligible for a
6-9 service retirement annuity under Section 814.102 or 814.104.
6-10 SECTION 4. Section 814.207, Government Code, is amended by
6-11 adding Subsection (f) to read as follows:
6-12 (f) An annuity increase under Subsection (e) is not payable
6-13 before the first month following the month in which the
6-14 satisfactory evidence is received by the retirement system under
6-15 Subsection (e).
6-16 SECTION 5. Section 3(a)(8), Texas Employees Uniform Group
6-17 Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
6-18 Code), is amended to read as follows:
6-19 (8) "Dependent" shall mean the spouse of an employee
6-20 or retired employee and:
6-21 (A) an unmarried child under 25 years of age,
6-22 including an adopted child and a stepchild, foster child, or other
6-23 child who is in a regular parent-child relationship;
6-24 (B) any such child, regardless of age, who lives
6-25 with or whose care is provided by an employee or annuitant on a
6-26 regular basis if:
6-27 (i) such child is mentally retarded or
7-1 physically incapacitated to such an extent as to be dependent upon
7-2 the employee or retired employee for care or support, as the
7-3 trustee shall determine;
7-4 (ii) such child's coverage under this Act
7-5 has not lapsed; and
7-6 (iii) if such child is 25 years old or
7-7 older, such child was enrolled as a participant in the health
7-8 benefits coverage under the uniform program on the date of the
7-9 child's 25th birthday; and
7-10 (C) any such child who is unmarried, regardless
7-11 of age, for purposes of health benefits coverage under this Act, on
7-12 expiration of the child's continuation coverage under the
7-13 Consolidated Omnibus Budget Reconciliation Act of 1985 (Pub. L.
7-14 99-272).
7-15 SECTION 6. Section 13B, Texas Employees Uniform Group
7-16 Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
7-17 Code), is amended by adding Subsection (e) to read as follows:
7-18 (e) The trustee may adopt rules for the use of a debit card
7-19 or other similar technology for claims administration under this
7-20 section.
7-21 SECTION 7. Subchapter C, Chapter 615, Government Code, is
7-22 amended by adding Section 615.045 to read as follows:
7-23 Sec. 615.045. RECORDS. (a) Records of individuals listed by
7-24 Section 615.003 and of survivors eligible for benefits under this
7-25 chapter that are in the custody of the retirement system or a
7-26 carrier, administering firm as defined by the Texas Employees
7-27 Uniform Group Insurance Benefits Act (Article 3.50-2, Vernon's
8-1 Texas Insurance Code), or other governmental agency acting with or
8-2 on behalf of the retirement system are confidential, not subject to
8-3 public disclosure, and exempt from the public information
8-4 provisions of Chapter 552, except as otherwise provided by this
8-5 section.
8-6 (b) Records may be released to an eligible survivor or to an
8-7 authorized attorney, family member, or representative acting on
8-8 behalf of the eligible survivor. The retirement system may release
8-9 the records to an administering firm, carrier, agent, or attorney
8-10 acting on behalf of the retirement system, to another governmental
8-11 entity having a legitimate need for the information to perform the
8-12 purposes of the retirement system, or to a party in response to a
8-13 subpoena issued under applicable law.
8-14 (c) The records of individuals listed by Section 615.003,
8-15 and of eligible survivors, remain confidential after release to a
8-16 person as authorized by this section. The records of individuals
8-17 listed by Section 615.003, and of eligible survivors, may become
8-18 part of the public record of an administrative or judicial
8-19 proceeding related to an appeal filed under this chapter, unless
8-20 the records are closed to public access by a protective order
8-21 issued under applicable law.
8-22 SECTION 8. Section 615.074(a), Government Code, is amended
8-23 to read as follows:
8-24 (a) An eligible surviving dependent who is a minor child is
8-25 entitled to continue health insurance coverage until the earlier of
8-26 [the dependent]:
8-27 (1) the date the dependent reaches the age of 18 [21]
9-1 years; or
9-2 (2) the date the dependent becomes eligible for group
9-3 health insurance through another employer.
9-4 SECTION 9. (a) This Act takes effect September 1, 2001.
9-5 (b) The change in law made by this Act to Section
9-6 3(a)(8)(B), Texas Employees Uniform Group Insurance Benefits Act
9-7 (Article 3.50-2, Vernon's Texas Insurance Code), applies only to a
9-8 dependent who is not covered by the basic coverage of a health
9-9 benefits plan under Article 3.50-2, Insurance Code, on August 31,
9-10 2001.