SRC-JLB H.B. 94 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 94
78R9139 SGA-FBy: McClendon (Armbrister)
Jurisprudence
5/20/2003
Engrossed


DIGEST AND PURPOSE 

In 2001, the 77th Texas Legislature amended the judicial retirement law,
effective January 1, 2002, so that a judge whose last years of service
toward retirement benefits were served as a visiting judge, and who
retires within one year of that service, may obtain the same 10 percent
bump in retirement pay from 50 to 60 percent, as a judge who retires
within one year of the end of elected service.  However, a recent opinion
of the attorney general has declared that this will apply only to those
judges who retire after January 1, 2002, the effective date of the Act.
H.B. 94 allows judges, who have served as visiting judges and from whom
the first year of the judge's last date of service has not occurred, to
obtain the 10 percent increase. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 834.102(b), Government Code, to require the
Employees Retirement System of Texas (ERS) to increase by 10 percent of
the amount of the applicable state salary under Subsection (a) or (d) the
annuity of a member who on the effective date of retirement meets certain
criteria, including has served as a visiting judge in this state and the
first anniversary of the last day of that service has or has not occurred. 
 
SECTION 2.  Amends Section 839.102(b), Government Code, to make a
conforming change. 

SECTION 3.  Requires ERS to recompute the annuities of all persons who
retired or received a death benefit annuity from the Judicial Retirement
System of Texas Plan One or the Judicial Retirement System of Texas Plan
Two before January 1, 2002, as if the changes in law made by Chapter 1240,
Acts of the 77th Legislature, Regular Session, 2001, to Sections
834.102(b) and 839.102(b), Government Code, had been in effect on the date
of the person's retirement or death. Provides that the first payment of
any annuity increased under this section becomes payable with the first
payment due on or after the effective date of this Act. 
 
SECTION 4.  Effective date:  September 1, 2003.