C.S.H.B. 94 78(R) BILL ANALYSIS C.S.H.B. 94 By: McClendon Pensions & Investments Committee Report (Substituted) BACKGROUND AND PURPOSE The 77th Legislature amended the judicial retirement law effective, January 1, 2002, so that judges whose last years of service toward retirement benefits were serving as a visiting judge, and who retire within one year of that service, may obtain the same 10% "bump" in retirement pay from 50 to 60 percent, as those judges who retire within one year of the end of their elected services. 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. CSHB 94 would allow judges, who have served as visiting judges and from whom the first year of their last date of service has not occurred, to obtain the 10 percent increase. This bill would effectively treat all retired judges who act as visiting judges equally. RULEMAKING AUTHORITY This bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS SECTION 1. Amend Section 834.102 (b), Government Code, by increasing 10 percent by the amount of the applicable state salary or the annuity of a member who on the effective date or retirement: 1. has not been out of judicial office for more than one year; or 2. 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, by increasing 10 percent by the amount of the applicable state salary or the annuity of a member who on the effective date or retirement: 1. has not been out of judicial office for more than one year; or 2. 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 3. Retroactive clause. Requires ERS to go back and recalculate the annuities or death benefits for those in Judicial Retirement System One and Two before January 1, 2002 as if the this Act had been in effect upon that person's retirement or death. Newly calculated payments begin on the effective date of this Act. SECTION 4: Effective date. EFFECTIVE DATE This Act takes effect on September 1, 2003. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 3 of the substitute bill makes the provisions of this Act retroactive to accommodate those persons who retired or died and received a benefit prior to January 1, 2002. Provides that the newly calculated payments begin on the effective date of this Act.