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.