SRC-JEC H.B. 1984 78(R)    BILL ANALYSIS


Senate Research CenterH.B. 1984
78R9841 SMJ-DBy: Kuempel (Armbrister)
State Affairs
4/28/2003
Engrossed

DIGEST AND PURPOSE 

H.B. 1984 amends the laws governing the Texas County and District
Retirement System (TCDRS). Changes include:  authorizing members to
reestablish credit for an account previously canceled; allowing public
employers to take over functions of a defunct employer or an employer that
is inadequately funded and to assume the financial obligations of the
previous employer or alter the benefit structure; allowing the creation of
a program to pay benefits that would be limited under federal law without
the program; conforming to the Internal Revenue Code; reducing the maximum
funding period for individual plans with a fixed contribution rate to meet
upcoming accounting standards and to emulate or exceed funding standards
of the teacher and state employee retirement systems; expanding the pool
of potential appointees to the board of trustees to include retirees of
TCDRS; and clarifying administrative issues. 

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 Sections 841.001(6), (7), (8), (18), (19), (20), and
(21), Government Code, as follows:   

 (6)  Redefines "compensation."

 (7)  Redefines "credited service."

 (8)  Redefines "employee."

 (18)  Redefines "supplemental death benefit program."

(19)  Redesignated from Subdivision (21), defining "vested member."
Deletes text of Subdivisions (19) and (20), defining "temporary employee"
and "supplemental death benefit program." 

SECTION 2.  Amends Sections 842.008(a), (f), and (i), Government Code, as
follows: 

(a)  Requires a subdivision participating in the Texas County and District
Retirement System (TCDRS) that has an annually determined contribution
rate plan to elect to contribute in all future years in which the
allocation described by Subsection (b) is necessary at a rate that is
either the rate being paid at the time of the election to discontinue
enrollment or a rate that is greater, rather than an integer percent
greater, than the rate being paid at the time of the election to
discontinue enrollment. 

(f)  Prohibits the governing body of a participating subdivision that is
not enrolling new members in accordance with Subsection (e) from
authorizing a change in a provision of the subdivision's  plan, except
that the governing body is authorized to authorize the adoption of an
option described by this subtitle under certain circumstances.  Deletes
text making the provision conditional, and relating to increases in
annuities and credits. 

 (i)  Makes conforming changes.

SECTION  3.  Amends Sections 842.009(b) and (g), Government Code, to make
conforming changes. 

SECTION  4.  Amends Section 842.010(e), Government Code, to make
conforming changes. 

SECTION 5.  Amends Section 842.101(b), Government Code, to delete text
regarding a member's date of employment and missed credit. 

SECTION  6.  Amends Section 842.108(b), Government Code, to amend
statutory references relating to reestablishment of canceled service
credit. 

SECTION  7.  Amends Section 842.112, Government Code, as follows:

(a)  Authorizes TCDRS to correct any administrative or operational error
by any appropriate means, taking into account any applicable Internal
Revenue Service guidelines.   

(a) - (i)  Deletes the existing text of these subsections, regarding
reporting errors and the correction of errors.  

(b)  The existing text of Subsection (j) is redesignated as Subsection
(b).  

 (k) Deletes the existing text, regarding reestablishment of forfeited
service credit. 

SECTION  8.  Amends the heading to Section 843.003, Government Code, to
read as follows: 

Sec. 843.003.  REESTABLISHING CREDITED SERVICE AND SERVICE CREDIT
PREVIOUSLY FORFEITED. 

SECTION  9.  Amends Sections 843.003(b) and (d), Government Code, as
follows: 

(b)  Provides that a member eligible to reestablish credit under this
section is one who is a member as an employee of the subdivision on the
effective date of an order authorized by the subdivision under Subsection
(a).  Deletes text requiring the member to have had at least 24
consecutive months of service.  Makes conforming changes. 

(d)  Makes nonsubstantive changes.

SECTION  10.  Amends Subchapter A, Chapter 843, Government Code, by adding
Section 843.0031, as follows: 

Sec. 843.0031.  ALTERNATIVE REESTABLISHMENT OF CREDIT SERVICE PREVIOUSLY
FORFEITED; OPTION TO PAY LUMP-SUM AMOUNT.  (a)  Authorizes a member who
has withdrawn contributions from TCDRS and who subsequently resumes
employment with a subdivision to, by application to TCDRS at any time
before retirement, reestablish forfeited prior and current credited
service. 

(b)  Authorizes a member who has withdrawn contributions from TCDRS and
who subsequently resumes employment with a subdivision to at any time
before retirement pay to the system a lump sum in any amount that does not
exceed the actuarial present  value of the additional benefits that would
have been attributable to the withdrawn contributions. 

(c)  Provides that an amount paid under Subsection (b) is not subject to
employer matching contributions, even if the member would otherwise be
eligible under an order adopted under Section 843.003. 

SECTION  11.  Amends Section 843.102, Government Code, by adding
Subsection (c), to provide that a person who has withdrawn contributions
from an account for service for a subdivision and who subsequently resumes
employment with the subdivision is not eligible to receive service credit
under this section for prior service for the subdivision that was not
established before the person withdrew the contributions. 

SECTION  12.  Amends Section 843.103, Government Code, to require a member
eligible to receive prior service credit to claim the credit by filing a
certain statement.  Requires the statement to be filed before the fifth
anniversary of the date the person becomes a member as an employee of the
subdivision.  

SECTION  13.  Amends Section 843.201(d), Government Code,  to provide that
allocated prior service credits are allowable for a subdivision if TCDRS'
actuary determines that the subdivision's unfunded actuarial accrued
liability amortization period will be less than 20, rather than 25, years. 

SECTION  14.  Amends Section 843.203(a), Government Code, to authorize the
governing body of a public employer, rather than a subdivision, that has
taken over the functions, rather than the facilities of a hospital,
utility, or other public facility, formerly performed, rather than
operated, by a participating subdivision to assume in whole or in part the
obligations that the subdivision, rather than former employer, had
undertaken under this subtitle by reason of service performed by members
of the system.  Deletes reference to members who became employees of the
subdivision seeking to participate in the system.  Authorizes the
governing body of a public employer that assumes the obligations of a
subdivision under this section to make a lump-sum deposit to the
appropriate account in TCDRS, in an amount computed by TCDRS' actuary, on
terms approved by the board of trustees of TCDRS (board) and agreed to in
writing by the former employer and the assuming employer, if the former
employer exists, or by the assuming employer alone, if the former employer
does not exist. Makes conforming and nonsubstantive changes. 

SECTION  15.  Amends Section 843.204(b), Government Code, to authorize the
governing body of a subdivision to adopt the provisions of this section if
the board determines that the adoption would not impair the ability of the
subdivision to fund its obligations before the 20th, rather than 25th,
anniversary of the subdivision's most recent actuarial valuation date. 

SECTION  16.  Amends Section 843.401, Government Code, to provide that
current service is service performed by an employee of a participating
subdivision while a member of TCDRS and credited as provided under this
section.  Requires TCDRS to grant one month of current service for each
month for which the required contributions are made, reported, and
certified by the employing subdivision.  Makes conforming and
nonsubstantive changes. 

SECTION  17.  Amends Section 843.403(c), Government Code, to make a
conforming change. 

SECTION  18.  Amends Section 843.601(c), Government Code, to authorize the
governing body of a participating subdivision to authorize the
establishment of credited service, rather than credit, for current service
in TCDRS for qualified military service as provided by this subsection.
Provides that a member eligible to establish credited service for current
service under this subsection is one who has credited service in TCDRS for
at least the minimum period required to receive a service retirement
annuity at the age of 60 from the subdivision from which credit under this
subsection is sought.  Deletes a requirement that the person performed as
an employee at least 10 years of service that is credited in TCDRS.  Makes
conforming and nonsubstantive changes. 

SECTION  19.  Amends Section 844.009(a), Government Code, to authorize the
governing body of a subdivision to adopt the provisions of this section if
the board determines that the adoption would not impair the ability of the
subdivision to fund its obligations before the 20th, rather than 25th,
anniversary of the subdivision's most recent actuarial valuation date. 

SECTION  20.  Amends Subchapter A, Chapter 844, Government Code, by adding
Section 844.010, as follows: 

Sec. 844.010.  CERTAIN BENEFICIARY DESIGNATIONS.  (a)  Provides that a
beneficiary designation that names a former spouse as beneficiary is
invalid for the purposes of this subtitle unless the designation fulfills
certain criteria. 

(b)  Authorizes the board to adopt rules to require consent of a member's
spouse for certain member actions. 

  (c)  Provides that a benefit payable under this subtitle is not subject
to a will, other testamentary document, or the law of intestacy to the
extent that the member, retiree, or other former member has a different
beneficiary under TCDRS than under the testamentary document or law of
intestacy. 

SECTION  21.  Amends Section 844.104(c), Government Code, to specify that
in optional  annuities where a retiree dies before all the payments are
made, the remainder of the payments are payable to the member's spouse
before the estate. 

SECTION  22.  Amends Section 844.208(b), Government Code, to provide an
alternative method of computing the amount of annuity increase if the
person's increase has been effected under certain sections. 

SECTION  23.  Amends Section 844.305(c), Government Code, to make
conforming changes. 

SECTION  24.  Amends Section 844.504, Government Code, to remove text
regarding supplemental death benefits of a retiree who had service with
more than one subdivision. 

SECTION  25.  Amends Sections 844.605(a), (b), and (d), Government Code,
as follows: 

(a)  Authorizes the governing body of a subdivision to provide additional
contributions by adopting a supplemental contribution rate to reduce the
funding period if the actuary determines that the obligations of the
subdivision accumulation fund cannot be amortized within a period of 30,
rather than 40, years. 

(b)  Provides that a supplemental contribution rate is the rate of
contribution by a subdivision to its account in the accumulation fund that
is required, together with certain other contributions, to amortize the
obligations to the accumulation fund within a period of 20, rather than
25, years. 

(d)  Provides that a supplemental contribution rate adopted by the
governing body of a subdivision expires at the end of the 20th, rather
than 25th, calendar year after its effective date. Makes a conforming
change. 

SECTION  26.  Amends Sections 844.606(b), (d), and (e), Government Code,
to make conforming changes. 

SECTION  27.  Amends Section 844.608(b), to make conforming changes.

 SECTION  28.  Amends Sections 844.704(d) and (f), Government Code, as
follows: 

 (d)  Makes conforming changes.

(f)  Requires an order or resolution under this section to be filed with
TCDRS not later than December 15 of the year preceding the year in which
it will take effect. 

SECTION  29.  Amends Section 845.003, Government Code, as follows:

 (a)  Provides that a retiree of TCDRS is eligible to serve on the board.

(b)  Prohibits a person serving on the board, if the person ceases to meet
an eligibility requirement under Subsection (a), rather than ceases to be
an employee of the participating subdivision or fails to attend four
consecutive regular meetings of the board, from acting as a trustee and
requires the person to vacate the office of trustee. 

(c)  Prohibits a person serving as trustee who fails to attend four
consecutive regular meetings of the board of trustees from acting as a
trustee and provides that the person is considered to have vacated the
office of trustee. 

SECTION  30.  Amends Section 845.007(a), Government Code, to require the
board to hold four regular meetings each year.  Deletes the requirement
that the meetings be held in specific months. 

SECTION  31.  Amends Sections 845.309(b) and (e), Government Code, to make
nonsubstantive changes. 

SECTION  32.  Amends Section 845.315(a), Government Code, to make a
nonsubstantive change. 

SECTION  33.  Amends Section 845.402(c), Government Code, to make a
conforming change. 

SECTION  34.  Amends Section 845.407, Government Code, by amending
Subsection (a) and adding Subsection (e), as follows: 

 (a)  Makes a conforming change.

(e)  Authorizes TCDRS to extend the due date provided by this section if a
subdivision applies for an extension before the due date and the director
of TCDRS determines that good cause exists for the extension and that the
need for the extension is not caused by neglect, indifference, or lack of
diligence. 

SECTION  35.  Amends Subchapter  F, Chapter 845, Government Code, by
adding Sections 845.503 and 845.504, as follows: 

Sec. 845.503.  AUTHORITY TO RECOUP OR MAKE ADJUSTMENTS FOR PAYMENTS MADE
IN ERROR.  (a)  Authorizes TCDRS to reduce future payments of benefits
based on the account of a member, a retiree, or other former member to
recoup an amount overpaid or otherwise paid in error to or on behalf of
the member, retiree, or other former member.  Authorizes TCDRS, if no
future payments are due, to recover the overpayment in any manner that is
permitted for the collection of any other debt. 

(b)  Prohibits TCDRS from recovering from a member, retiree, or other
former member any overpayment made more than three years before the date
the overpayment is discovered.  Provides that this subsection does not
apply to an overpayment a reasonable person should know the person is not
entitled to receive. 

 (c)  Authorizes TCDRS to adjust amounts in a subdivision's account in the
subdivision accumulation fund to correct an error related to the account. 

Sec. 845.504.  EXCESS BENEFIT PROGRAM.  (a)  Authorizes the board by rule,
if it determines that it is in the interest of TCDRS and will benefit
members and annuitants, to establish an excess benefits program for the
payment of benefits under Section 415(m) of the Internal Revenue Code of
1986, and its subsequent amendments, that would otherwise be barred by the
limitation on benefits imposed by Section 415 of that code. 

(b)  Authorizes the board by rule, notwithstanding any other provision of
this subtitle, to provide for the transfer of contributions as part of the
excess benefits program in a manner consistent with a governmental excess
benefit arrangement. 

SECTION  36.  Makes application of Section 844.605(d), Government Code, as
amended by this Act, prospective. 

SECTION  37.  Repealers:

Section 843.005 (Adjustment to Credited Service and Current Service
Credit), Government Code. 

 Section 843.106 (Prior Service Certificate), Government Code.

 Section 843.107 (Void Prior Service Certificate), Government Code.

Section 843.601(g) (authorizing a reduction in the minimum credited
service requirement), Government Code. 

SECTION  38.  Effective date:  January 1, 2004.