78R6395 SGA-F

By:  Armbrister                                                   S.B. No. 1259


A BILL TO BE ENTITLED
AN ACT
relating to deferred compensation plans for employees of regional education service centers and certain institutions of higher education. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 609.001, Government Code, is amended by amending Subdivisions (6) and (8) and adding Subdivisions (2-a) and (7-a) to read as follows: (2-a) "Institution of higher education" means an institution of higher education as defined by Section 61.003, Education Code, other than a public junior college. (6) "Political subdivision" means a governmental entity in the state that is not a state agency and includes a county, municipality, school district, regional education service center, river authority, other special purpose district or authority, and junior college district. (7-a) "Regional education service center" has the meaning assigned by Section 5.001, Education Code. (8) "State agency" means a board, commission, office, department, or other agency in the executive, judicial, or legislative branch of state government, including an institution of higher education [as defined by Section 61.003, Education Code, but does not include a public junior college]. SECTION 2. Section 609.002, Government Code, is amended to read as follows: Sec. 609.002. QUALIFICATIONS FOR QUALIFIED VENDOR. A vendor may be a qualified vendor for a 457 plan or a 401(k) plan created by a political subdivision, [or] group of political subdivisions, an institution of higher education, or a group of institutions of higher education only if the vendor satisfies the requirements for participation in the deferred compensation plan provided by: (1) this chapter; and (2) the plan administrator. SECTION 3. Section 609.003(b), Government Code, is amended to read as follows: (b) The approval of an investment product for a 401(k) plan of a political subdivision, [or] group of political subdivisions, an institution of higher education, or a group of institutions of higher education must be in accordance with a contract between the plan administrator and a qualified vendor. SECTION 4. Section 609.007, Government Code, is amended by adding Subsection (e) to read as follows: (e) An institution of higher education may contract with an employee of the institution of higher education for the deferment of any part of the employee's compensation. SECTION 5. Chapter 609, Government Code, is amended by adding Subchapter D to read as follows:
SUBCHAPTER D. DEFERRED COMPENSATION PLANS FOR EMPLOYEES OF INSTITUTIONS OF HIGHER EDUCATION
Sec. 609.701. DEFINITIONS. In this subchapter: (1) "Deferred compensation plan" means a plan established under this subchapter. (2) "Deferred compensation trust fund" means the fund in which deferred amounts and investment income of participating employees are temporarily held. (3) "Investment product" includes a fixed or variable rate annuity, mutual fund, certificate of deposit, money market account, passbook savings account, stock, bond, obligation, and any other investment product not prohibited under Section 457, Internal Revenue Code of 1986, as amended. Sec. 609.702. CREATION OF PLAN. (a) An institution of higher education may create and administer for its employees a 457 plan under this subchapter. (b) An institution of higher education may contract with other institutions of higher education to create a single deferred compensation plan for their employees under Subsection (a). Sec. 609.703. DESIGNATION OF PLAN ADMINISTRATOR. (a) An institution of higher education that creates a deferred compensation plan shall designate a plan administrator for the plan. (b) Institutions of higher education that create a single plan shall designate jointly a plan administrator for the plan. (c) A plan administrator may be an employee, a nonprofit corporation, an individual, a trustee, a private entity, another institution of higher education, or an association of institutions of higher education. Sec. 609.704. REMOVAL OF PLAN ADMINISTRATOR. An institution of higher education or group of institutions of higher education that designates a plan administrator may remove the plan administrator at any time unless specifically provided otherwise by contract. Sec. 609.705. OVERSIGHT COMMITTEE. (a) An institution of higher education or group of institutions of higher education that creates a deferred compensation plan may direct and supervise the activities of the plan administrator through an oversight committee. (b) The institution of higher education or group shall determine the authority, activities, and composition of an oversight committee created under this section. Sec. 609.706. AUTHORITY OF PLAN ADMINISTRATOR. (a) A plan administrator shall execute necessary contracts for the administration of the deferred compensation plan, subject to any prior approval required by the institution of higher education or group of institutions of higher education that created the plan. (b) A plan administrator shall develop and implement criteria and procedures for any matter not covered by this subchapter that the plan administrator considers appropriate for the operation of the deferred compensation plan. Sec. 609.707. INVESTMENT AND TRANSFER OF DEFERRED AMOUNTS AND INCOME. The plan administrator shall: (1) invest the deferred amounts and investment income of a participating employee in the qualified investment products designated by the employee; and (2) transfer the deferred amounts and investment income of a participating employee from one qualified investment product to another on the employee's request. Sec. 609.708. PARTICIPATION OF INDEPENDENT CONTRACTORS. (a) The plan administrator shall determine whether a person who provides services as an independent contractor to an institution of higher education that created the plan may participate in the deferred compensation plan. (b) For the purposes of Subchapter A and this subchapter, an independent contractor that is authorized to participate in a deferred compensation plan is treated as an employee of the institution of higher education creating the plan. Sec. 609.709. CHANGING AMOUNT DEFERRED. An employee may change the amount to be deferred by notifying the plan administrator of the change in accordance with the requirements of the administrator. Sec. 609.710. DISTRIBUTION. A plan administrator shall develop and implement procedures for: (1) the designation by a participating employee of a beneficiary to receive the employee's deferred amounts and investment income after the employee's death; and (2) the distribution of a participating employee's deferred amounts and investment income to the employee or the employee's beneficiary, as appropriate, because of the employee's death or termination of employment, a financial hardship, or another reason permissible under federal law. Sec. 609.711. FEE. (a) An institution of higher education or group of institutions of higher education that creates a deferred compensation plan may assess a fee for the administration of the plan against each participating employee. (b) The institution of higher education or group of institutions of higher education shall determine the method for computing and assessing the fee. Sec. 609.712. EVALUATION AND APPROVAL OF QUALIFIED VENDOR. (a) A plan administrator shall develop and implement criteria and procedures for evaluating a vendor's application to become a qualified vendor. (b) A plan administrator may not approve a vendor's application if the vendor is: (1) a state or national bank or savings and loan association, the deposits of which are not insured by the Federal Deposit Insurance Corporation; (2) a credit union, the deposits of which are not insured by the National Credit Union Administration Board; or (3) an insurance company that: (A) is not a member of the Life, Accident, Health, and Hospital Service Insurance Guaranty Association; or (B) is an impaired or insolvent insurer under Article 21.28-D, Insurance Code. (c) On written request, the Texas Department of Insurance shall certify in writing to a plan administrator whether an insurance company is prohibited from being approved as a qualified vendor under Subsection (b)(3). The plan administrator may rely on the certification. Sec. 609.713. NUMBER OF VENDORS UNDER 457 PLAN. The plan administrator of a 457 plan shall determine the minimum and maximum number of vendors that may be qualified vendors for the plan at any given time. Sec. 609.714. CONTRACT WITH QUALIFIED VENDOR. (a) After a plan administrator approves an application of a vendor to become a qualified vendor, the plan administrator shall execute a written contract with the vendor to participate in the deferred compensation plan. (b) A plan administrator shall develop and implement criteria and procedures for evaluating a qualified vendor's investment products to determine whether those products are acceptable as qualified investment products. (c) A qualified vendor may offer to employees participating in a 457 plan only qualified investment products. Sec. 609.715. REGULATION OF QUALIFIED VENDORS. A plan administrator shall develop and implement requirements for qualified vendors and their employees concerning disclosure, reporting, standards of conduct, solicitation, advertising, relationships with participating employees, the nature and quality of services provided to those employees, and other matters. Sec. 609.716. TRANSFER ON VENDOR'S FAILURE. An institution of higher education or group of institutions of higher education that creates a deferred compensation plan may authorize or require as a part of the plan that the plan administrator immediately transfer to the deferred compensation trust fund all deferred amounts and investment income from a vendor who fails to satisfy the requirements of this subchapter or the plan administrator. SECTION 6. This Act takes effect January 1, 2004.