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79S31601 DLF-D


By:  Eiland, Flynn, Bonnen, et al.                                H.B. No. 73 

Substitute the following for H.B. No. 73:                                     

By:  Eiland                                                   C.S.H.B. No. 73 


A BILL TO BE ENTITLED
AN ACT
relating to public financing of the public education employee retirement system and certain retirement benefits; making an appropriation. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 825.404(a), Government Code, is amended to read as follows: (a) During each fiscal year, the state shall contribute to the retirement system an amount sufficient to amortize, within a 30-year funding period, the actuarial liability of the retirement system for service retirement benefits, disability retirement benefits, and death benefits provided under this subtitle for members, retirees, and beneficiaries. The amount must be determined based on the annual August 31 actuarial valuation and must be equal to at least six and not more than 10 percent of the aggregate annual compensation of all members of the retirement system during that fiscal year. SECTION 2. (a) The Teacher Retirement System of Texas shall make a one-time supplemental payment of a retirement or death benefit, as provided by this section. (b) The supplemental payment is payable in January 2007 and, to the extent practicable, on a date or dates that coincide with the regular annuity payment payable to each eligible annuitant. (c) The amount of the supplemental payment is equal to the lesser of: (1) $2,000; or (2) the gross amount of the regular annuity payment to which the eligible annuitant is otherwise entitled for the month of December 2006. (d) The supplemental payment is payable in January 2007, without regard to any forfeiture of benefits under Section 824.602, Government Code. The Teacher Retirement System of Texas shall make applicable tax withholding and other legally required deductions before disbursing the supplemental payment. The supplemental payment under this section is in addition to and not in lieu of the regular monthly annuity payment to which the eligible annuitant is otherwise entitled. (e) Subject to Subsection (f) of this section, to be eligible for the supplemental payment, a person must be, for the month of December 2006, and disregarding any forfeiture of benefits under Section 824.602, Government Code, an annuitant eligible to receive: (1) a standard retirement annuity payment; (2) an optional retirement annuity payment as either a retiree or beneficiary; (3) a life annuity payment under Section 824.402(a)(4), Government Code; (4) an annuity for a guaranteed period of 60 months under Section 824.402(a)(3), Government Code; or (5) an alternate payee annuity payment under Section 804.005, Government Code. (f) If the annuitant is a retiree or a beneficiary under an optional retirement payment plan, to be eligible for the supplemental payment, the effective date of the retirement of the member of the Teacher Retirement System of Texas must have been before September 1, 2005. If the annuitant is a beneficiary under Section 824.402(a)(3) or (4), Government Code, to be eligible for the supplemental payment, the date of death of the member of the retirement system must have been before September 1, 2005. The supplemental payment shall be made to an alternate payee who is an annuitant under Section 804.005, Government Code, only if the annuity payments to the alternate payee commenced before September 1, 2005. The supplemental payment is in addition to the guaranteed number of payments under Section 824.402(a)(3) or 824.204(c)(3) or (4), Government Code, and may not be counted as one of the guaranteed monthly payments. (g) The supplemental payment does not apply to payments under: (1) Section 824.304(a), Government Code, relating to disability retirees with less than 10 years of service credit; (2) Section 824.804(b), Government Code, relating to participants in the deferred retirement option plan with regard to payments from their deferred retirement option plan accounts; (3) Section 824.501(a), Government Code, relating to retiree survivor beneficiaries receiving a survivor annuity in an amount fixed by statute; or (4) Section 824.404(a), Government Code, relating to active member survivor beneficiaries receiving a survivor annuity in an amount fixed by statute. (h) Except as provided by this section, the board of trustees of the Teacher Retirement System of Texas shall determine the eligibility for and the amount and timing of a supplemental payment and the manner in which the payment is made. (i) The Teacher Retirement System of Texas shall pay the supplemental payment made under this section from the retired reserve account and may transfer to that account from the state contribution account any portion of the amount that exceeds the amount in the retired reserve account available to finance the supplemental payment and that is actuarially determined to be necessary to finance the supplemental payment. The supplemental payment under this section must comply with Section 821.006, Government Code. SECTION 3. The amount necessary to fund the supplemental payment required by Section 2 of this Act (an estimated amount of $310 million) is appropriated out of the general revenue fund to the Teacher Retirement System of Texas for the fiscal year beginning September 1, 2006, for the purpose of funding that supplemental payment. SECTION 4. Section 825.404(a), Government Code, as amended by this Act, applies beginning with the 2007–2008 fiscal year. SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect on the 91st day after the last day of the legislative session.