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79S30128 DLF-D

By:  Edwards                                                      H.B. No. 122



A BILL TO BE ENTITLED

AN ACT

relating to the benefits of, and participation as a retiree in, the 
Teacher Retirement System of Texas.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 821, Government Code, is 
amended by adding Section 821.010 to read as follows:
	Sec. 821.010.  MINIMUM LEVEL OF BENEFITS GUARANTEED; RIGHT 
TO RETIRE.  (a)  In this section:
		(1)  "Benefits" includes the availability of coverage 
offered under the Texas Public School Employees Group Insurance 
Program or any successor to that program.
		(2)  "Qualifications for retirement" includes any 
matter that is considered to determine whether a member is eligible 
to retire or to receive benefits.  The term includes service credit.
	(b)  It is the policy of this state that benefits provided by 
the retirement system in accordance with this subtitle on January 
1, 2006, establish the minimum benefits for retirees.
	(c)  The retirement system may not reduce a retiree's 
benefits to an amount below the amount to which the retiree is 
entitled on the date the retiree retires.  After retirement, the 
retiree:
		(1)  has the same rights to benefits as the retiree had 
on the date the retiree retired; and
		(2)  may not be required to contribute any amount to 
obtain a benefit that exceeds the percentage cost to the retirement 
system of that benefit, as determined by the board of trustees, 
required to be contributed by the retiree on the date the retiree 
retired.
	(d)  A retiree who retires after January 1, 2006, is entitled 
to at least the same amount of benefits as a retiree with the same 
qualifications for retirement who retired on January 1, 2006.  A 
member of the retirement system is eligible to retire if a person 
with the same qualifications for retirement would have been 
eligible to retire on January 1, 2006.   A retiree who retires after 
January 1, 2006:
		(1)  has the same rights to benefits as a retiree who 
retired with the same qualifications for retirement on January 1, 
2006; and
		(2)  may not be required to contribute any amount to 
obtain a benefit that exceeds the percentage cost to the retirement 
system of that benefit, as determined by the board of trustees, 
required to be contributed by a retiree who retired with the same 
qualifications for retirement on January 1, 2006.
	(e)  In the event of a conflict between this section and 
another law, this section prevails unless the other law expressly:
		(1)  references this section; and                                      
		(2)  states that the other law prevails.                               
	SECTION 2.  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.