BILL ANALYSIS

 

 

Senate Research Center                                                                                                 C.S.S.B. 179

                                                                                                                                   By: Wentworth

                                                                                                                                       State Affairs

                                                                                                                                              4/5/2005

                                                                                                        Committee Report (Substituted)

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

In 2001, the 77th Legislature, Regular Session, amended the judicial retirement law, effective January 1, 2002, so that a judge whose last years of service were served as a visiting judge, and who retires within one year of that service, may obtain the same 10 percent increase in retirement pay, from 50 to 60 percent, as a judge who retires within one year of the end of elected service.  However, a 2002 attorney general opinion declared that the 2001 amendments apply only to those visiting judges who retired after January 1, 2002, the effective date of the Act.

 

C.S.S.B. 179 extends the 10 percent retirement pay increase to the approximately 29 former visiting judges who retired before January 1, 2002, within one year of their last date of service as a visiting judge.

 

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.  Requires the Employees Retirement System of Texas to recompute the annuities of all persons who retired or received a death benefit annuity from the Judicial Retirement System of Texas Plan One or the Judicial Retirement System of Texas Plan Two before January 1, 2002, as if the changes in the law made by Chapter 1240, Acts of the 77th Legislature, Regular Session, 2001, to Sections 834.102(b) and 839.102(b), Government Code, had been in effect on the date of the person's retirement or death.  Provides that the first payment of any annuity increased under this section becomes payable with the first payment due on or after the effective date of this Act.

 

SECTION 2.  Effective date: September 1, 2005.