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  81R15600 SGA-D
 
  By: Truitt H.B. No. 3608
 
  Substitute the following for H.B. No. 3608:
 
  By:  Truitt C.S.H.B. No. 3608
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the deduction of qualified health insurance premiums
  from annuities payable by the Teacher Retirement System of Texas to
  certain retired public safety officers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 824, Government Code, is
  amended by adding Section 824.007 to read as follows:
         Sec. 824.007.  DEDUCTIONS FROM SERVICE OR DISABILITY
  RETIREMENT ANNUITY. (a)  In this section, "program administrator" 
  means the person who administers the uniform program under Section
  1601.102, Insurance Code.
         (b)  An individual eligible to participate in the uniform
  program under Section 1601.102, Insurance Code, may authorize the
  retirement system to deduct the amount of the contribution and any
  other qualified health insurance premium from the individual's
  regular monthly service or disability retirement annuity payment if
  the individual is:
               (1)  eligible to receive a monthly annuity from the
  retirement system greater than the amount of the authorized
  deduction; and
               (2)  eligible under Section 402(l), Internal Revenue
  Code of 1986, or a similar law, to elect to exclude from annual
  gross income up to $3,000 of distributions from an eligible
  retirement plan used for qualified health insurance premiums.
         (c)  An individual may authorize the deduction described by
  Subsection (b) on a form provided by the program administrator. The
  program administrator shall coordinate the implementation of an
  authorization under Subsection (b) with the retirement system.
         (d)  After making the deductions, the retirement system
  shall pay to the program administrator an aggregate amount for all
  individuals who authorize annuity deductions under Subsection (b).
         (e)  If an individual no longer receives a monthly annuity
  greater than the amount of the authorized deduction, the retirement
  system:
               (1)  shall inform the program administrator; and
               (2)  is not required to make any deduction under this
  section for the individual.
         (f)  The retirement system is not required to accept an
  authorization for a deduction under this section if payment of
  qualified health insurance premiums by deduction from a retirement
  plan annuity is not required for an eligible retiree to elect the
  gross income exclusion described by Subsection (b)(2).
         SECTION 2.  This Act takes effect September 1, 2009.