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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 81st |
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Legislature, Regular Session, 2009, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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House Bill No. 3347 (plan qualification provisions for and |
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certain supplemental payments and health insurance deductions |
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under the Teacher Retirement System of Texas) to consider and |
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take action on the following matter: |
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Senate Rule 12.03(4) is suspended to permit the committee |
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to add the following new SECTION 5 to the bill: |
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SECTION 5. (a) The Teacher Retirement System of Texas |
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shall make a one-time supplemental payment of a retirement or |
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death benefit as provided by this section. |
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(b) The supplemental payment is payable to each eligible |
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annuitant not later than January 2010 and, to the extent |
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practicable, on a date or dates that coincide with the regular |
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annuity payment payable to each eligible annuitant. |
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(c) The amount of the supplemental payment is equal to |
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the lesser of: |
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(1) the gross amount of the regular annuity payment |
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to which the eligible annuitant is otherwise entitled for the |
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month of December 2009; or |
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(2) $500. |
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(d) The supplemental payment is payable without regard to |
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any forfeiture of benefits under Section 824.601, Government |
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Code. The Teacher Retirement System of Texas shall make |
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applicable tax withholding and other legally required deductions |
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before disbursing the supplemental payment. A supplemental |
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payment under this section is in addition to and not in lieu of |
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the regular monthly annuity payment to which the eligible |
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annuitant is otherwise entitled. |
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(e) Subject to Subsection (f) of this section, to be |
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eligible for the supplemental payment, a person must be, for the |
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month of December 2009, and disregarding any forfeiture of |
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benefits under Section 824.601, Government Code, an annuitant |
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eligible to receive: |
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(1) a standard retirement annuity payment; |
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(2) an optional retirement annuity payment as |
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either a retiree or beneficiary; |
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(3) a life annuity payment under Section |
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824.402(a)(4), Government Code; |
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(4) an annuity for a guaranteed period of 60 months |
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under Section 824.402(a)(3), Government Code; or |
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(5) an alternate payee annuity payment under |
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Section 804.005, Government Code. |
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(f) If the annuitant is a retiree or if the annuitant is a |
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beneficiary of a retiree who selected an optional retirement |
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payment plan, to be eligible for the supplemental payment, the |
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effective date of the retirement of the member of the Teacher |
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Retirement System of Texas must have been on or before December |
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31, 2008. If the annuitant is a beneficiary under Section |
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824.402(a)(3) or (4), Government Code, to be eligible for the |
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supplemental payment, the date of death of the member of the |
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retirement system must have been on or before December 31, 2008. |
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The supplemental payment shall be made to an alternate payee who |
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is an annuitant under Section 804.005, Government Code, only if |
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the annuity payment to the alternate payee commenced on or before |
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December 31, 2008. The supplemental payment is in addition to |
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the guaranteed number of payments under Section 824.402(a)(3), |
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Government Code, Section 824.204(c)(3) or (4), Government Code, |
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or Section 824.308(c)(3) or (4), Government Code, and may not be |
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counted as one of the guaranteed monthly payments. |
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(g) The supplemental payment does not apply to payments |
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under: |
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(1) Section 824.304(a), Government Code, relating |
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to disability retirees with less than 10 years of service credit; |
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(2) Section 824.804(b), Government Code, relating |
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to participants in the deferred retirement option plan with |
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regard to payments from their deferred retirement option plan |
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accounts; |
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(3) Section 824.501(a), Government Code, relating |
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to retiree survivor beneficiaries who receive a survivor annuity |
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in an amount fixed by statute; or |
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(4) Section 824.404(a), Government Code, relating |
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to active member survivor beneficiaries who receive a survivor |
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annuity in an amount fixed by statute. |
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(h) Except as provided by this section, the board of |
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trustees of the Teacher Retirement System of Texas shall |
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determine the eligibility for and the amount and timing of a |
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supplemental payment and the manner in which the payment is made. |
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(i) The supplemental payment is contingent on sufficient |
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funds being appropriated from general revenue to the Teacher |
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Retirement System of Texas for this purpose and may not be paid |
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from trust funds. |
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Explanation: This addition is necessary to provide a |
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supplemental payment to eligible retirees and beneficiaries who |
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receive payments from the Teacher Retirement System of Texas. |
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_______________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on May 31, 2009. |
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_______________________________ |
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Secretary of the Senate |