81R38128 SGA-D
 
  By: Duncan S.R. No. 1092
 
 
R E S O L U T I O N
 
         BE IT RESOLVED by the Senate of the State of Texas, 81st
  Legislature, Regular Session, 2009, That Senate Rule 12.03 be
  suspended in part as provided by Senate Rule 12.08 to enable the
  conference committee appointed to resolve the differences on House
  Bill 3347 (plan qualification provisions for and certain
  supplemental payments and health insurance deductions under the
  Teacher Retirement System of Texas) to consider and take action on
  the following matter:
         Senate Rule 12.03(4) is suspended to permit the committee to
  add the following new SECTION 5 to the bill:
         SECTION 5.  (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 to each eligible
  annuitant not later than January 2010 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)  the gross amount of the regular annuity payment to
  which the eligible annuitant is otherwise entitled for the month of
  December 2009; or
               (2)  $500.
         (d)  The supplemental payment is payable without regard to
  any forfeiture of benefits under Section 824.601, Government Code.
  The Teacher Retirement System of Texas shall make applicable tax
  withholding and other legally required deductions before
  disbursing the supplemental payment. A 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 2009, and disregarding any forfeiture of benefits
  under Section 824.601, 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 if the annuitant is a
  beneficiary of a retiree who selected 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 on or before December 31,
  2008. 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 on or before December 31, 2008.
  The supplemental payment shall be made to an alternate payee who is
  an annuitant under Section 804.005, Government Code, only if the
  annuity payment to the alternate payee commenced on or before
  December 31, 2008.  The supplemental payment is in addition to the
  guaranteed number of payments under Section 824.402(a)(3),
  Government Code, Section 824.204(c)(3) or (4), Government Code, or
  Section 824.308(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 who receive a survivor annuity in an
  amount fixed by statute; or
               (4)  Section 824.404(a), Government Code, relating to
  active member survivor beneficiaries who receive 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 supplemental payment is contingent on sufficient
  funds being appropriated from general revenue to the Teacher
  Retirement System of Texas for this purpose and may not be paid from
  trust funds.
         Explanation: This addition is necessary to provide a
  supplemental payment to eligible retirees and beneficiaries who
  receive payments from the Teacher Retirement System of Texas.