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A BILL TO BE ENTITLED
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AN ACT
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relating to the systems and programs administered by the Teacher |
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Retirement System of Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 821.001(4) and (6), Government Code, |
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are amended to read as follows: |
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(4) "Annual compensation" means the compensation to a |
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member of the retirement system for service during a 12-month |
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period determined by the retirement system [school year] that is |
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reportable and subject to contributions as provided by Section |
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822.201. |
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(6) "Employee" means a person who is employed, as |
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determined by the retirement system, on other than a temporary |
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basis by a single [an] employer for at least one-half time at a |
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regular rate of pay comparable to that of other persons employed in |
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similar positions. |
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SECTION 2. Section 822.001, Government Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) Membership in the retirement system may only be |
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established through employment with a single employer on at least a |
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half-time basis. |
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SECTION 3. Section 822.003(c), Government Code, is amended |
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to read as follows: |
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(c) A person does not terminate membership under Subsection |
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(a)(4) if the person: |
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(1) is performing military service creditable in the |
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retirement system; |
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(2) is on leave of absence from employment in a public |
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school; [or] |
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(3) is earning service credit in another retirement |
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system covered by Chapter 803 or 805; or |
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(4) is employed by an employer covered by the |
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retirement system and is not eligible for membership in the |
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retirement system because the person is employed on less than a |
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half-time basis. |
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SECTION 4. Section 822.005(c), Government Code, is amended |
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to read as follows: |
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(c) A person is not entitled to withdraw contributions if |
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the person [who] is employed, has applied for employment, or has |
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received a promise of employment with an employer [, in a position] |
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covered by the retirement system. |
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SECTION 5. Section 823.401, Government Code, is amended by |
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amending Subsection (f) and adding Subsection (f-1) to read as |
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follows: |
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(f) Except as provided by Subsection (f-1), the [The] amount |
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of service credit a member may establish under this section may not |
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exceed the lesser of the number of years of membership service |
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credit the member has in the retirement system for actual service in |
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public schools or 15 years. |
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(f-1) A member may not purchase more than five years of |
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service credit under this section for service credit considered |
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nonqualified service credit under Section 415(n)(3), Internal |
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Revenue Code of 1986. |
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SECTION 6. Section 825.115, Government Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) Notwithstanding any other law, Chapter 551 does not |
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apply to an assembly of the board of trustees or one of the board's |
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committees while attending a summit, conference, convention, |
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workshop, or other event held for educational purposes if the |
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assembly or committee does not deliberate, vote, or take action on a |
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specific matter of public business or public policy over which the |
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board of trustees or a committee of the board has supervision or |
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control. This subsection does not apply to a regular, special, or |
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emergency meeting of the board of trustees scheduled or called |
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under the board's bylaws. |
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SECTION 7. Section 825.4092(c), Government Code, is amended |
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to read as follows: |
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(c) Except as provided by Subsection (e), each payroll |
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period, for each retiree who is enrolled in the Texas Public School |
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Employees Group Insurance Program under Chapter 1575, Insurance |
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Code, the employer who reports the employment of a retiree shall |
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contribute to the trust fund established under that chapter an |
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amount established by the retirement system. In determining the |
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amount to be contributed by the employer under this subsection, the |
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retirement system shall consider [any difference between] the |
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amount a [the] retiree is required to pay for the retiree and any |
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enrolled dependents to participate in the group program and the |
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[full] cost of the retiree's and enrolled dependents' participation |
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in the group program[, as determined by the retirement system]. If |
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more than one employer reports the retiree to the retirement system |
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during a month, the amount of the required payment shall be prorated |
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among the employers. |
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SECTION 8. Section 1575.204(b), Insurance Code, is amended |
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to read as follows: |
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(b) Each state fiscal year, each employer who reports to the |
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retirement system under Section 824.6022, Government Code, the |
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employment of a retiree who is enrolled in and receiving coverage |
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under the group program shall contribute to the fund an amount |
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established by the trustee. In determining the amount to be |
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contributed by the employer under this subsection, the trustee |
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shall consider the [difference, if any, between the contribution] |
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amount a [that the reported] retiree is required to pay for the |
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retiree and any enrolled dependents to participate in the group |
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program and the [full] cost of all retirees' [the retiree's] and |
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enrolled dependents' participation in the group program [, as
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determined by the trustee]. If more than one employer reports the |
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retiree to the retirement system during a month, the amount of the |
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contribution required by this subsection shall be prorated among |
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the employers. The amounts required to be paid under this |
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subsection are not required to be paid by a reporting employer for a |
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retiree who retired from the retirement system before September 1, |
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2005. |
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SECTION 9. (a) A joint interim committee is created to |
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study and review the health benefit plans, including TRS-Care and |
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TRS-ActiveCare, operated under Chapters 1575 and 1579, Insurance |
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Code, and propose reforms to address issues described by Subsection |
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(f) of this section. |
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(b) The joint interim committee shall be composed of three |
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senators appointed by the lieutenant governor and three members of |
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the house of representatives appointed by the speaker of the house |
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of representatives. |
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(c) The lieutenant governor and speaker of the house of |
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representatives shall each designate a co-chair from among the |
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joint interim committee members. |
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(d) The joint interim committee shall convene at the joint |
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call of the co-chairs. |
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(e) The joint interim committee has all other powers and |
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duties provided to a special or select committee by the rules of the |
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senate and house of representatives, by Subchapter B, Chapter 301, |
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Government Code, and by policies of the senate and house committees |
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on administration. |
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(f) The joint interim committee created by this section |
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shall study the health benefit plans, including TRS-Care and |
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TRS-ActiveCare, operated under Chapters 1575 and 1579, Insurance |
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Code, to examine and assess the following issues: |
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(1) the financial soundness of the plans; |
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(2) the cost and affordability of plan coverage to |
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persons eligible for coverage under the plans; and |
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(3) the sufficiency of access to physicians and health |
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care providers under the plans. |
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(g) Not later than January 15, 2017, the joint interim |
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committee created by this section shall report the committee's |
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findings and recommendations to the lieutenant governor, the |
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speaker of the house of representatives, and the governor. The |
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joint interim committee shall include in its recommendations |
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specific statutory and regulatory changes that appear necessary |
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from the results of the committee's study under Subsection (f) of |
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this section. |
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(h) Not later than the 60th day after the effective date of |
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this Act, the lieutenant governor and speaker of the house of |
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representatives shall appoint the members of the joint interim |
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committee created under this section. |
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(i) The joint interim committee created by this section is |
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abolished and this section expires January 20, 2017. |
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SECTION 10. Section 821.001(4), Government Code, as amended |
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by this Act, applies only to a member of the Teacher Retirement |
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System of Texas who retires or dies on or after the effective date |
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of this Act. |
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SECTION 11. Section 825.4092(c), Government Code, as |
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amended by this Act, applies to a retiree of the Teacher Retirement |
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System of Texas regardless of whether the person retired from |
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employment before, on, or after the effective date of this Act. |
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SECTION 12. This Act takes effect September 1, 2015. |
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