By: Hinojosa  S.B. No. 1071
         (In the Senate - Filed March 5, 2021; March 18, 2021, read
  first time and referred to Committee on Finance; April 28, 2021,
  reported adversely, with favorable Committee Substitute by the
  following vote:  Yeas 12, Nays 0; April 28, 2021, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1071 By:  Whitmire
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to disability retirement benefits for certain peace
  officers under the Employees Retirement System of Texas.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 814.207(e), Government Code, is amended
  to read as follows:
         (e)  If a retiring member or retiree under this section
  presents evidence satisfactory to the retirement system that the
  person's occupational disability makes the person incapable of
  substantial gainful activity solely because of the disability and
  is considered a total disability under federal social security law,
  the retirement system shall, notwithstanding Section 811.006,
  increase the person's occupational disability retirement annuity
  to a monthly amount computed based on the maximum salary authorized
  under Schedule C of the position classification salary schedule
  prescribed by the General Appropriations Act, as adjusted from time
  to time [100 percent of the officer's average monthly
  compensation].
         SECTION 2.  (a) Subject to Subsection (b) of this section,
  the Employees Retirement System of Texas shall recompute an annuity
  that first became payable before September 1, 2021, as though
  Section 814.207(e), Government Code, as amended by this Act, was in
  effect on the date the increased annuity first became payable.
         (b)  The first payment of an annuity recomputed under
  Subsection (a) of this section is payable on the first payment date
  occurring on or after the effective date of this Act.
         SECTION 3.  The Employees Retirement System of Texas is
  required to implement a provision of this Act only if the
  legislature appropriates money specifically for that purpose. If
  the legislature does not appropriate money specifically for that
  purpose, the Employees Retirement System of Texas may, but is not
  required to, implement a provision of this Act using other
  appropriations available for that purpose.
         SECTION 4.  This Act takes effect September 1, 2021.
 
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