Amend HB 4802 (house committee report) as follows:

(1)  On page 1, line 22, strike "7.5 percent" and substitute "five percent and applying the adjustment to the amount otherwise being paid under those sections".

(2)  On page 2, line 3, strike "7.5 percent" and substitute "five percent and applying the adjustment to the amount otherwise being paid under those sections".

(3)  Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:

SECTION ____.  The Employees Retirement System of Texas is required to make the cost-of-living adjustments under Section 1 of this Act only if the board of trustees of the Employees Retirement System of Texas finds that the legislature appropriated money to the Judicial Retirement System of Texas Plan One and the Judicial Retirement System of Texas Plan Two in an amount sufficient to provide the adjustments without increasing the unfunded actuarial liabilities of the retirement system. The amount appropriated by the legislature to provide the adjustments must be in addition to any amounts the state is required to contribute to the retirement system under Subchapter B, Chapter 835, or Subchapter B, Chapter 840, Government Code. If the board of trustees of the Employees Retirement System of Texas finds that the legislature did not appropriate money in an amount sufficient to provide the cost-of-living adjustments without increasing the unfunded actuarial liabilities of the retirement system, the retirement system may not make the adjustments.