89R16031 RDR-F
 
  By: Hayes H.B. No. 5171
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to providing a one-time supplemental payment and an annual
  cost-of-living adjustment applicable to certain benefits paid by
  the Judicial Retirement System of Texas Plan One and Judicial
  Retirement System of Texas Plan Two.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 834, Government Code, is amended by
  adding Subchapter E to read as follows:
  SUBCHAPTER E.  INCREASES IN BENEFITS
         Sec. 834.401.  ANNUAL COST-OF-LIVING ADJUSTMENT. (a) The
  amount of a service retirement, disability retirement, or death
  benefit paid under this chapter to an annuitant based on service
  credited in the retirement system is increased to include a three
  percent annual cost-of-living adjustment in accordance with this
  section.
         (b)  On September 1 of each year beginning September 2026,
  the board of trustees shall recompute the amount of a benefit paid
  monthly under this chapter by applying the three percent adjustment
  to the monthly amount otherwise required to be paid as determined in
  accordance with this chapter.
         SECTION 2.  Subchapter E, Chapter 839, Government Code, is
  amended by adding Section 839.402 to read as follows:
         Sec. 839.402.  ANNUAL COST-OF-LIVING ADJUSTMENT. (a) The
  amount of a service retirement, disability retirement, or death
  benefit paid under this chapter to an annuitant based on service
  credited in the retirement system is increased to include a three
  percent annual cost-of-living adjustment in accordance with this
  section.
         (b)  On September 1 of each year beginning September 2026,
  the board of trustees shall recompute the amount of a benefit paid
  monthly under this chapter by applying the three percent adjustment
  to the monthly amount otherwise required to be paid as determined in
  accordance with this chapter.
         SECTION 3.  (a)  The Employees Retirement System of Texas
  shall make a one-time supplemental payment of a service retirement,
  disability retirement, or death benefit to each annuitant of the
  Judicial Retirement System of Texas Plan One and the Judicial
  Retirement System of Texas Plan Two as provided by this section.
         (b)  The supplemental payment is payable in September 2025
  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
  gross amount of the regular annuity payment to which the eligible
  annuitant is otherwise entitled for the month of August 2025.
         (d)  The Employees 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 the regular monthly annuity
  payment to which the eligible annuitant is otherwise entitled.
         (e)  To be eligible for the supplemental payment, a person
  must be, for the month of August 2025, an annuitant eligible to
  receive based on service credited in the Judicial Retirement System
  of Texas Plan One or the Judicial Retirement System of Texas Plan
  Two, any of the following benefits under Chapter 834 or 839,
  Government Code:
               (1)  a standard retirement annuity payment;
               (2)  an optional service retirement annuity payment as
  either a retiree or beneficiary;
               (3)  a disability retirement annuity payment; or
               (4)  a death benefit annuity payment.
         (f)  The supplemental payment is in addition to the
  guaranteed number of payments under Section 814.108, Government
  Code, and may not be counted as one of the guaranteed monthly
  payments.
         (g)  Except as provided by this section, the board of
  trustees of the Employees 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.
         SECTION 4.  The Employees Retirement System of Texas is
  required to make a cost-of-living adjustment under Section 834.401
  or 839.402, Government Code, as added by this Act, or a one-time
  supplemental payment of benefits under Section 3 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
  adjustment or payment without increasing the unfunded actuarial
  liabilities of the retirement system.  The amount appropriated by
  the legislature to provide the adjustment or payment 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 adjustment or one-time supplemental payment without
  increasing the unfunded actuarial liabilities of the retirement
  system, the retirement system may not make the adjustment or
  payment.
         SECTION 5.  This Act takes effect September 1, 2025.