HBA-SEB H.B. 2701 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2701
By: Greenberg
Pensions and Investments
4/10/1999
Introduced



BACKGROUND AND PURPOSE 

H.B. 2701 modifies certain provisions of the law that governs the Teacher
Retirement System of Texas (TRS).  It establishes guidelines for an
optional retirement program, allows a member to change beneficiaries after
retirement, creates a partial lump-sum distribution option, requires
employers to report to TRS information about member and employer
contributions, authorizes TRS to contract for specific insurance services,
and makes other amendments.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Teacher Retirement System of Texas
(TRS) in SECTION 2 (Section 822.0025, Government Code) and in SECTION 22
(Section 3, Article 3.50-4A, Insurance Code) and to the board of trustees
of TRS in SECTION 10 (Section 824.2045, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 822.002(a), Government Code, to provide that an
employee of the public school system is not permitted to be a member of the
Teacher Retirement System of Texas (TRS) if the employee is eligible and
elects to participate in the optional retirement program under Chapter 830
(Optional Retirement Program), except as provided by Section 822.0025. 

SECTION 2.  Amends Subchapter A, Chapter 822, Government Code, by adding
Section 822.0025, as follows: 

Sec. 822.0025.  OPTIONAL MEMBERSHIP.  Authorizes a person participating in
the optional retirement program to make a one-time election to cease
participation in that program and become a member of TRS.  Authorizes a
contributing member of TRS who holds a position included in the coverage of
the optional retirement program to cease participation in TRS and begin
participation in that program.  Requires TRS to prescribe the form and
details of such an election.  Provides that the election must be filed with
the retirement system and the institution of higher education by which the
person is employed. Authorizes TRS to adopt rules for the implementation of
the election, including rules to prevent contract violations under optional
retirement program coverage and simultaneous credit under TRS and the
optional retirement program for the same service. 

SECTION 3.  Amends Subchapter C, Chapter 823, Government Code, by adding
Section 823.203, as follows: 

Sec. 823.203.  MEMBERSHIP SERVICE FOR OPTIONAL RETIREMENT PROGRAM.
Prohibits a member from establishing service credit in TRS for any period
when the member was participating in the optional retirement program.   

SECTION 4.  Amends Sections 823.501(b) and (f), Government Code, as follows:

(b)  Provides that a person eligible to reinstate service credit is one who
is a member, rather than a contributing member, of TRS at the time the
service is reinstated.   

 (f)  Makes conforming changes.

SECTION 5.  Amends Section 824.101(c), Government Code, to make conforming
changes. 

SECTION 6.  Amends Section 824.1011(a), Government Code, to authorize a
retiree who is receiving a standard service or disability retirement
annuity and who marries after retirement to replace the annuity by
selecting an optional retirement annuity and designating the person's
spouse as beneficiary before the second, rather than the first, anniversary
of marriage. 

SECTION 7.  Redesignates Section 824.1012, as added by Chapter 1416, Acts
of the 75th Legislature, Regular Session, 1997, as Section 824.1013.
Section 824.1013, as redesignated, pertains to a change of beneficiary
after retirement.   

SECTION 8.  Amends Section 824.202, Government Code, by adding Subsection
(g), to require TRS to consider service performed in this state as a
participant in the optional retirement program as if it were service for
which credit is established in TRS for the sole purpose of determining
eligibility to receive a service retirement annuity.   

SECTION 9.  Amends Sections 824.203(a) and (e), Government Code, to
increase the multiplier from two percent to 2.1 percent for computing a
standard service retirement annuity or death benefit annuity.   

SECTION 10.  Amends Subchapter C, Chapter 824, Government Code, by adding
Section 824.2045, as follows: 

Sec. 824.2045.  PARTIAL LUMP-SUM OPTION.  (a)  Authorizes a member to
select a standard service retirement annuity or an optional service
retirement annuity, together with a partial lump-sum distribution, if the
member is eligible for an unreduced service retirement annuity and is not
participating in the deferred retirement option plan (DROP).   

(b)  Prohibits the amount of the lump-sum distribution from exceeding the
sum of 36 months of a standard service retirement annuity.   

(c)  Requires the service retirement annuity selected by the member to be
actuarially reduced to reflect the lump-sum option selected be the member.
Requires the service retirement annuity to be actuarially equivalent to a
standard or optional service retirement annuity, as applicable, without the
partial lump-sum distribution.  Requires the annuity and lump sum to be
computed to result in no actuarial loss to TRS.   

(d)  Authorizes the retiring member to choose a lump sum equal to 12 months
of a standard service retirement annuity and payable at the same time that
the first monthly payment of the annuity is paid, a lump sum equal to 24
months of a standard annuity and payable in one or two annual payments, or
a lump sum equal to 36 months of a standard annuity and payable in one,
two, or three annual payments. 

(e)  Provides that the amount of the lump-sum distribution will be deducted
from any amounts otherwise payable under Section 824.503 (Return of Excess
Contributions). 

(f)  Authorizes the partial lump-sum option to be elected only once by a
member and prohibits it from being elected by a retiree.  Provides that a
member retiring under the proportionate retirement program is not eligible
for the partial lump-sum distribution. 

(g)  Authorizes the board of trustees of TRS (board) to adopt rules for the
implementation of this section. 

SECTION 11.  Amends Section 824.304, Government Code, by adding Subsection
(e), to require TRS to consider service performed in this state as a
participant in the optional retirement program as if it were service for
which credit is established in TRS, for the sole purpose of determining
eligibility to receive a disability retirement annuity. 
 
SECTION 12.  Amends Sections 824.602(a) and (d), Government Code, as
follows: 

(a)  Prohibits TRS from withholding a monthly benefit payment if the
retiree is employed in a Texas public educational institution in one or
more positions on as much as a full-time basis of the work occurs in not
more than six months of a school year that begins after the retiree's
effective date of retirement.  Makes conforming changes. 

(d)  Makes conforming changes.

SECTION 13.  Amends Section 824.802(a), Government Code, to authorize a
contributing member, before September 1, 1999, to elect to participate in
DROP if the member is eligible to retire and receive an unreduced standard
service retirement annuity, has at least 25 years of service credit in TRS,
and remains an employee. 

SECTION 14.  Amends Section 824.805, Government Code, to provide that a
member terminates participation in DROP by retirement, death, or expiration
of the approved participation period, with an exception.  Authorizes a
member participating in DROP on September 1, 1999, to elect to continue
participation in DROP before September 1, 2000, on a specific form.
Requires TRS to make account transfers and change records for a member who
elects to discontinue participation in DROP as if the member had never
participated in DROP. 

SECTION 15.  Amends Section 825.405(c), Government Code, to require
employers, on a monthly basis, to report to TRS in a specific form a
certification of the total amount of salary paid above the statutory
minimum salary and the total amount of employer contributions due for the
payroll period. Requires employers, monthly, to also retain information, as
determined by TRS, sufficient to allow the administration of this section
(Tables for Determination of Death Benefit Annuity).    

SECTION 16.  Amends Section 825.406(c), Government Code, to require
employers, on a monthly basis, to report to TRS in a specific form a
certification of the total amount of salary paid from federal funds and
private grants and the total amounts provided by the funds and grants for
state contributions for the employees.  Requires employers, monthly, to
also retain specific information. Redesignates Subdivisions (1)-(5) to
Subdivisions (2)(A)-(E).   

SECTION 17.  Amends Section 825.407(c), Government Code, to require the
designated disbursing officer of each general academic teaching institution
and of each medical and dental unit to submit to TRS, at a time and in a
manner prescribed by TRS, a monthly report containing a certification of
the total amount of salary paid from noneducational and general funds and
the total amount of employer contributions due for the payroll period and
to maintain specific information.  Redesignates Subdivisions (1), (2), and
(4) to Subdivisions (2)(A), (2)(B), and (2)(C), respectively.  Makes a
conforming change. 

SECTION 18.  Amends Section 825.408(a), Government Code, to require an
employing district that fails to remit documentation of all member and all
employer deposits within a specific time frame each month to pay to TRS
interest on the undocumented amounts at an annual rate compounded monthly.

SECTION 19.  Amends Section 825.515, Government Code, to require TRS, at
least annually, to acquire and maintain records identifying members and the
types of positions they hold as members. Requires the type of position to
be identified as Administrative/Professional, Teacher/Full-Time Librarian,
or Bus Driver.  Deletes existing text requiring specific information to be
provided to the commissioner of education.   

SECTION 20.  Amends Sections 825.516(a) and (b), Government Code, to
authorize a retiree who is receiving an annuity from TRS to request TRS to
withhold membership dues from the member's annuity for a nonprofit
association of retired school employees in this state if the association is
statewide and its membership includes at least five percent of all retirees
of TRS.  Authorizes, rather than requires, TRS to make requested deductions
within a specific time frame. 

SECTION 21.  Amends Section 16A(d), Article 3.50-4, Insurance Code, to make
conforming  changes.   
SECTION 22.  Amends Subchapter E, Chapter 3, Insurance Code, by adding
Article 3.50-4A, as follows: 

ART. 3.50-4A.  INSURANCE FOR SCHOOL DISTRICT EMPLOYEES 
AND RETIREES 

Sec. 1.  DEFINITIONS.  Defines "employee," "retiree," and "trustee."

Sec. 2.  INSURANCE COVERAGE.  Requires TRS, as trustee, to contract with
one or more carriers authorized to provide life insurance in this state to
offer employees and retirees optional permanent life insurance coverage.
Requires TRS to contract with one or more carriers authorized to provide
long-term health care insurance in this state to offer employees and
retirees optional long-term health insurance coverage.  Requires the
long-term insurance coverage to include home, community, and institutional
care.  Requires TRS to contract with one or more carriers authorized to
provide disability insurance in this state to offer employees optional
insurance against short-term or long-term loss of salary because of a
disability. Specifies that a contract is subject to competitive bidding.
Requires insurance coverage provided under this section to be made
available periodically during open enrollment periods determined by TRS.   

Sec. 3.  ADMINISTRATION.  Requires TRS to adopt rules for the selection of
contractors. Provides that the rules must require the contractors to
administer enrollment, adjudication of claims, and coordination of services
under the insurance coverages and must require the contractors to account
for premiums collected and disbursed.  Authorizes TRS to adopt other rules
necessary to administer the program under this article.   

Sec. 4.  PARTICIPATION IN COVERAGE.  Requires TRS to offer the coverages to
employees through their employers and to retirees through the
administration of TRS. Establishes that the full cost of premiums in a plan
of insurance coverage is the responsibility of the enrollees.  Requires an
employee participating in a plan of insurance coverage to pay premiums by
payroll deduction at the times and in the manner provided by TRS.  Requires
a retiree participating in a plan of insurance coverage to pay premiums by
deduction from the retiree's monthly retirement annuity. 

Sec. 5.  SCHOOL DISTRICT EMPLOYEES AND RETIREES OPTIONAL INSURANCE TRUST
FUND.  Creates the school district employees and retirees optional
insurance trust fund as a trust fund outside the state treasury to be held
by the Texas Treasury Safekeeping Trust Company and administered by TRS on
behalf of the participants in the plans of insurance coverage.  Requires
premiums paid by enrollees, amounts recovered under contracts, and
investment and depository income to be credited to the fund.  Authorizes
money in the fund to be used only for the purpose of providing the program
of insurance coverage, including the expenses of administering the program.
Authorizes TRS to invest the fund in the manner provided by Section
67(a)(3), Article XVI, Texas Constitution (regarding the investment of
funds of state and local retirement systems).   

SECTION 23.  Amends Subchapter B, Chapter 609, Government Code, by adding
Section 609.1015, as follows: 

Sec. 609.1015.  CREATION OF PLAN; PARTICIPATION.  Establishes that the
board is the trustee and the plan administrator for a 457 plan it shall
establish for school district employees who are members of TRS.  Requires
the board to administer all aspects of the plan.  Authorizes the board to
designate a person to assist in the execution of the board's authority and
responsibilities as plan administrator. 

SECTION 24.  Amends Sections 22.004(c) and (d), Education Code, as follows:

(c)  Requires each district to report the district's compliance with this
subsection to the executive director of TRS not later than March 1 of each
even-numbered year, rather than  November 1 of each year.  Provides that
the report must be based on the district group coverage plan in effect
during the preceding plan year.  Makes a conforming change. 

(d)  Requires the executive director to submit a report to the legislature
not later than September 1 of each even-numbered year, rather than January
1 of each odd-numbered year, describing the status of each district's group
health coverage program based on the information contained in the report
under Subsection (c) and a specific certification. 

SECTION 25.  Establishes that monthly benefits of a death or retirement
benefit annuity by TRS are increased beginning with the payment due at the
end of September 1999.  Provides that the increase does not apply to
payments under Section 824.304(a) (regarding disability retirement benefits
for a person with less that 10 years of service credit), 824.404 (Survivor
Benefits), or 824.501 (Survivor Benefits), Government Code.  Sets forth the
computation for the amount of the monthly increase, ranging from five to
seven percent, depending upon the latest retirement date or, if applicable,
date of death.  Requires TRS to increase each recomputed annuity by five
percent, which is a benefit equivalent to the benefit provided by using a
2.1 percent multiplier for computing annuities. 

SECTION 26.  (a)  Authorizes a person, before September 1, 2000, to replace
an annuity by selecting an optional annuity and designating the person's
spouse as beneficiary if the person is receiving a standard service or
disability retirement annuity and married after retirement but before
September 1, 1999.  Provides that this subsection applies notwithstanding
Section 824.1011, Government Code, as amended by this Act, and as if the
person had married after September 1, 1999.   

(b)  Authorizes a person receiving a standard disability retirement annuity
on the effective date of this Act to replace the annuity before September
1, 2001, by selecting an optional annuity described by Section 824.308,
Government Code (Optional Disability Retirement Benefits), if the person
retired before September 1, 1992.  Provides that this subsection applies
notwithstanding Section 824.1011, Government Code, as amended by this Act.

SECTION 27.  Effective date: September 1, 1999.

SECTION 28.  Emergency clause.