HBA-SEB C.S.S.B. 1144 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 1144
By: Fraser
Pensions and Investments
5/19/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, district attorneys and criminal district attorneys are eligible
for participation in the elected class of the Employees Retirement System
of Texas.  In the contribution system, a state-paid prosecutor or judge
contributes six percent of the member's salary into a retirement account.
The two professionals earn the same salary, but after 20 years of service
credit a prosecutor becomes entitled to a pension equal to 45 percent of a
district judge's salary while a judge becomes entitled to 60 percent.   

C.S.S.B. 1144 provides that the standard service retirement annuity payable
for at least 20 years service credit as a district or criminal district
attorney or a county attorney performing the duties of a district attorney
by a person who first received credit for the service before September 1,
1985, is an amount equal to 60 percent of the state salary being paid a
district judge or the amount computed for service retirement benefits for
elected class service, whichever is greater. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 814, Government Code, by adding
Section 814.1031, as follows: 

Sec. 814.1031.  SERVICE RETIREMENT BENEFITS FOR CERTAIN SERVICE AS DISTRICT
OR CRIMINAL DISTRICT ATTORNEY OR COUNTY ATTORNEY PERFORMING DISTRICT
ATTORNEY DUTIES.  Provides that the standard service retirement annuity
payable for at least 20 years service credit as a district or criminal
district attorney or a county attorney performing the duties of a district
attorney by a person who first received credit for the service before
September 1, 1985, is an amount equal to the greater of 60 percent of the
state salary being paid a district judge, as adjusted from time to time, or
the amount computed under Section 814.103 (Service Retirement Benefits for
Elected Class Service), notwithstanding that section.     

SECTION 2.  Amends Section 812.002(a), Government Code, to include in the
membership of the elected class of the Employees Retirement System of Texas
(ERS) a county attorney performing the duties of a district attorney.   

SECTION 3.  Amends Section 814.108(a), Government Code, to make a
conforming change. 

SECTION 4.  Requires ERS to recompute each annuity that is being paid on
August 31, 1999, and that is based on the service of a district or criminal
district attorney or a county attorney performing the duties of a district
attorney who had service credit for that service in ERS before September 1,
1985, as if Section 814.1031, Government Code, as added by this Act, had
been in effect on the date of retirement or death for which the annuity is
payable.  Provides that an annuity as recomputed under this section becomes
payable on the first payment that becomes due on or after the effective
date of this Act. 
 
SECTION 5.  Provides that the change in law made by this Act to Section
812.002(a), Government Code, is intended to clarify the law in effect and
being administered immediately before the effective date of this Act. 

SECTION 6.  Effective date: September 1, 1999.

SECTION 7.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in SECTION 1 to change proposed
Section 814.1031, Government Code, as follows: 

Sec. 814.1031.  New title:  SERVICE RETIREMENT BENEFITS FOR CERTAIN SERVICE
AS DISTRICT OR CRIMINAL DISTRICT ATTORNEY OR COUNTY ATTORNEY PERFORMING
DISTRICT ATTORNEY DUTIES.  The substitute provides that the standard
service retirement annuity payable for at least 20 years service credit as
a district or criminal district attorney or a county attorney performing
the duties of a district attorney by a person who first received credit for
the service before September 1, 1985, is an amount equal to the greater of
60 percent of the state salary being paid a district judge, as adjusted
from time to time, or the amount computed under Section 814.103 (Service
Retirement Benefits for Elected Class Service), notwithstanding that
section.   The original would not have specified the date by which the
person first received credit.  The original would have provided that the
standard service retirement annuity payable for at least 20 years service
credit as such an attorney is an amount equal to the number of years of
service credit in that position, multiplied by a percentage of the state
salary being paid a district judge, not to exceed 100 percent of that
salary and notwithstanding Section 814.103.  The original would have also
specified that the percentage used in this computation was the sum of the
percentage used in Section 814.103, plus .5 percent. 

The substitute modifies the original in SECTION 4 to make a conforming
change with respect to the addition of the eligibility requirement that a
person have service credit in the Employees Retirement System of Texas
before September 1, 1985, for the purposes of recomputation of annuities.