HBA-TBM S.B. 292 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 292
By: Armbrister
Pensions & Investments
4/29/2001
Engrossed



BACKGROUND AND PURPOSE 

Every legislative session, an Employees Retirement System of Texas (ERS)
omnibus bill is passed.  Senate Bill 292 is the ERS omnibus bill.  Senate
Bill 292 enhances the application and consistency of benefits for ERS
members, provides cost of living adjustments for ERS annuitants, contains
general housekeeping provisions regarding ERS, and makes clarifications in
some of the statutes affecting ERS.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the board of trustees of the Employees
Retirement System in SECTION 6 (Section 813.513, Government Code), SECTION
17 (Section 815.102, Government Code), SECTION 31 (Section 13B, Article
3.50-2, Insurance Code), and SECTION 41 of this bill.   

ANALYSIS

Senate Bill 292 amends the Government Code to modify the establishment of
current service credit in the Employees Retirement System of Texas (ERS)
(Sec. 813.201).  The bill authorizes a former member of the employee class
who is a participant in the optional retirement program to reestablish
service credit previously canceled in ERS (Sec. 813.504).  The bill sets
forth provisions relating to the conversion of accumulated annual and sick
leave to service credit of a member and a death benefit designee.  The bill
authorizes a death benefit designee to use the deceased member's sick leave
credit to qualify for making a death benefit plan selection.  If a member
returns to employment with the state before a specified time, the member is
not entitled to service credit previously credited (Secs. 813.509 and
813.511).  The bill sets forth provisions and authorizes the board of
trustees of ERS (board) to adopt rules regarding the establishment of
equivalent membership service credit in ERS (Sec. 813.513).  The bill
modifies the standard service retirement annuity for certain peace officers
(Sec. 814.107).  The bill provides that the designation of a former spouse
as the beneficiary for a guaranteed optional annuity or a death benefit
annuity is invalid unless it is filed after the divorce (Secs. 814.108,
814.401, and 814.505).  The bill modifies the effective date of a change in
annuity selection (Sec. 814.1081).   

The bill prohibits an application for an occupational disability retirement
annuity from being made after the second anniversary of the date the injury
or disease that causes the disability occurred unless permitted by the
executive director of ERS on a showing of good cause (Sec. 814.201).  The
bill prohibits an eligible member from applying for or receiving a
nonoccupational disability annuity if the member is eligible for a service
retirement annuity (Sec. 814.202).  The bill modifies the computation of a
standard disability retirement annuity (Sec. 814.206).  The bill sets forth
the effective date of a disability retirement annuity increase for certain
peace officers (Sec. 814.207).  The bill authorizes the board to adopt
rules for hearings on contested cases or disputed claims.  Rules adopted
regarding a contested case hearing or disputed claim control over
procedural rules (Sec. 815.102).  The bill provides that provisions
relating to a contested case hearing between a contractor and a unit of
state government do not apply to ERS and the acceptance of benefits by ERS
under a contract does not waive immunity from suit or liability (Sec.
815.103).  The bill requires ERS rather than the board to transfer assets
from an interest account to an employees saving account (Sec. 815.318).
The bill modifies the collection of member contributions (Sec. 815.402).
The  bill establishes the confidentiality of the records of retirees,
beneficiaries, and alternate payees and authorizes ERS to require a person
to provide the person's social security number for administrative purposes
(Secs. 815.503 and 840.402).  

The bill provides that survivor benefits for law enforcement and emergency
services personnel paid to a minor child end on the child's 18th birthday
rather than the child's 21st birthday (Sec. 615.023).  The bill modifies
the termination date of survivor benefits health insurance coverage for a
minor child (Sec. 615.074).  The bill requires ERS rather than the board to
provide notification of the acceptance or denial of a survivor benefits
claim (Secs. 615.042 and 615.043).  The bill modifies the appeals process
for a survivor benefits claim that has been denied (Sec. 615.044).  The
bill establishes the confidentiality of records of law enforcement and
emergency services personnel (Sec. 615.045).   

S.B. 292 amends the Insurance Code to authorize the board to appoint an
advisory committee for the Texas Employees Uniform Group Insurance program
(insurance program) (Sec. 4, Art. 3.50-2).  The bill modifies the appeals
process for the insurance program (Sec. 4B, Art. 3.50-2).  The bill
modifies provisions relating to coverage for a serious mental illness (Sec.
5, Art. 3.50-2).  The bill modifies the confidentiality of records of
participants in the insurance program and authorizes the board to require a
person to provide the person's social security number for administrative
purposes (Sec. 10, Art. 3.50-2). The bill provides that remedies provided
for the insurance program are the exclusive remedies available to an
insured (Sec. 10A, Art. 3.50-2).  The bill deletes provisions authorizing
the board to expel an employee, annuitant, or dependent from the insurance
program and sets forth provisions regarding sanctions and the authority of
ERS to impose such sanctions for violations of the insurance program's
regulations (Sec. 13A, Art. 3.50-2).  The bill sets forth provisions
relating to the collection of information regarding misconduct by an
insured (Sec. 13A-1, Art. 3.50-2).  The board is authorized to adopt rules
for the use of a debit card or other similar technology in regard to a
cafeteria plan (Sec. 13B, Art. 3.50-2).   

The bill repeals provisions relating to out of state service, service for
certain governmental employees, a temporary service retirement option for
members of ERS employed at South Texas Hospital, the collection of
membership fees, sanctions for fraud, and a group benefits advisory
committee (SECTION 40).   

The bill sets forth guidelines regarding annuity payments and adjustments
and authorizes the board to adopt rules to implement the guidelines
(SECTION 41).  The bill authorizes a member of ERS who is otherwise
entitled to use sick leave for service credit to use service credit in ERS
that was canceled and reestablished before September 1, 2001 to qualify for
the 10 year membership service requirement (SECTION 42).   

EFFECTIVE DATE

September 1, 2001.  Provisions relating to the establishment of equivalent
membership service credit take effect January 1, 2002.