HBA-ALS H.B. 18 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 18 By: Goolsby Pensions and Investments 2/26/1999 Introduced BACKGROUND AND PURPOSE Currently, members of the Texas Legislature are eligible to select a retirement plan after eight years of service. However, if a member dies while serving an eligible term in office for retirement plan purposes, that member's family members may not select a retirement plan. H.B. 18 allows the surviving spouse or a child of a member to select a retirement plan if the member dies while serving an eligible term in office. 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 Section 814.302, Government Code (Selection of Death Benefit Plan by Survivor of Member), to authorize the surviving spouse of a person who is a contributing member of the elected class of membership of the Employees Retirement System of Texas at the time of death and who would have met the service requirements for service retirement if the person had completed the term of office during which the person died, to select a retirement plan as if the person retired on the last day of the term in which the person died. Authorizes the decedent's children as a group to select a plan if the decedent is not survived by a spouse. Prohibits the payment of an annuity under this subsection if the decedent is not survived by a spouse or a child. SECTION 2. Makes application of this Act retroactive. Prohibits making payments of a death benefit annuity for any period before the date the first payment becomes due after the annuity is selected. SECTION 3. Emergency clause. Effective date: upon passage.