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.