HBA-SEB S.B. 1128 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1128
By: Armbrister
Pensions and Investments
5/10/1999
Engrossed



BACKGROUND AND PURPOSE 

S.B. 1128 modifies certain provisions of the law that governs the Teacher
Retirement System of Texas (TRS).  It 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 24 (Section 3, Article 3.50-4A, Insurance Code) and
SECTION 25 (Section 618.006, Government Code) and to the board of trustees
of TRS in SECTION 8 (Section 824.2045, Government Code) and SECTION 25
(Section 618.004, Government Code) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 822.201, Government Code, by amending Subsection
(b), as amended by Chapters 330 and 1035, Acts of the 75th Legislature,
Regular Session, 1997, and adding Subsection (e), as follows: 

(b)  Provides that the requirements of Subsection (e) are a part of
performance pay awarded as part of a total compensation plan for the
purpose of the definition of "salary and wages." 

(e)  Provides that a total compensation plan must describe all elements of
compensation received by all employees of the employer, provide at least
one type of performance pay to classroom teachers, identify specific
factors about performance pay, contain sufficient information concerning
the plan to ascertain the amount of each qualifying employee's pay under
the plan, contain performance criteria for earning performance pay, and
satisfy any other requirements adopted by the Teacher Retirement System of
Texas (TRS). 

SECTION 2.  Amends Subchapter A, Chapter 823, Government Code, by adding
Section 823.006, as follows: 

Sec. 823.006. PERMISSIVE SERVICE CREDIT RESTRICTIONS.  Defines
"nonqualified service" and  "permissive service credit."  Provides that the
purchase of permissive service credit by a person who first becomes a
member of TRS after August, 31, 2000, is subject to specific restrictions
and conditions in addition to all other requirements applicable to the
purchase.  Establishes that the purchase by any person of permissive
service credit that was first made available under TRS after December 31,
1997, is subject to those same restrictions and requirements.  Prohibits a
member from purchasing more than five years of permissive service credit
for nonqualified service.  Prohibits a member from purchasing service
credit for nonqualified service before the member has at least five years
of membership service credit. 

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 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 9.  Amends Section 824.502, Government Code, to provide that a
person eligible to elect to receive benefits on the death of an active
member, instead of survivor benefits, is a person who has not selected
optional disability retirement benefits.   

SECTION 10.  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 if 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 11.  Amends Section 824.804(a), Government Code, to require TRS to
transfer monthly from the retired reserve account to an account for a
member in DROP an amount equal to 59, rather than 79, percent of the amount
the member would have received that month under a standard service
retirement annuity if the member had retired under the multiplier currently
in effect, rather than on the effective date of participation in DROP.   

SECTION 12.  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 13.  Amends Section 825.103(a), Government Code, to authorize the
board to delegate responsibility, discretion, and authority to employees,
investment managers, custodians, and other agencies and entities in the
manner that a prudent person would delegate under the circumstances.
Requires the board to act with prudence and in the exclusive best interests
of the members and beneficiaries of TRS in deciding whether and how to
delegate and in the selection and supervision of those to whom it has
delegated. 

SECTION 14.  Amends Section 825.301, Government Code, as follows:

Sec. 825.301.  INVESTMENT OF ASSETS.  (a)  Defines "securities" for the
purposes of the board's investment authority.  

(b)  Authorizes the board to contract with one or more professional
investment managers. Provides the eligibility requirements for an
investment manager.  Authorizes an appointed investment manager to be
authorized to invest, reinvest, select, purchase, manage, retain, exchange,
sell, or otherwise acquire or dispose of investments or interests in
investments on behalf of TRS.  Requires the board to exercise reasonable
care, skill, and caution in appointing investment mangers, establishing the
scope and terms of the delegation with due regard for the purposes of and
laws governing TRS, and periodically reviewing an investment manager's
compliance with the terms of the delegation.  Requires the board to adopt
policies and procedures for monitoring the performance of the board's
investment managers.  Establishes that the board and an individual member
of the board or an employee of TRS are not liable for the acts, omissions,
or decisions of an investment manager to whom fiduciary responsibilities
have been properly delegated. 

(c)  Deletes existing text requiring a performance measure service to
compare the investment of the assets being evaluated and analyzed with the
investment of other public funds. 

(d)  Makes no change.

(e)  Requires the board to develop written investment strategies, policies,
and guidelines. Authorizes the board to adopt a statement that provides the
expected rate of return on system assets generally, the expected rates of
return and acceptable levels of risk for each investment class in light of
prevailing circumstances, asset allocation goals, guidelines for delegation
of authority to TRS employees and the board's professional investment
staff, information about the types of reports to be used to evaluate
investment performance, and any other relevant considerations.  Requires
the board to review any statement adopted and to modify or reaffirm it at
least biennially. 

 (f)  Requires an appointed professional investment manager to acknowledge
in writing that the investment manager assumes fiduciary responsibilities
to TRS and its members and beneficiaries.  Requires an investment manager
to perform its responsibilities to the system with the care, skill,
diligence, and caution of a prudent person and with the same aims and in
accordance with the documents governing the delegation of responsibilities
by the board.    

(g)  Provides that a professional investment manager assuming fiduciary
responsibilities to TRS is considered to agree that the laws of this state
govern the performance of its responsibilities to TRS and to submit to the
jurisdiction of the courts of this state. Establishes that venue of action
involving a breach of duty owed by an investment manager to TRS or its
members and beneficiaries is in Travis County. 

(h)  Provides that the selection by TRS of professionals and other agents
and consultants, actuaries, accountants, and attorneys to provide services
necessary for the performance of the fiduciary duties of the board is
exempt from all requirements that would otherwise be applicable to TRS. 
 
SECTION 15.  Amends the heading of Section 825.303, Government Code, to
read as follows: 

Sec. 825.303.  New title:  SECURITIES CUSTODY AND SECURITIES LENDING.  

SECTION 16.  Amends Section 825.303(a), Government Code, to authorize TRS
to select one or more commercial banks, depository trust companies, or
other entities to act independently of the custodian and lend the
securities under board rules as required by this section.    

SECTION 17.  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 18.  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 19.  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 20.  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 21.  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 22.  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 23.  Amends Section 16A(d), Article 3.50-4, Insurance Code, to make
conforming changes.   

SECTION 24.  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.  (a)  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.   

(b)  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.   

(c)  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 longterm loss of salary because of a
disability.   

(d)  Requires competitive bidding to be required under rules adopted by
TRS.  Authorizes the rules to provide criteria to determine qualified
carriers.  Provides that TRS is not required to select the lowest bid, but
may consider ability to service contracts, past experience, financial
stability, and other relevant criteria.  Requires deviation from a contract
to be recorded and the reasons for the deviation to be fully justified in
the minutes of the next TRS meeting.    

(e)  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 with the comptroller 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 25.  Amends Subtitle A, Title 6, Government Code, by adding Chapter
618, as follows: 

CHAPTER 618.  ANNUITIES OR INVESTMENTS FOR
EDUCATIONAL EMPLOYEES

Sec. 618.001.  DEFINITION.  Defines "retirement system."

Sec. 618.002.  ESTABLISHMENT OF PLAN.  Provides that the board is the
trustee of a plan it shall establish under this chapter to offer
contributing members of the retirement system the opportunity to purchase
certain annuities or investments. 

Sec. 618.003.  ADMINISTRATION OF PLAN.  Requires the board to contract with
one or more persons to administer the plan. 

Sec. 618.004.  SELECTION OF VENDORS AND PRODUCTS.  Requires the board to
adopt rules for the selection of companies to provide annuities or other
investment products under the plan.  Establishes that the rules must
provide for the selection of vendors of a wide variety of annuities or
other investment products.  Requires the board to select vendors for the
plan under the process it adopts by rule.  Provides that a vendor or
investment product having an ownership or other financial interest in a
contractor selected by TRS to administer the plan is not qualified to be
selected as a vendor or investment product under the plan. Requires the
board to select vendors or investment products based on the quality of
investment performance, proven ability to manage institutional assets,
minimum net worth requirements, fee structure, compliance with applicable
federal and state laws, and other criteria established by the board.
Requires the board to determine the minimum and maximum number of vendors
and investment products that may be offered under the plan at any
particular time. 

Sec. 618.005.  ELIGIBILITY AND ELECTION TO PARTICIPATE.  Establishes that a
contributing member of TRS is eligible to participate in the plan
established under this chapter. Provides that participation is in addition
to participation as a contributing member of TRS.  Authorizes an eligible
person to elect to participate on a form prescribed by and filed with TRS.
Provides that a participant must execute a salary reduction agreement under
which contributions for the purchase of annuities or other investment
products under the plan are deducted from the participant's salary.
Establishes that persons employed by an institution of higher education
offering certain annuities or other investments are not eligible to
participate in this plan. 

Sec. 618.006.  RULES.  Authorizes TRS to adopt other rules for the
administration of the plan and this chapter. 

SECTION 26.  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 current 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 27.  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 annuity on September 1,
1999, other than an annuity under Section 824.304(a), 824.404, or 824.501,
Government Code, by 10 percent, which is a benefit equivalent to the
benefit provided by using a 2.2 percent multiplier for computing annuities. 

SECTION 28.  (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.  Requires an optional annuity selected
under this subsection to be actuarially reduced according to the ages of
the retiree and the designated beneficiary at the time the annuity is
selected.  Provides that this subsection applies notwithstanding Section
824.1011, Government Code, as amended by this Act.   

SECTION 29.  Effective date: September 1, 1999.

SECTION 30.  Emergency clause.