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


Office of House Bill AnalysisC.S.S.B. 1128
By: Armbrister
Pensions and Investments
5/12/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

C.S.S.B. 1128 modifies certain provisions of the law that govern the
Teacher Retirement System of Texas. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the to the board of trustees of the
Teacher Retirement System of Texas in  SECTION 4 (Section 823.401,
Government Code) and SECTION 10 (Section 824.2045, Government Code) and to
the Teacher Retirement System of Texas in SECTION 24 (Section 3, Article
3.50-4A, Insurance 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 or available to all employees of the employer,
provide for the availability of 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 Section 823.401, Government Code, by adding Subsection
(j), to authorize  
the board of trustees of TRS (board) to adopt rules providing for the
adoption of a reciprocal agreement with a state or territory of a member's
previous employment for the payment for service credit through the transfer
from the state or territory to TRS of contributions made on behalf of the
member in the form of an eligible rollover distribution. 

SECTION 5.  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 6.  Amends Section 824.101(c), Government Code, to make conforming
changes. 

SECTION 7.  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 8.  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 9.  Amends Sections 824.203(a) and (e), Government Code, as follows:

(a)  Increases the multiplier for the computation of a standard service
retirement annuity from two percent to 2.2 percent for each year of service
credit in TRS. 

(b)  Makes a conforming change.

SECTION 10.  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.  Authorizes a lump-sum payment to be made as
a direct rollover at the option of the member.  

(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)  Requires TRS to provide a written notice to a retiring member of the
amount by which the member's annuity will be reduced because of a selection
of a partial lump-sum distribution.  Requires the member to be asked to
sign a copy of or receipt for the notice, and requires TRS to maintain the
signed copy or receipt. 

(h)  Authorizes the board to adopt rules for the implementation of this
section. 

SECTION 11.  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 12.  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.  Prohibits TRS from withholding the payment
if the retiree is employed in a Texas public educational institution in a
position as a classroom teacher on as much as a full-time basis, has
retired without reduction for retirement at an early age, is certified to
teach the subjects assigned, is teaching in an acute shortage area, and has
been separated from service with all public schools for at least 12 months.
Provides that the prohibitions are  subject to Section 825.506 (Plan
Qualification).  Makes conforming changes. 

(d)  Makes conforming changes.

SECTION 13.  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 60 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.  Requires TRS
to transfer monthly 79 percent of that amount if the member began
participation in DROP before September 1, 1999.  Makes a conforming change. 

SECTION 14.  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 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 care insurance in this state to offer employees and
retirees optional long-term care insurance coverage.  Requires the
long-term care 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 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 26.  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 27.  (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 28.  Effective date: September 1, 1999, except that SECTION 12
takes effect at the beginning of the 1999-2000 school year. 

SECTION 29.  Emergency clause.  

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original by amending SECTIONS 1, 10, 12, 13,
24, 26, 28, and 29 of the original; adding new SECTIONS 4 and 9; deleting
SECTIONS 13, 14, and 25 of the original; and redesignating SECTIONS 4, 5,
6, 7, 8, 9, 10, 11, 12, 26, 27, 28, 29, and 30 of the original to SECTIONS
5, 6, 7, 8, 10, 11, 12, 13, 14, 25, 26, 28, and 29 of the substitute. 

The substitute modifies the original in SECTION 1 by modifying proposed
Section 822.201(e), Government Code, to establish that a total compensation
plan must describe all elements of compensation received by or available to
all employees of the employer and must provide for the availability of at
least one type of performance pay to classroom teachers employed by the
employer. The original would not have referred to the availability of
compensation or performance pay. 

The substitute adds a new SECTION 4, amending Section 823.401, Government
Code, by adding Subsection (j) to authorize the board of trustees of the
Teachers Retirement System of Texas (board, TRS) to adopt rules providing
for the adoption of a reciprocal agreement with a state or territory of a
member's previous employment for the payment for service credit through the
transfer from the state or territory to TRS of contributions made on behalf
of the member in the form of an eligible rollover distribution. 

The substitute adds a new SECTION 9 by amending Sections 824.203(a) and
(e), Government Code, to increase the multiplier for the computation of a
standard service retirement annuity from two percent to 2.2 percent for
each year of service credit in TRS.  The substitute makes a conforming
change with respect to that increase. 

The substitute modifies the original in SECTION 10, as redesignated from
SECTION 8 of the original, by modifying proposed Section 824.2045(d) to
authorize a retiring member to choose a lump-sum payment to be made as a
direct rollover.  The substitute adds a new Section 824.2045(g) to require
TRS to provide a written notice to a retiring member of the amount by which
the member's annuity will be reduced because of a selection of a partial
lump-sum distribution.  Section 824.2045(g) requires the member to be asked
to sign a copy of or receipt for the notice, and requires TRS to maintain
the signed copy or receipt.  The substitute redesignates proposed Section
824.2045(g) to Section 824.2045(h) in the substitute. 

The substitute modifies the original in SECTION 12, as redesignated from
SECTION 10 of the original, by further amending Section 824.602(a) to add a
provision that prohibits TRS from withholding a monthly benefit payment if
the retiree is employed in a Texas public educational institution in a
position as a classroom teacher on as much as a full-time basis, has
retired without reduction for retirement at an early age, is certified to
teach the subjects assigned, is teaching in an acute shortage area, and has
been separated from service with all public schools for at least 12 months.
The substitute provides that the prohibitions for withholding payment are
subject to Section 825.506 (Plan Qualification).   

The substitute modifies the original in SECTION 13, as redesignated from
SECTION 11 of the original, by further amending 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 60,
rather than 59, 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. The substitute requires TRS to
transfer monthly 79 percent of that amount if the member began
participation in DROP before September 1, 1999.     

 The substitute deletes SECTION 13 of the original, which would have
amended 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.  

The substitute deletes SECTION 14 of the original, which would have amended
Section 825.301, Government Code, to set forth the eligibility requirements
for an investment manager appointed by the board to assist the board in
investing the assets of TRS.  This section would have also set forth
liability language, review procedures, and development of investment
policies for TRS.  

The substitute modifies the original in SECTION 24 by modifying proposed
Section 2(b), Article 3.50-4A, Insurance Code, to require TRS to contract
with one or more carriers authorized to provide long-term care insurance,
rather than long-term health care insurance, in this state to offer
employees and retirees optional long-term care insurance coverage.   

The substitute deletes SECTION 25 of the original, which would have amended
Subtitle A, Title 6, Government Code, by adding Chapter 618 (Annuities or
Investments for Educational Employees). This chapter would have provided
for the selection of vendors of a wide variety of annuities and investment
products.  The chapter would have established that a contributing member of
TRS is eligible to participate in the plan and that participation was in
addition to participation as a contributing member of TRS.   

The substitute modifies the original in SECTION 26, as redesignated from
SECTION 27 of the original, to make a nonsubstantive change.   

The substitute modifies the original in SECTION 28, as redesignated from
SECTION 29 of the original, to establish an exception to the effective
date.  The substitute provides that SECTION 12 of this Act takes effect at
the beginning of the 1999-2000 school year.   

The substitute differs from the original in SECTION 29, as redesignated
from SECTION 30 of the original, by using the modified long version of the
emergency clause.  The original would have used the short version.