HBA-SEB S.B. 1144 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1144
By: Fraser
Pensions and Investments
5/10/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, district attorneys and criminal district attorneys are eligible
for participation in the elected class of the Employees Retirement System
of Texas.  In the contribution system, a state-paid prosecutor or judge
contributes six percent of the member's salary into a retirement account.
The two professionals earn the same salary, but after 20 years of service
credit a prosecutor becomes entitled to a pension equal to 45 percent of a
district judge's salary while a judge becomes entitled to 60 percent.   

S.B. 1144 provides that the standard service retirement annuity payable for
at least 20 years service credit as a district or criminal district
attorney or a county attorney performing the duties of a district attorney
is an amount equal to the number of years of service credit in that
position, multiplied by a specific percentage of the state salary being
paid a district judge.  The percentage is the sum of the percentage used to
compute a standard service retirement annuity for elected class service,
plus .5 percent.   

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 Subchapter B, Chapter 814, Government Code, by adding
Section 814.1031, as follows: 

Sec. 814.1031.  SERVICE RETIREMENT BENEFITS FOR SERVICE AS DISTRICT OR
CRIMINAL DISTRICT ATTORNEY OR COUNTY ATTORNEY PERFORMING DISTRICT ATTORNEY
DUTIES.  (a)  Provides that the standard service retirement annuity payable
for at least 20 years service credit as a district or criminal district
attorney or a county attorney performing the duties of a district attorney
is an amount equal to the number of years of service credit in that
position, multiplied by a percentage of the state salary being paid a
district judge, notwithstanding Section 814.103 (Service Retirement
Benefits for Elected Class Service) and except as provided by Subsection
(b).  Provides that the percentage is the sum of the percentage used to
compute a standard service retirement annuity for elected class service,
plus .5 percent.   

(b)  Prohibits a standard service retirement annuity under this section
from exceeding at any time 100 percent of the state salary being paid a
district judge. 

SECTION 2.  Amends Section 812.002(a), Government Code, to include in the
membership of the elected class of the Employees Retirement System of Texas
(ERS) a county attorney performing the duties of a district attorney.   

SECTION 3.  Amends Section 814.108(a), Government Code, to make a
conforming change. 

SECTION 4.  Requires ERS to recompute each annuity that is being paid on
August 31, 1999, and that is based on the service of a district or criminal
district attorney or a county attorney performing  the duties of a district
attorney as if Section 814.1031, Government Code, as added by this Act, had
been in effect on the date of retirement or death for which the annuity is
payable.  Provides that an annuity as recomputed under this section becomes
payable on the first payment that becomes due on or after the effective
date of this Act. 

SECTION 5.  Provides that the change in law made by this Act to Section
812.002(a), Government Code, is intended to clarify the law in effect and
being administered immediately before the effective date of this Act. 

SECTION 6.  Effective date: September 1, 1999.

SECTION 7.  Emergency clause.