Bill Text: TX HB2974 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the systems and programs administered by the Teacher Retirement System of Texas.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-06-19 - Effective on 9/1/15 [HB2974 Detail]
Download: Texas-2015-HB2974-Enrolled.html
H.B. No. 2974 |
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relating to the systems and programs administered by the Teacher | ||
Retirement System of Texas. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 821.001(4) and (6), Government Code, | ||
are amended to read as follows: | ||
(4) "Annual compensation" means the compensation to a | ||
member of the retirement system for service during a 12-month | ||
period determined by the retirement system [ |
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reportable and subject to contributions as provided by Section | ||
822.201. | ||
(6) "Employee" means a person who is employed, as | ||
determined by the retirement system, on other than a temporary | ||
basis by a single [ |
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regular rate of pay comparable to that of other persons employed in | ||
similar positions. | ||
SECTION 2. Section 822.001, Government Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) Membership in the retirement system may only be | ||
established through employment with a single employer on at least a | ||
half-time basis. | ||
SECTION 3. Section 822.003(c), Government Code, is amended | ||
to read as follows: | ||
(c) A person does not terminate membership under Subsection | ||
(a)(4) if the person: | ||
(1) is performing military service creditable in the | ||
retirement system; | ||
(2) is on leave of absence from employment in a public | ||
school; [ |
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(3) is earning service credit in another retirement | ||
system covered by Chapter 803 or 805; or | ||
(4) is employed by an employer covered by the | ||
retirement system and is not eligible for membership in the | ||
retirement system because the person is employed on less than a | ||
half-time basis. | ||
SECTION 4. Section 822.005(c), Government Code, is amended | ||
to read as follows: | ||
(c) A person is not entitled to withdraw contributions if | ||
the person [ |
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received a promise of employment with an employer [ |
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covered by the retirement system. | ||
SECTION 5. Section 823.401, Government Code, is amended by | ||
amending Subsection (f) and adding Subsection (f-1) to read as | ||
follows: | ||
(f) Except as provided by Subsection (f-1), the [ |
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of service credit a member may establish under this section may not | ||
exceed the lesser of the number of years of membership service | ||
credit the member has in the retirement system for actual service in | ||
public schools or 15 years. | ||
(f-1) A member may not purchase more than five years of | ||
service credit under this section for service credit considered | ||
nonqualified service credit under Section 415(n)(3), Internal | ||
Revenue Code of 1986. | ||
SECTION 6. Section 825.115, Government Code, is amended by | ||
adding Subsection (f) to read as follows: | ||
(f) Notwithstanding any other law, Chapter 551 does not | ||
apply to an assembly of the board of trustees or one of the board's | ||
committees while attending a summit, conference, convention, | ||
workshop, or other event held for educational purposes if the | ||
assembly or committee does not deliberate, vote, or take action on a | ||
specific matter of public business or public policy over which the | ||
board of trustees or a committee of the board has supervision or | ||
control. This subsection does not apply to a regular, special, or | ||
emergency meeting of the board of trustees scheduled or called | ||
under the board's bylaws. | ||
SECTION 7. Section 825.4092(c), Government Code, is amended | ||
to read as follows: | ||
(c) Except as provided by Subsection (e), each payroll | ||
period, for each retiree who is enrolled in the Texas Public School | ||
Employees Group Insurance Program under Chapter 1575, Insurance | ||
Code, the employer who reports the employment of a retiree shall | ||
contribute to the trust fund established under that chapter an | ||
amount established by the retirement system. In determining the | ||
amount to be contributed by the employer under this subsection, the | ||
retirement system shall consider [ |
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amount a [ |
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enrolled dependents to participate in the group program and the | ||
[ |
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in the group program[ |
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more than one employer reports the retiree to the retirement system | ||
during a month, the amount of the required payment shall be prorated | ||
among the employers. | ||
SECTION 8. Section 1575.204(b), Insurance Code, is amended | ||
to read as follows: | ||
(b) Each state fiscal year, each employer who reports to the | ||
retirement system under Section 824.6022, Government Code, the | ||
employment of a retiree who is enrolled in and receiving coverage | ||
under the group program shall contribute to the fund an amount | ||
established by the trustee. In determining the amount to be | ||
contributed by the employer under this subsection, the trustee | ||
shall consider the [ |
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amount a [ |
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retiree and any enrolled dependents to participate in the group | ||
program and the [ |
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enrolled dependents' participation in the group program [ |
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retiree to the retirement system during a month, the amount of the | ||
contribution required by this subsection shall be prorated among | ||
the employers. The amounts required to be paid under this | ||
subsection are not required to be paid by a reporting employer for a | ||
retiree who retired from the retirement system before September 1, | ||
2005. | ||
SECTION 9. (a) A joint interim committee is created to | ||
study and review the health benefit plans, including TRS-Care and | ||
TRS-ActiveCare, operated under Chapters 1575 and 1579, Insurance | ||
Code, and propose reforms to address issues described by Subsection | ||
(f) of this section. | ||
(b) The joint interim committee shall be composed of three | ||
senators appointed by the lieutenant governor and three members of | ||
the house of representatives appointed by the speaker of the house | ||
of representatives. | ||
(c) The lieutenant governor and speaker of the house of | ||
representatives shall each designate a co-chair from among the | ||
joint interim committee members. | ||
(d) The joint interim committee shall convene at the joint | ||
call of the co-chairs. | ||
(e) The joint interim committee has all other powers and | ||
duties provided to a special or select committee by the rules of the | ||
senate and house of representatives, by Subchapter B, Chapter 301, | ||
Government Code, and by policies of the senate and house committees | ||
on administration. | ||
(f) The joint interim committee created by this section | ||
shall study the health benefit plans, including TRS-Care and | ||
TRS-ActiveCare, operated under Chapters 1575 and 1579, Insurance | ||
Code, to examine and assess the following issues: | ||
(1) the financial soundness of the plans; | ||
(2) the cost and affordability of plan coverage to | ||
persons eligible for coverage under the plans; and | ||
(3) the sufficiency of access to physicians and health | ||
care providers under the plans. | ||
(g) As part of the study of TRS-ActiveCare described under | ||
Subsection (f) of this section, the joint interim committee shall | ||
study: | ||
(1) the impact of allowing school districts and other | ||
participating entities in the uniform group coverage program for | ||
active employees under Chapter 1579, Insurance Code, to opt out of | ||
that program; | ||
(2) the impact, should participating entities be | ||
authorized to opt out of the program, of allowing or prohibiting | ||
future participation by previous participating entities that have | ||
opted out; and | ||
(3) the impact of establishing a regional rating | ||
method for determining premiums charged in different regions of the | ||
state for the benefits provided under a group coverage plan | ||
established under the program. | ||
(h) Not later than January 15, 2017, the joint interim | ||
committee created by this section shall report the committee's | ||
findings and recommendations to the lieutenant governor, the | ||
speaker of the house of representatives, and the governor. The | ||
joint interim committee shall include in its recommendations | ||
specific statutory and regulatory changes that appear necessary | ||
from the results of the committee's study under Subsection (f) of | ||
this section. | ||
(i) Not later than the 60th day after the effective date of | ||
this Act, the lieutenant governor and speaker of the house of | ||
representatives shall appoint the members of the joint interim | ||
committee created under this section. | ||
(j) The joint interim committee created by this section is | ||
abolished and this section expires January 20, 2017. | ||
SECTION 10. Section 821.001(4), Government Code, as amended | ||
by this Act, applies only to a member of the Teacher Retirement | ||
System of Texas who retires or dies on or after the effective date | ||
of this Act. | ||
SECTION 11. Section 825.4092(c), Government Code, as | ||
amended by this Act, applies to a retiree of the Teacher Retirement | ||
System of Texas regardless of whether the person retired from | ||
employment before, on, or after the effective date of this Act. | ||
SECTION 12. This Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2974 was passed by the House on May | ||
12, 2015, by the following vote: Yeas 141, Nays 3, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 2974 on May 29, 2015, by the following vote: Yeas 145, Nays 0, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2974 was passed by the Senate, with | ||
amendments, on May 27, 2015, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |