Bill Text: TX HB3818 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to financial assistance paid to survivors of certain public school employees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-20 - Referred to Pensions, Investments & Financial Services [HB3818 Detail]
Download: Texas-2023-HB3818-Introduced.html
88R2161 BDP-D | ||
By: Herrero | H.B. No. 3818 |
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relating to financial assistance paid to survivors of certain | ||
public school employees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle A, Title 6, Government Code, is amended | ||
by adding Chapter 615A to read as follows: | ||
CHAPTER 615A. FINANCIAL ASSISTANCE TO SURVIVORS OF CERTAIN PUBLIC | ||
SCHOOL EMPLOYEES | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 615A.001. DEFINITIONS. In this chapter: | ||
(1) "Deadly weapon" means: | ||
(A) a firearm or anything manifestly designed, | ||
made, or adapted for the purpose of inflicting death or serious | ||
bodily injury; or | ||
(B) anything that in the manner of its use or | ||
intended use is capable of causing death or serious bodily injury. | ||
(2) "Employer" has the meaning assigned by Section | ||
821.001. | ||
(3) "Firearm" means any device designed, made, or | ||
adapted to expel a projectile through a barrel by using the energy | ||
generated by an explosion or burning substance or any device | ||
readily convertible to that use. | ||
(4) "Minor child" means a child who: | ||
(A) on the date of the death of a public school | ||
employee, is younger than 18 years of age; and | ||
(B) if the child is not a biological or adopted | ||
child, was claimed as a dependent on the federal income tax return | ||
of a public school employee for the year preceding the year of the | ||
employee's death. | ||
(5) "Personal injury" means physical or mental harm. | ||
(6) "Public school" has the meaning assigned by | ||
Section 821.001. | ||
(7) "Public school employee" means a person who is | ||
employed, as determined by the retirement system, by a public | ||
school. | ||
(8) "Retirement system" means the Teacher Retirement | ||
System of Texas. | ||
Sec. 615A.002. ADMINISTRATION OF CHAPTER. The board of | ||
trustees of the Teacher Retirement System of Texas shall administer | ||
this chapter under rules adopted by the board. | ||
Sec. 615A.003. APPLICABILITY. This chapter applies only to | ||
eligible survivors of a public school employee. | ||
Sec. 615A.004. EFFECT OF AWARD. (a) A finding that | ||
assistance is payable to an eligible survivor of a public school | ||
employee is not a declaration of the cause, nature, or effect of a | ||
death for any other purpose. | ||
(b) A finding that a death is within the provisions of this | ||
chapter does not affect another claim or cause of action arising | ||
from or connected to the death. | ||
Sec. 615A.005. ASSISTANCE NOT ASSIGNABLE; PAYMENTS EXEMPT. | ||
(a) Assistance payable under this chapter is not transferable or | ||
assignable at law or in equity. | ||
(b) Money paid or payable under this chapter is not subject | ||
to execution, levy, attachment, garnishment, or other legal process | ||
or to the operation of any insolvency law. | ||
Sec. 615A.006. LIMITATION ON ASSISTANCE. A survivor may | ||
not receive payment of assistance under this chapter for a loss or | ||
expense for which the survivor or another person has already | ||
received compensation under a claim for compensation under Chapter | ||
56B, Code of Criminal Procedure. | ||
SUBCHAPTER B. PAYMENTS TO ELIGIBLE SURVIVORS | ||
Sec. 615A.101. ELIGIBLE SURVIVORS. (a) A survivor of a | ||
public school employee is eligible for the payment of assistance | ||
under this chapter if: | ||
(1) the employee was a victim who died from a personal | ||
injury sustained as a result of an event or occurrence involving the | ||
use of a firearm or other deadly weapon and that event or occurrence | ||
happened while the employee was: | ||
(A) in or on the grounds of a public school, even | ||
if the event or occurrence happened before or after the employee's | ||
regular work hours; | ||
(B) traveling to or from a regular session of | ||
school; or | ||
(C) attending or traveling to or from an official | ||
school-sponsored or school-related event; and | ||
(2) the survivor is: | ||
(A) the surviving spouse of the employee; | ||
(B) a surviving child of the employee, if there | ||
is no surviving spouse; or | ||
(C) a surviving parent of the employee, if there | ||
is no surviving spouse or child. | ||
(b) Payment of assistance may not occur under this chapter | ||
unless the survivor is eligible under Subsection (a). | ||
(c) In a determination of whether the survivor of a public | ||
school employee is eligible for payment of assistance under this | ||
chapter, any reasonable doubt arising from the circumstances of the | ||
employee's death shall be resolved in favor of the payment of | ||
assistance to the survivor. | ||
Sec. 615A.102. PAYMENT TO SURVIVORS. (a) If there is an | ||
eligible surviving spouse, the state shall pay the benefits | ||
described by Subsection (d) to the eligible surviving spouse. | ||
(b) If there is no eligible surviving spouse, the state | ||
shall pay the benefits described by Subsection (d) in equal shares | ||
to surviving children. | ||
(c) If there is no eligible surviving spouse or child, the | ||
state shall pay the benefits described by Subsection (d) in equal | ||
shares to surviving parents. | ||
(d) An eligible survivor, or eligible survivors in equal | ||
shares, are entitled to receive a lump sum payment in the amount | ||
provided by this subsection. The lump sum payment amount payable to | ||
an eligible survivor during the 12 months beginning September 1, | ||
2023, is $500,000. Effective September 1 of each following year, | ||
the board of trustees of the retirement system by rule shall adjust | ||
the amount of the lump sum payment required under this subsection by | ||
an amount equal to the percentage change in the Consumer Price Index | ||
for All Urban Consumers, published by the Bureau of Labor | ||
Statistics of the United States Department of Labor for the | ||
preceding year. The amount paid to an eligible survivor or | ||
survivors as adjusted under this subsection is calculated based on | ||
the date of the decedent's death and not on the date the eligible | ||
survivor or survivors file a claim under this chapter. | ||
Sec. 615A.103. PAYMENT TO SURVIVING MINOR CHILD. (a) The | ||
state shall pay to the duly appointed or qualified guardian or other | ||
legal representative of an eligible surviving minor child: | ||
(1) $400 each month, if there is one surviving child; | ||
(2) $600 each month, if there are two surviving | ||
children; or | ||
(3) $800 each month, if there are three or more | ||
surviving children. | ||
(b) A child's entitlement to assistance payable under this | ||
section ends on the last day of the month that includes the child's | ||
18th birthday. At that time, payments to any other surviving minor | ||
children shall be adjusted, as necessary, to conform to the amounts | ||
payable under Subsection (a). | ||
(c) A payment under this section is in addition to any | ||
payment made under Section 615A.102. | ||
SUBCHAPTER C. ADMINISTRATION AND PROCEDURE | ||
Sec. 615A.201. CONSIDERATION AND DETERMINATION OF CLAIM; | ||
COMPELLED COMPLIANCE. (a) Not later than the 30th day after the | ||
date of the death of a public school employee in a manner described | ||
by Section 615A.101(a)(1), the employee's employer shall furnish to | ||
the board of trustees of the retirement system proof of the death in | ||
the form and with additional evidence and information required by | ||
the board. The employer shall furnish the evidence and information | ||
required under this subsection regardless of whether the employing | ||
entity believes the employee's death satisfies the eligibility | ||
requirements established under Section 615A.101(a)(1). | ||
(b) The board of trustees shall consider the proof, | ||
evidence, and information provided under Subsection (a), and any | ||
additional information required by the rules adopted in accordance | ||
with Section 615A.002, to determine whether the employee's death | ||
satisfies the eligibility requirements established under Section | ||
615A.101(a)(1) and justifies the payment of assistance to the | ||
employee's eligible survivors under this chapter. | ||
(c) If the employee's employer fails to comply with | ||
Subsection (a), the attorney general may use any means authorized | ||
by law, including filing suit for a writ of mandamus against the | ||
employer, to compel the employer's compliance with this section. | ||
Sec. 615A.202. AWARD AND PAYMENT OF ASSISTANCE. (a) The | ||
retirement system shall notify the comptroller of the retirement | ||
system's determination that a claim under this chapter is valid and | ||
justifies payment. | ||
(b) On receipt of notice, the comptroller shall issue a | ||
warrant to each claimant in the proper amount from the fund | ||
appropriated for that purpose. | ||
(c) Payments under this chapter on behalf of a surviving | ||
child are payable beginning on the first day of the first month | ||
after the death of the public school employee. | ||
Sec. 615A.203. DENIAL OF CLAIM. If the retirement system | ||
denies a claim, the retirement system shall send a notice of the | ||
denial to: | ||
(1) the person making the claim; or | ||
(2) the duly qualified guardian or legal | ||
representative of a surviving minor child, if a claim is being made | ||
on behalf of the child. | ||
Sec. 615A.204. APPEALS. (a) An eligible survivor or the | ||
eligible survivor's legal representative whose claim for payment is | ||
denied may appeal the denial to the board of trustees of the | ||
retirement system. | ||
(b) An appeal under this section is considered to be an | ||
appeal of a contested case under Chapter 2001 and shall be conducted | ||
in the same manner as an appeal described by Section 825.115. | ||
(c) Judicial review of a decision under this section is | ||
under the substantial evidence rule as provided by Chapter 2001. | ||
Sec. 615A.205. RECORDS. (a) Records of public school | ||
employees and of survivors eligible for benefits under this chapter | ||
that are in the custody of the retirement system, an administering | ||
firm as defined by Section 1579.002, Insurance Code, a carrier as | ||
defined by Section 1575.002, Insurance Code, or another | ||
governmental agency acting with or on behalf of the retirement | ||
system are confidential and not subject to public disclosure, and | ||
the retirement system, administering firm, carrier, or | ||
governmental agency is not required to accept or comply with a | ||
request for a record or information about a record or to seek an | ||
opinion from the attorney general, because the records are exempt | ||
from the provisions of Chapter 552, except as otherwise provided by | ||
this section. | ||
(b) Records may be released to an eligible survivor or to an | ||
authorized attorney, family member, or representative acting on | ||
behalf of the eligible survivor. The retirement system may release | ||
the records to an administering firm, carrier, agent, or attorney | ||
acting on behalf of the retirement system, to another governmental | ||
entity having a legitimate need for the information to perform the | ||
purposes of the retirement system, or to a party in response to a | ||
subpoena issued under applicable law. | ||
(c) A record released or received by the retirement system | ||
under this section may be transmitted electronically, including | ||
through the use of an electronic signature or certification in a | ||
form acceptable to the retirement system. An unintentional | ||
disclosure to, or unauthorized access by, a third party related to | ||
the transmission or receipt of information under this section is | ||
not a violation by the retirement system of any law, including a law | ||
or rule relating to the protection of confidential information. | ||
(d) The records of public school employees and of eligible | ||
survivors remain confidential after release to a person as | ||
authorized by this section. The records of public school employees | ||
and of eligible survivors may become part of the public record of an | ||
administrative or judicial proceeding related to an appeal filed | ||
under this chapter, unless the records are closed to public access | ||
by a protective order issued under applicable law. | ||
(e) The retirement system has sole discretion in | ||
determining whether a record is subject to this section. For | ||
purposes of this section, a record includes any identifying | ||
information about any person, living or deceased, who is or was: | ||
(1) a public school employee; or | ||
(2) a survivor, heir, or beneficiary of a public | ||
school employee. | ||
SUBCHAPTER D. ADDITIONAL BENEFITS FOR ELIGIBLE SURVIVORS | ||
Sec. 615A.301. PAYMENTS TO SURVIVING SPOUSE. (a) In this | ||
section, "public retirement system" has the meaning assigned by | ||
Section 802.001. | ||
(b) The state shall pay the following benefits to an | ||
eligible surviving spouse of a public school employee whose death | ||
satisfies the eligibility requirements established under Section | ||
615A.101(a)(1) and who had not qualified for an annuity under a | ||
public retirement system: | ||
(1) funeral expenses related to the deceased employee; | ||
and | ||
(2) monthly payments that equal the monthly annuity | ||
payment the deceased employee would have received if the employee | ||
had survived, had retired on the last day of the month in which the | ||
employee died, and had been eligible to receive an annuity under a | ||
public retirement system. | ||
(c) The surviving spouse is entitled to continue to receive | ||
monthly payments under Subsection (b) until the earlier of: | ||
(1) the date the surviving spouse remarries; | ||
(2) the date the surviving spouse becomes eligible for | ||
a service retirement benefit under a public retirement system; or | ||
(3) the date the surviving spouse becomes eligible for | ||
Social Security benefits. | ||
(d) The retirement system may require the surviving spouse | ||
to provide information as necessary to administer this section. | ||
(e) The board of trustees of the retirement system may adopt | ||
rules necessary to administer this section, including rules: | ||
(1) setting the maximum amount of funeral expenses | ||
payable under this subchapter; and | ||
(2) calculating the survivor benefits payable under | ||
this subchapter. | ||
(f) The retirement system shall apply reduction factors, as | ||
applicable to an annuity payable under this section, in the same | ||
manner the factors are applied to a benefit plan administered by the | ||
system. | ||
Sec. 615A.302. PAYMENTS TO SURVIVING MINOR CHILDREN. If a | ||
public school employee whose death satisfies the eligibility | ||
requirements established under Section 615A.101(a)(1) did not have | ||
an eligible surviving spouse who would be entitled to benefits | ||
under Section 615A.301 at the time of the employee's death does have | ||
one or more eligible surviving minor children, the state shall pay | ||
to the guardian or other legal representative of those children the | ||
funeral expenses of the deceased employee. | ||
Sec. 615A.303. BENEFITS ADDITIONAL. The benefits provided | ||
by this subchapter are in addition to any other benefits provided by | ||
this chapter. | ||
SECTION 2. The changes in law made by this Act apply only to | ||
the death of a public school employee that occurs on or after the | ||
effective date of this Act. A death that occurred before the | ||
effective date of this Act is governed by the law in effect when the | ||
death occurred, and that law is continued in effect for that | ||
purpose. | ||
SECTION 3. This Act takes effect September 1, 2023. |