Bill Text: TX SB1671 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the Teacher Retirement System of Texas.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2011-05-24 - Placed on General State Calendar [SB1671 Detail]
Download: Texas-2011-SB1671-Comm_Sub.html
Bill Title: Relating to the Teacher Retirement System of Texas.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2011-05-24 - Placed on General State Calendar [SB1671 Detail]
Download: Texas-2011-SB1671-Comm_Sub.html
By: Duncan | S.B. No. 1671 | |
(In the Senate - Filed March 11, 2011; March 23, 2011, read | ||
first time and referred to Committee on State Affairs; May 3, 2011, | ||
reported favorably by the following vote: Yeas 8, Nays 0; | ||
May 3, 2011, sent to printer.) |
|
||
|
||
relating to the Teacher Retirement System of Texas. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 825.3021, Government Code, is repealed. | ||
SECTION 2. Section 825.507, Government Code, is amended to | ||
read as follows: | ||
Sec. 825.507. RECORD CONFIDENTIALITY. (a) Records of a | ||
participant that are in the custody of the retirement system or of | ||
an administrator, carrier, attorney, consultant, or governmental | ||
agency acting in cooperation with or on behalf of the retirement | ||
system are confidential and not subject to public disclosure in a | ||
form that would identify an individual and are exempt from the | ||
public access provisions of Chapter 552, except as otherwise | ||
provided by this section. Because the records described by this | ||
subsection are exempt from the public access provisions of Chapter | ||
552, the retirement system 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, except as otherwise provided by | ||
this section. | ||
(b) The retirement system may release records of a | ||
participant, including a participant to which Chapter 803 applies, | ||
to: | ||
(1) the participant or the participant's attorney or | ||
guardian or another person who the executive director determines is | ||
acting on behalf of the participant; | ||
(2) the executor or administrator of the deceased | ||
participant's estate, or, when there is no executor or | ||
administrator of the deceased participant's estate, to a person or | ||
entity who the executive director determines is acting in the | ||
interest of the participant's estate, or to an heir, legatee, or | ||
devisee of the participant, including information relating to the | ||
deceased participant's beneficiary; | ||
(3) When there is no executor or administrator of the | ||
deceased participant's estate, a person or entity who the executive | ||
director determines is acting in the interest of the participant, | ||
the participant's estate, or the participant's heirs, legatees, or | ||
devisees; | ||
(4) a spouse or former spouse of the participant if the | ||
executive director determines that the information is relevant to | ||
the spouse's or former spouse's interest in member accounts, | ||
benefits, or other amounts payable by the retirement system; | ||
(5) [ |
||
attorney, or agent acting on behalf of the retirement system; | ||
(6) [ |
||
designated agent of an employer, only to the extent the retirement | ||
system needs to share the information to perform the purposes of the | ||
retirement system, as determined by the executive director; | ||
(7) [ |
||
writing to receive the information; | ||
(8) [ |
||
enforcement agency that requests a record for a law enforcement | ||
purpose; | ||
(9) [ |
||
to enforce child support; or | ||
(10) [ |
||
under applicable law if the executive director determines that the | ||
participant will have a reasonable opportunity to contest the | ||
subpoena. | ||
(c) The records of a participant remain confidential after | ||
release to a person as authorized by this section. This section | ||
does not prevent the disclosure or confirmation, on an individual | ||
basis, of the status or identity of a participant as a member, | ||
former member, retiree, deceased member or retiree, beneficiary, or | ||
alternate payee of the retirement system. | ||
(d) The executive director may designate other employees of | ||
the retirement system to make the necessary determinations under | ||
this section. A determination and disclosure under this section | ||
may be made without notice to the participant. | ||
(e) The retirement system may make not more than two | ||
mailings a year on behalf of a nonprofit association of active or | ||
retired school employees, for purposes of association membership | ||
and research only, to persons identified in information contained | ||
in records that are in the custody of the retirement system. The | ||
nonprofit association requesting a mailing shall pay the expenses | ||
of the mailing. | ||
(f) This section does not authorize the retirement system to | ||
compile or disclose a list of participants' names, addresses, or | ||
social security numbers unless the executive director determines | ||
that a compilation or disclosure is necessary to administer the | ||
retirement system. | ||
(g) In this section, "participant" means a member, former | ||
member, retiree, annuitant, beneficiary, or alternate payee of the | ||
retirement system. | ||
SECTION 3. Subdivision (1), Section 1575.003, Insurance | ||
Code, is amended to read as follows: | ||
(1) "Dependent" means: | ||
(A) the spouse of a retiree; | ||
(B) an unmarried child of a retiree or deceased | ||
active member if the child is younger than 25 years of age, | ||
including: | ||
(i) an adopted child; | ||
(ii) a foster child, stepchild, or other | ||
child who is in a regular parent-child relationship; or | ||
(iii) a recognized natural child; | ||
(C) a retiree's recognized natural child, | ||
adopted child, foster child, stepchild, or other child who is in a | ||
regular parent-child relationship and who lives with or has his or | ||
her care provided by the retiree or surviving spouse on a regular | ||
basis regardless of the child's age, if the child has a mental | ||
disability [ |
||
an extent that the child is dependent on the retiree or surviving | ||
spouse for care or support, as determined by the trustee; or | ||
(D) a deceased active member's recognized | ||
natural child, adopted child, foster child, stepchild, or other | ||
child who is in a regular parent-child relationship, without regard | ||
to the age of the child, if, while the active member was alive, the | ||
child: | ||
(i) lived with or had the child's care | ||
provided by the active member on a regular basis; and | ||
(ii) had a mental disability [ |
||
|
||
child was dependent on the active member or surviving spouse for | ||
care or support, as determined by the trustee. | ||
SECTION 4. Section 1575.206, Insurance Code, is amended to | ||
read as follows: | ||
Sec. 1575.206. CONTRIBUTIONS HELD IN TRUST FOR FUND. An | ||
employing public school [ |
||
[ |
||
(1) hold contributions required by this subchapter in | ||
trust for the fund and its participants; and | ||
(2) may not divert the contributions for any other | ||
purpose. | ||
SECTION 5. Section 1575.207, Insurance Code, is amended to | ||
read as follows: | ||
Sec. 1575.207. INTEREST ASSESSED ON LATE PAYMENT OF | ||
DEPOSITS BY EMPLOYING SCHOOL DISTRICTS. (a) An employing public | ||
school [ |
||
contributions required by this subchapter before the seventh day | ||
after the last day of the month shall pay to the fund: | ||
(1) the contributions; and | ||
(2) interest on the unpaid amounts at the annual rate | ||
of six percent compounded monthly. | ||
(b) On request, the trustee may grant a waiver of the | ||
deadline imposed by this section based on an employing public | ||
school's [ |
||
SECTION 6. Section 1579.004, Insurance Code, is amended to | ||
read as follows: | ||
Sec. 1579.004. DEFINITION OF DEPENDENT. In this chapter, | ||
"dependent" means: | ||
(1) a spouse of a full-time employee or part-time | ||
employee; | ||
(2) an unmarried child of a full-time or part-time | ||
employee if the child is younger than 25 years of age, including: | ||
(A) an adopted child; | ||
(B) a foster child, stepchild, or other child who | ||
is in a regular parent-child relationship; and | ||
(C) a recognized natural child; | ||
(3) a full-time or part-time employee's recognized | ||
natural child, adopted child, foster child, stepchild, or other | ||
child who is in a regular parent-child relationship and who lives | ||
with or has his or her care provided by the employee or the | ||
surviving spouse on a regular basis, regardless of the child's age, | ||
if the child has a mental disability [ |
||
physically incapacitated to an extent that the child is dependent | ||
on the employee or surviving spouse for care or support, as | ||
determined by the board of trustees; and | ||
(4) notwithstanding any other provision of this code, | ||
any other dependent of a full-time or part-time employee specified | ||
by rules adopted by the board of trustees. | ||
SECTION 7. This Act takes effect September 1, 2011. | ||
* * * * * |