88R19531 JCG-F
 
  By: Bonnen, Burns, Capriglione, et al. H.B. No. 600
 
Substitute the following for H.B. No. 600:
 
  By:  Capriglione C.S.H.B. No. 600
 
 
A BILL TO BE ENTITLED
AN ACT
relating to contributions to, benefits from, and the administration
of systems and programs administered by the Teacher Retirement
System of Texas.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter A, Chapter 821, Government Code, is
amended by adding Section 821.0065 to read as follows:
       Sec. 821.0065.  ACTUARIAL SOUNDNESS FOR BENEFIT
ENHANCEMENTS. For purposes of Section 67-a, Article XVI, Texas
Constitution, the retirement system is actuarially sound if, based
on the most recent actuarial valuation of the system, the amount of
contributions and actuarially determined payments to the system are
sufficient to cover the normal cost of the system and to amortize
the unfunded actuarial accrued liability of the system within 30
years.
       SECTION 2.  Subchapter H, Chapter 824, Government Code, is
amended by adding Sections 824.703 and 824.704 to read as follows:
       Sec. 824.703.  GAIN SHARING COST-OF-LIVING ADJUSTMENT.  (a)  
For each fiscal year that begins on or after September 1, 2028, the
retirement system shall make a cost-of-living adjustment payable to
eligible annuitants receiving a retirement or death benefit annuity
payment only if the retirement system's average rate of return on
the investment of the system's assets during the preceding five
fiscal years, expressed as a percentage rate, is equal to or exceeds
seven percent.
       (b)  Subject to Subsection (c), the amount of the
cost-of-living adjustment provided by Subsection (a) is an amount
equal to the annuitant's monthly annuity payment for the month the
adjustment is effective multiplied by a percentage rate that is
computed by:
             (1)  determining the average rate of return on the
investment of the system's assets during the preceding five fiscal
years, expressed as a percentage rate;
             (2)  subtracting five percentage points from the
percentage rate determined under Subdivision (1);
             (3)  multiplying the resulting difference under
Subdivision (2) by 50 percent; and
             (4)  rounding down to the nearest one-tenth of a
percent.
       (c)  The amount of the cost-of-living adjustment provided by
Subsection (a) may not exceed two percent of an annuitant's monthly
annuity payment.
       (d)  Except as provided by Subsection (f), a person is
eligible to receive a cost-of-living adjustment under this section
if the person is, on the effective date of the adjustment and
disregarding any forfeiture of benefits under Section 824.601, an
annuitant that:
             (1)  is eligible to receive:
                   (A)  a standard service or disability retirement
annuity payment;
                   (B)  an optional service or disability retirement
annuity payment as either a retiree or beneficiary;
                   (C)  an annuity payment under Section
824.402(a)(3) or (4);
                   (D)  an annuity payment under Section 824.502; or
                   (E)  an alternate payee annuity payment under
Section 804.005;
             (2)  became eligible to receive the annuity payment
described by Subdivision (1) at least three years before the first
day of the fiscal year in which the adjustment is made; and
             (3)  is living on the effective date of the adjustment.
       (e)  Notwithstanding Subsection (d)(2), a beneficiary
eligible to receive an optional service or disability retirement
annuity payment on the effective date of a cost-of-living
adjustment under this section is eligible to receive the adjustment
if:
             (1)  the beneficiary meets the requirements of
Subsections (d)(1) and (d)(3); and
  

Statutes affected:
Introduced: Government Code 825.402, Government Code 825.404 (Government Code 825)
House Committee Report: Government Code 825.402 (Government Code 825)