|   | 88R19531 JCG-F | ||
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|   | By: Bonnen, Burns, Capriglione, et al. | H.B. No. 600 | |
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| Substitute the following for H.B. No. 600: | |||
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|   | By:  Capriglione | C.S.H.B. No. 600 | |
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| 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) | ||