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AN ACT
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relating to a plan-to-plan transfer of certain assets from the |
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TexaSaver 457 plan administered by the Employees Retirement System |
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of Texas to a 457 plan created by an institution of higher |
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education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 609, Government Code, is |
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amended by adding Section 609.515 to read as follows: |
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Sec. 609.515. TRANSFER TO 457 PLAN OF INSTITUTION OF HIGHER |
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EDUCATION. (a) The board of trustees, as authorized by 26 C.F.R. |
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Section 1.457-10(b)(1) and (3), shall allow the transfer from its |
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TexaSaver 457 plan to the plan administrator of a 457 plan created |
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by an institution of higher education under Subchapter D of all |
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deferred amounts and investment income administered by the |
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TexaSaver 457 plan for employees of the institution of higher |
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education who are participating in or eligible to participate in |
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the institution's 457 plan at the time of the transfer. |
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(b) The institution of higher education must make a request |
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to the board of trustees to begin a transfer under this section. |
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(c) The board of trustees and the institution of higher |
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education requesting the transfer under this section shall |
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cooperate to ensure that the transfer is accomplished as |
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expeditiously as possible. |
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(d) After the transfer: |
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(1) the plan administrator for the 457 plan created by |
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an institution of higher education is responsible for all fiduciary |
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duties, plan administration duties, and other responsibilities |
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regarding the deferred amounts and investment income transferred; |
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and |
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(2) the board of trustees is relieved of all fiduciary |
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duties, plan administration duties, and any other responsibility or |
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liability regarding the deferred amounts and investment income |
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transferred. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3322 was passed by the House on April |
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26, 2007, by the following vote: Yeas 132, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3322 was passed by the Senate on May |
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17, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |