2019S0324-1 03/04/19
 
  By: Huffman, et al. S.B. No. 12
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the contributions to the Teacher Retirement System of
  Texas.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 825.402, Government Code, is amended to
  read as follows:
         Sec. 825.402.  RATE OF MEMBER CONTRIBUTIONS. The rate of
  contributions for each member of the retirement system is:
               (1)  five percent of the member's annual compensation
  or $180, whichever is less, for service rendered after August 31,
  1937, and before September 1, 1957;
               (2)  six percent of the first $8,400 of the member's
  annual compensation for service rendered after August 31, 1957, and
  before September 1, 1969;
               (3)  six percent of the member's annual compensation
  for service rendered after August 31, 1969, and before the first day
  of the 1977-78 school year;
               (4)  6.65 percent of the member's annual compensation
  for service rendered after the last day of the period described by
  Subdivision (3) and before September 1, 1985;
               (5)  6.4 percent of the member's annual compensation
  for service rendered after August 31, 1985, and before September 1,
  2014;
               (6)  6.7 percent of the member's annual compensation
  for service rendered after August 31, 2014, and before September 1,
  2015;
               (7)  7.2 percent of the member's annual compensation
  for service rendered after August 31, 2015, and before September 1,
  2016;
               (8)  7.7 percent of the member's annual compensation
  for service rendered after August 31, 2016, and before September 1,
  2017; [and]
               (9)  for compensation paid [service rendered] on or
  after September 1, 2017, and before September 1, 2019, the lesser
  of:
                     (A)  7.7 percent of the member's annual
  compensation; or
                     (B)  a percentage of the member's annual
  compensation equal to 7.7 percent reduced by one-tenth of one
  percent for each one-tenth of one percent that the state
  contribution rate for the fiscal year to which the compensation 
  [service] relates is less than the state contribution rate
  established for the 2015 fiscal year;
               (10)  for compensation paid on or after September 1,
  2019, and before September 1, 2021, the lesser of:
                     (A)  7.7 percent of the member's annual
  compensation; or
                     (B)  a percentage of the member's annual
  compensation equal to 7.7 percent reduced by one-tenth of one
  percent for each one-tenth of one percent that the state
  contribution rate for the fiscal year to which the compensation
  relates is less than the state contribution rate established by
  Section 825.404(f) for that fiscal year;
               (11)  for compensation paid on or after September 1,
  2021, but before September 1, 2023, the lesser of:
                     (A)  eight percent of the member's annual
  compensation; or
                     (B)  a percentage of the member's annual
  compensation equal to eight percent reduced by one-tenth of one
  percent for each one-tenth of one percent that the state
  contribution rate for the fiscal year to which the compensation
  relates is less than the state contribution rate established by
  Section 825.404(f) for that fiscal year; and
               (12)  for compensation paid on or after September 1,
  2023, the lesser of:
                     (A)  8.25 percent of the member's annual
  compensation; or
                     (B)  a percentage of the member's annual
  compensation equal to 8.25 percent reduced by one-tenth of one
  percent for each one-tenth of one percent that the state
  contribution rate for the fiscal year to which the service relates
  is less than the state contribution rate established by Section
  825.404(f) for that fiscal year.
         SECTION 2.  Section 825.4035, Government Code, is amended by
  amending Subsections (b) and (c) and adding Subsection (e) to read
  as follows:
         (b)  Except as provided in Subsection (c), for each member
  the employer reports to the retirement system and for whom the
  employer is not making contributions to the federal Old-Age,
  Survivors, and Disability Insurance program, the employer shall
  contribute monthly to the retirement system for each such member:
               (1)  for the period beginning with the report month of
  September 2014 and ending with the report month of August 2015, an
  amount equal to 1.5 percent of the member's compensation; [and]
               (2)  beginning with the report month for September 2015
  and ending with the report month August 2019, an amount equal to the
  lesser of:
                     (A)  1.5 percent of the member's compensation; or
                     (B)  a percentage of the member's compensation
  equal to 1.5 percent reduced by one-tenth of one percent for each
  one-tenth of one percent that the state contribution rate for the
  fiscal year to which the report month relates is less than the state
  contribution rate established for the 2015 fiscal year;
               (3)  beginning with the report month for September 2019
  and ending with the report month August 2020, an amount equal to the
  lesser of:
                     (A)  1.5 percent of the member's compensation; or
                     (B)  a percentage of the member's compensation
  equal to 1.5 percent reduced by one-tenth of one percent for each
  one-tenth of one percent that the state contribution rate for the
  fiscal year to which the report month relates is less than the state
  contribution rate established for that fiscal year under Section
  825.404(f); and
               (4)  beginning with the report month for September
  2020, an amount equal to the lesser of:
                     (A)  a percentage of the member's compensation
  equal to the rate of contribution provided for the applicable
  fiscal year under Subsection (e); or
                     (B)  a percentage of the member's compensation
  equal to the percentage provided by Paragraph (A) reduced by
  one-tenth of one percent for each one-tenth of one percent that the
  state contribution rate for the fiscal year to which the report
  month relates is less than the state contribution rate established
  for that fiscal year under Section 825.404(f).
         (c)  If a member is entitled to the minimum salary for
  certain school personnel under Section 21.402, Education Code, or
  if a member would have been entitled to the minimum salary for
  certain school personnel under former Section 16.056, Education
  Code, as that section existed on January 1, 1995, the employer
  shall, in addition to any contributions required under Section
  825.405, contribute monthly to the retirement system for each such
  member:
               (1)  for the period beginning with the report month of
  September 2014 and ending with the report month of August 2015, an
  amount equal to 1.5 percent of the statutory minimum salary
  determined under Section 825.405(b); [and]
               (2)  beginning with the report month for September 2015
  and ending with the report month of August 2019, an amount equal to
  the lesser of:
                     (A)  1.5 percent of the statutory minimum salary
  determined under Section 825.405(b); or
                     (B)  a percentage of the statutory minimum salary
  determined under Section 825.405(b) equal to 1.5 percent reduced by
  one-tenth of one percent for each one-tenth of one percent that the
  state contribution rate for the fiscal year to which the report
  month relates is less than the state contribution rate established
  for the 2015 fiscal year;
               (3)  beginning with the report month for September 2019
  and ending with the report month of August 2020, an amount equal to
  the lesser of:
                     (A)  1.5 percent of the statutory minimum salary
  determined under Section 825.405(b); or
                     (B)  a percentage of the statutory minimum salary
  determined under Section 825.405(b) equal to 1.5 percent reduced by
  one-tenth of one percent for each one-tenth of one percent that the
  state contribution rate for the fiscal year to which the report
  month relates is less than the state contribution rate established
  for that fiscal year under Section 825.404(f); and
               (4)  beginning with the report month for September
  2020, an amount equal to the lesser of:
                     (A)  a percentage of the statutory minimum salary
  determined under Section 825.405(b) equal to the rate of
  contribution provided for the applicable fiscal year under
  Subsection (e); or
                     (B)  a percentage of the statutory minimum salary
  determined under Section 825.405(b) equal to the percentage
  provided by Paragraph (A) reduced by one-tenth of one percent for
  each one-tenth of one percent that the state contribution rate for
  the fiscal year to which the report month relates is less than the
  state contribution rate established for that fiscal year under
  Section 825.404(f).
         (e)  Unless otherwise required by Subsection (b)(4)(B) or
  (c)(4)(B), employers shall contribute monthly to the retirement
  system in accordance with the requirements of this section at the
  following contribution rates:
               (1)  1.6 percent beginning with the report month for
  September 2020;
               (2)  1.7 percent beginning with the report month for
  September 2021;
               (3)  1.8 percent beginning with the report month for
  September 2022;
               (4)  1.9 percent beginning with the report month for
  September 2023; and
               (5)  two percent beginning with the report month for
  September 2024 and for all subsequent report months.
         SECTION 3.  Section 825.404, Government Code, is amended by
  amending Subsections (a) and (a-1) and adding Subsection (f) to
  read as follows:
         (a)  Except as provided by Subsections [Subsection] (a-1)
  and (f), during each fiscal year, the state shall contribute to the
  retirement system an amount equal to at least six and not more than
  10 percent of the aggregate annual compensation of all members of
  the retirement system during that fiscal year.
         (a-1)  In computing the amount owed by the state under this
  section [Subsection (a)], the compensation of members who are
  employed by public junior colleges or public junior college
  districts shall be included in the aggregate annual compensation as
  follows:
               (1)  50 percent of the eligible creditable compensation
  of employees who:
                     (A)  otherwise are eligible for membership in the
  retirement system; and
                     (B)  are instructional or administrative
  employees whose salaries may be fully paid from funds appropriated
  under the General Appropriations Act, regardless of whether such
  salaries are actually paid from appropriated funds; and
               (2)  none of the eligible creditable compensation of
  all other employees who:
                     (A)  do not meet the requirements of Subdivision
  (1)(B) but are otherwise eligible for membership in the retirement
  system; or
                     (B)  cannot be included as a qualifying employee
  under Subdivision (1) by application of Subsection (b-1).
         (f)  The state shall make its required contribution under
  Subsection (a) based on the following percentages of the aggregate
  annual compensation of all members of the retirement system during
  each applicable fiscal year:
               (1)  7.25 percent beginning on September 1, 2019;
               (2)  7.50 percent beginning on September 1, 2020;
               (3)  7.75 percent beginning on September 1, 2021;
               (4)  8.00 percent beginning on September 1, 2022; and
               (5)  8.25 percent beginning on September 1, 2023, and
  each subsequent fiscal year.
         SECTION 4.  (a)  The Teacher Retirement System of Texas
  shall make a one-time supplemental payment of a retirement or death
  benefit, as provided by this section.
         (b)  The one-time supplemental payment is payable not
  earlier than the first calendar month after the calendar month in
  which the state transfers to the Teacher Retirement System of Texas
  the amount described by Subsection (i) of this section. To the
  extent practicable, the Teacher Retirement System of Texas shall
  issue the supplemental payment on a date or dates that coincide with
  the regular annuity payment payable to each eligible annuitant.
         (c)  The amount of the supplemental payment is equal to the
  lesser of:
               (1)  the gross amount of the regular annuity payment to
  which the eligible annuitant is otherwise entitled for the calendar
  month immediately prior to the calendar month in which the Teacher
  Retirement System of Texas issues the one-time supplemental payment
  in accordance with Subsection (b) of this section; or
               (2)  $500.
         (d)  The supplemental payment is payable without regard to
  any forfeiture of benefits under Section 824.601, Government Code.
  The Teacher Retirement System of Texas shall make applicable tax
  withholding and other legally required deductions before
  disbursing the supplemental payment. A supplemental payment under
  this section is in addition to and not in lieu of the regular
  monthly annuity payment to which the eligible annuitant is
  otherwise entitled.
         (e)  Subject to Subsection (f) of this section, to be
  eligible for the supplemental payment, a person must be, for the
  calendar month immediately prior to the calendar month in which the
  Teacher Retirement System of Texas issues the one-time supplemental
  payment in accordance with Subsection (b) of this section, and
  disregarding any forfeiture of benefits under Section 824.601,
  Government Code, an annuitant eligible to receive:
               (1)  a standard retirement annuity payment;
               (2)  an optional retirement annuity payment as either a
  retiree or beneficiary;
               (3)  a life annuity payment under Section
  824.402(a)(4), Government Code;
               (4)  an annuity for a guaranteed period of 60 months
  under Section 824.402(a)(3), Government Code; or
               (5)  an alternate payee annuity payment under Section
  804.005, Government Code.
         (f)  If the annuitant is a retiree or a beneficiary under an
  optional retirement payment plan, to be eligible for the
  supplemental payment, the effective date of the retirement of the
  member of the Teacher Retirement System of Texas must have been on
  or before December 31, 2018. If the annuitant is a beneficiary
  under Section 824.402(a)(3) or (4), Government Code, to be eligible
  for the supplemental payment, the date of death of the member of the
  retirement system must have been on or before December 31, 2018.
  The supplemental payment shall be made to an alternate payee who is
  an annuitant under Section 804.005, Government Code, only if the
  annuity payment to the alternate payee commenced on or before
  December 31, 2018. The supplemental payment is in addition to the
  guaranteed number of payments under Section 824.402(a)(3), Section
  824.204(c)(3) or (4), or Section 824.308(c)(3) or (4), Government
  Code, and may not be counted as one of the guaranteed monthly
  payments.
         (g)  The supplemental payment does not apply to payments
  under:
               (1)  Section 824.304(a), Government Code, relating to
  disability retirees with less than 10 years of service credit;
               (2)  Section 824.804(b), Government Code, relating to
  participants in the deferred retirement option plan with regard to
  payments from their deferred retirement option plan accounts;
               (3)  Section 824.501(a), Government Code, relating to
  retiree survivor beneficiaries who receive a survivor annuity in an
  amount fixed by statute; or
               (4)  Section 824.404(a), Government Code, relating to
  active member survivor beneficiaries who receive a survivor annuity
  in an amount fixed by statute.
         (h)  The board of trustees of the Teacher Retirement System
  of Texas shall determine the eligibility for and the amount and
  timing of a supplemental payment and the manner in which the payment
  is made.
         (i)  The state shall appropriate to the Teacher Retirement
  System of Texas an amount equal to the cost of the one-time
  supplemental payment required by this section. This amount is in
  addition to the amount the state is required to contribute to the
  Teacher Retirement System of Texas under Section 825.404,
  Government Code, as amended by this Act.  If the state does not
  transfer the appropriated amount described by this subsection, the
  Teacher Retirement System of Texas shall not issue the one-time
  supplemental payment required by this section.
         SECTION 5.  This Act takes effect September 1, 2019.