HBA-DMH, CCH H.B. 783 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 783
By: Tillery
Pensions and Investments
5/1/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, the confidentiality of Teacher Retirement System of Texas (TRS)
members' records may be ambiguous.  In addition, it is believed that
changes to provisions governing annuity payments and premium taxes may
better serve the members of TRS.  House Bill 783 increases annuity payments
for certain individuals, specifies that optional insurance coverage is not
subject to a premium tax, and clarifies the confidentiality of TRS members'
records. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the board of trustees of the Teacher
Retirement System of Texas in SECTION 7 (Article 6228a-5, V.T.C.S.) of this
bill. 

ANALYSIS

House Bill 783 amends the Government and Insurance codes and Vernon's Texas
Civil Statutes relating to the administration of the Teacher Retirement
System of Texas (TRS).  The bill increases from 2.2 to 2.3 percent the
multiplier for each year of service credit in TRS that is utilized to
compute members' standard service retirement annuity and the standard
service retirement annuity or the annual death benefit annuity for those
who were classroom teachers or full-time librarians immediately before
retirement or at the time of death (SECTION 2). 

Employing districts that fail to remit all required member and employer
deposits  before the 4th day, rather than the 11th day, after the last day
of a month are required to pay the deposits and interest on the unpaid or
undocumented amounts at a specified rate (SECTIONS 3 and 8). 

The bill modifies the provisions relating to the release, disclosure, and
confidentiality of records of certain individuals (SECTION 5).  The bill
requires each educational institution to offer investments that are created
and approved by the board of trustees of TRS.  The bill requires, to the
greatest degree possible, employers of employees who participate in the
investment program offered to require that contributions to investments be
directly deposited into investment accounts by automatic payroll
deductions.  The board of trustees of TRS is authorized to adopt rules to
administer these provisions (SECTION 7). 

The bill provides that a premium or contribution on a policy, insurance
contract, or other authorized agreement is not subject to any state tax,
regulatory fee, or surcharge  (SECTIONS 9 and 10).  The bill prohibits TRS
from withholding monthly benefit payments for certain retirees (SECTION 6).
The bill sets forth the procedure by which monthly payments of death or
retirement benefit annuities are paid by TRS beginning with the payment due
at the end of September 2001 and provides for the computation method of
monthly payments for certain retirees. For the purpose of computing the
monthly payments of annuities for retirees who retired on or before August
31, 2000, the amount of the monthly payment is equal to the amount of the
last monthly payment made before September 1, 2001 multiplied by 1.06.
After making this computation, TRS is required to increase the monthly
payment of each annuity made by TRS by 4.5 percent beginning on September
1, 2001.  The increase does not apply to payments made for disability
retirement benefits if a member has less than 10 years of service credit in
TRS, or to specified survivor benefits (SECTION 11). 

EFFECTIVE DATE

September 1, 2001.