34 TAC §73.43
The Employees Retirement System of Texas (ERS) proposes new
rule 34 TAC §73.43, concerning the deduction from an ERS annuity for
certain membership fees. This section is added to further comply with and
conform to Senate Bill 292, 77th Legislature, Regular Session, as it relates
to the addition of Texas Government Code §814.009.
New subsection (a) of §73.43 authorizes, in a manner specified by
the System, a deduction by a person who receives an annuity from ERS.
New subsection (b) of §73.43 provides that certain state employee
organizations must certify to ERS that they meet the requirements of a state
employee organization as specified in Texas Government Code §814.009(a)(2).
New subsection (c) of §73.43 authorizes ERS to provide a state employee
organization such identifying information as the System deems necessary to
identify a person who has elected to participate in the deduction program.
New subsection (d) of §73.43 provides that a person who disputes any
aspect of a membership fee deduction must seek resolution through the applicable
state employee organization and that the system is not liable or responsible
for any damages or consequences related to any dispute or deduction.
Paula A. Jones, General Counsel, has determined that for the first five-year
period the rule is in effect, there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule, and
small businesses and individuals will not be affected.
Ms. Jones also determined that for each year of the first five years the
rule is in effect the public benefit anticipated as a result of enforcing
the rule will be clarification on the new benefit of deducting certain membership
fee(s) from an annuity. There are no known anticipated economic costs to persons
who are required to comply with the rule as proposed.
Comments on the proposed new rule may be submitted to Paula A. Jones, General
Counsel, Employees Retirement System of Texas, P.O. Box 13207, Austin, Texas
78711-3207, or e-mail Ms. Jones at pjones@ers.state.tx.us. The deadline for
receiving comments is 10:00 a.m. on Monday, June 6, 2005.
The new rule is proposed under Texas Government Code, §814.009(c),
which provides authorization for the board of trustees to adopt rules governing
the deduction from an ERS annuity and Texas Government Code §815.102(a)(2),
which provides authorization for the board of trustees to adopt rules for
the administration of the funds of the retirement system.
No other statutes are affected by this proposed new rule.
§73.43.Deduction from Annuity for Certain Membership Fees.
(a)
A person who receives an annuity from the Employees Retirement
System of Texas (System) may authorize, in the manner specified by the System,
one or more deductions from the person's monthly annuity to pay membership
fees in a state employee organization as provided by Texas Government Code §814.009.
(b)
An organization that meets the certification requirement
specified in Texas Government Code §814.009(a)(2) must certify to the
System that the requirement has been met before participating in the membership
fee deduction program and at such other times as may be determined by the
System.
(c)
The System may provide to a state employee organization
such identifying information, as the System considers necessary, to properly
identify a person who elects to participate in the membership fee deduction
program.
(d)
The System is not liable or responsible for any damages
or consequences resulting from a person's authorization or cancellation of
a deduction under this section. A person who disputes any aspect of an authorization
or cancellation must seek resolution through the applicable state employee
organization.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on April 25, 2005.
TRD-200501690
Paula A. Jones
General Counsel
Employees Retirement System of Texas
Earliest possible date of adoption: June 5, 2005
For further information, please call: (512) 867-7421