Legislative Activity Related to ERS

Throughout the 88th regular Texas Legislature, ERS monitored legislation related to our benefits and operations. View a brief overview of newly enacted laws from the 88th regular legislative session that have a major impact on ERS’ benefits programs. The following table provides additional information about all new laws that affect ERS’ benefits programs and operations. 

ERS will continue to monitor special sessions for relevant legislation.

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Passed Legislation Affecting the Employees Retirement System of Texas, 88th Texas Legislature, Regular Session

BillAuthorSummaryEffective Date
General Appropriations Bills
SB 1


  • ERS – Maintains state contribution rates of 9.5% for both years of biennium; plus an additional state agency contribution at the rate of 0.5% of base payroll. Appropriated $510M each year of the biennium in Legacy Payments. Appropriated $1B for a one-time additional Legacy Payment (estimated that with this additional, one-time payment, the state will avoid $5.16B in interest over the life of the Legacy Payment schedule)
  • LECOSRF – Increased the state contribution by 1.25% (for 1.75% total) to meet LECO Plan normal cost. Appropriated a single lump sum of $72M to eliminate the LECO unfunded liability
  • JRS 2 – Increased the state contribution by 3.587% (for 19.25%) to meet the JRS2 Plan normal cost. Appropriated a single lump sum of $99M to eliminate the JRS2 unfunded liability

Group Health Plan: 

  • Fully funded
  • Maintains current 100% member and 50% dependent state contribution
  • Maintains 1% of base payroll contribution from participating state agencies and higher education institutions
HB 1
HB 1393FrankCreates new optional retirement annuity that begins at an actuarially reduced amount, but increases over time.
Sept. 1, 2023
SB 1245HuffmanCreates a new cash balance benefit for judges who take office on or after Sept. 1, 2024.Sept. 1, 2024
SB 729HuffmanTechnical corrections to the cash balance benefit for individuals employed by the state on or after Sept. 2, 2022.
May 19, 2023
SB 1509HuffmanRepeals the provision that allows certain ERS members to retire in place.May 19, 2023
Chapter 615
(Survivor benefits for officers killed in the line of duty)
HB 90PattersonWould provide Chapter 615 benefits to survivors of Texas Military killed on duty in active duty.
Sept. 1, 2023
Insurance - Coverages
HB 109Johnson J.Requires health plans, including the Texas Employees Group Benefits Program (GBP), to permit participants to choose hearing aids.
Sept. 1, 2023
HB 916OrdazRequires a health plan, including the GBP, to cover a 12-month supply of a contraceptive drug when refilled.Sept. 1, 2023
Insurance - Plan Design/Funding
HB 4990Bonnen
Creates the Pharmaceutical Initiative to provide cost-effective access to prescription drugs for state health plans, including the GBP.June 12, 2023
Insurance - Eligibility
HB 1455Anchia
Permits wrongfully imprisoned individuals to enroll their dependents in the GBP.
Sept. 1, 2023
HB 3813DeAyalaAllows certain annuitants with ERS and TRS service to receive health insurance from ERS.Sept. 1, 2023