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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 82(R)

Senate Bill 1668

Senate Author:  Duncan

Effective:  9-1-11

House Sponsor:  Truitt


            Senate Bill 1668 amends the Government Code to replace the additional reemployed veteran's credit that a person can establish in the Teacher Retirement System of Texas (TRS) for the person's active duty service in the United States armed forces with a USERRA credit and changes the qualification requirements for establishing such credit by reference to the federal Uniformed Services Employment and Reemployment Rights Act of 1994 rather than to the federal Veteran's Reemployment Rights Act.

            Senate Bill 1668 revises the eligibility requirements for establishing equivalent membership service credit for employment with an out-of-state public school system by requiring at least one year of service credit in TRS for actual in-state service completed after the relevant out-of-state service and revises the eligibility requirements for establishing equivalent membership service credit for developmental leave that is creditable in TRS by specifying a minimum number of years of service credited in TRS before and after that leave.

            Senate Bill 1668 prohibits TRS, if deductions for member contributions were previously required but not paid, from providing benefits based on the service or compensation unless the deposits required for membership fees and contributions have been fully paid and establishes verification requirements for the person and the person's employer regarding the rendering of unreported service or payment of compensation. The bill removes the option for a member to submit other specified records in lieu of employer documentation and prohibits a person who does not obtain proof of service satisfactory to TRS from establishing the service or compensation credit. The bill authorizes a person to establish developmental leave credit, credit that was canceled by membership termination, or credit for previously unreported service or compensation by paying the deposits and fees required under previous law if certain conditions are met.

            Senate Bill 1668 revises provisions relating to the amount of deposit required to purchase USERRA credits for active duty military service or to establish out-of-state service credit, equivalent membership service credit for developmental leave, or service or compensation credit for unreported service and increases the amount of the reinstatement fee for a member who terminated the member's TRS membership and becomes eligible to reinstate the canceled service credit. If the person does not make the deposits required to establish a USERRA credit, the bill authorizes TRS to consider the period of active duty in determining whether the person meets the length-of-service eligibility requirements for retirement or other TRS benefits. The bill makes certain provisions relating to deposit requirements for establishing out-of-state service credit, as amended by previous law, applicable to a person who was a member of TRS on December 31, 2005, and to out-of-state service performed before January 1, 2006.

            Senate Bill 1668 repeals certain provisions relating to the establishment of out-of-state service credit, to the establishment of developmental leave credit, and to service credit canceled by membership termination.