By: Munoz H.B. No. 973 73R4418 SOS-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the establishment of credit in the Employees Retirement 1-3 System of Texas for certain military service. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 813.301, Government Code, is amended by 1-6 amending Subsection (a) and adding Subsection (c) to read as 1-7 follows: 1-8 (a) Military service creditable in the retirement system is: 1-9 (1) active federal duty as a member of the armed 1-10 forces of the United States; 1-11 (2) service as a member of the Texas National Guard; 1-12 or 1-13 (3) service in any of the reserve components of the 1-14 armed forces of the United States. 1-15 (c) Service is creditable under this section for active 1-16 federal duty as a member of the armed forces of the United States 1-17 at the rate of one month of service credit for each month of that 1-18 service. Service is creditable under this section for service as a 1-19 member of the Texas National Guard or service in any of the reserve 1-20 components of the armed forces of the United States at the rate of 1-21 one month of service credit for each three months of that service. 1-22 SECTION 2. Section 813.302(c), Government Code, is amended 1-23 to read as follows: 1-24 (c) A member may establish credit under this section by 2-1 depositing with the retirement system in a lump sum or in the 2-2 manner provided by Section 813.3021 a contribution computed as 2-3 provided by Section 813.404 or 813.505, plus, if the member does 2-4 not establish the credit before the first anniversary of the date 2-5 of first eligibility, interest computed on the basis of the state 2-6 fiscal year at an annual rate of 10 percent from the date of first 2-7 eligibility to the date of deposit. 2-8 SECTION 3. Subchapter D, Chapter 813, Government Code, is 2-9 amended by adding Section 813.3021 to read as follows: 2-10 Sec. 813.3021. Alternative Payments to Establish Military 2-11 Service Credit. (a) A member may establish military service 2-12 creditable in the retirement system by making payments as provided 2-13 by this section in lieu of lump-sum payments required by Section 2-14 813.302. 2-15 (b) A payment authorized by this section consists of the 2-16 contribution required to establish at least one year of service 2-17 credit, including any required interest, except that a person's 2-18 last in a series of payments under this section may be for a period 2-19 of remaining service that is less than one year. 2-20 (c) A person who establishes service credit under this 2-21 section must purchase the oldest service first. 2-22 (d) The retirement system shall grant the applicable amount 2-23 of service credit after each payment is made under this section. 2-24 (e) Payments may not be made under this section to establish 2-25 service credit of a person who has retired or died. 2-26 (f) The retirement system may adopt rules to administer this 2-27 section. 3-1 SECTION 4. Section 813.505(b), Government Code, is amended 3-2 to read as follows: 3-3 (b) A member claiming credit in the employee class for 3-4 military service not previously established shall, for each month 3-5 of the creditable service, pay a contribution in an amount equal to 3-6 the greater of: 3-7 (1) the amount that the member contributed for the 3-8 first full month of membership service that is after the member's 3-9 date of release from active military duty and that is credited in 3-10 the retirement system; or 3-11 (2) $18. 3-12 SECTION 5. The importance of this legislation and the 3-13 crowded condition of the calendars in both houses create an 3-14 emergency and an imperative public necessity that the 3-15 constitutional rule requiring bills to be read on three several 3-16 days in each house be suspended, and this rule is hereby suspended, 3-17 and that this Act take effect and be in force from and after its 3-18 passage, and it is so enacted.