By Ogden                                              H.B. No. 2118
          Substitute the following for H.B. No. 2118:
          By Marchant                                       C.S.H.B. No. 2118
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to credit in the Teacher Retirement System of Texas for
    1-3  certain military service.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter D, Chapter 823, Government Code, is
    1-6  amended by adding Section 823.3021 to read as follows:
    1-7        Sec. 823.3021.  SPECIAL MILITARY SERVICE CREDIT.  (a)  An
    1-8  eligible member may establish service credit in the retirement
    1-9  system for special military service that is creditable under this
   1-10  section.
   1-11        (b)  Special military service creditable in the retirement
   1-12  system is active service in the armed forces of the United States
   1-13  that terminated with an honorable discharge.
   1-14        (c)  A member eligible to establish credit under this section
   1-15  is one who:
   1-16              (1)  is not eligible for federal military retirement
   1-17  benefits;
   1-18              (2)  participated in a special separation benefits
   1-19  program established under federal law;
   1-20              (3)  became a member not later than the second
   1-21  anniversary of the date the person's military service terminated;
   1-22  and
   1-23              (4)  is a classroom teacher employed by a school
   1-24  district.
    2-1        (d)  A member eligible to establish credit under this section
    2-2  may not qualify for insurance coverage under the Texas Public
    2-3  School Retired Employees Group Insurance Act (Article 3.50-4,
    2-4  Insurance Code) unless the member retires with 10 or more years of
    2-5  membership service credit for actual service in public schools and
    2-6  complies with any other requirements for coverage provided by that
    2-7  article.
    2-8        (e)  A member may not establish credit under this section for
    2-9  more than one year less than the number of years of service
   2-10  required to be eligible for federal military retirement benefits.
   2-11        (f)  Not later than the first anniversary of the date the
   2-12  person becomes a member of the retirement system, the member may
   2-13  establish credit under this section by making a lump-sum deposit
   2-14  with the retirement system of:
   2-15              (1)  the actuarial present value of the additional
   2-16  standard service retirement benefit that would be attributable to
   2-17  the credit under this section based on actuarial rates and tables
   2-18  adopted by the board of trustees; and
   2-19              (2)  any membership fees that would have been paid had
   2-20  the service for which credit is sought been performed as a member
   2-21  of the retirement system.
   2-22        (g)  A member must submit an application and any appropriate
   2-23  documents requested by the retirement system to establish service
   2-24  credit under this section.
   2-25        (h)  After a member makes the deposit required by Subsection
   2-26  (f), the retirement system shall grant the member one year of
   2-27  service credit for each year of military service approved under
    3-1  this section.
    3-2        (i)  The retirement system may not use credit established
    3-3  under this section in computing retirement or death benefits until
    3-4  the member has at least five years of service credit for actual
    3-5  service in public schools.
    3-6        (j)  A deposit made by a member under Subsection (f)(1) is
    3-7  refundable to the member or, if applicable, to the member's
    3-8  beneficiary if the member becomes eligible to receive federal
    3-9  military retirement benefits, if the member's beneficiary becomes
   3-10  eligible to receive federal military retirement benefits based on
   3-11  the member's service, or if credit established under this section
   3-12  is not used in determining benefits.  Before paying a retirement or
   3-13  death benefit that is computed using service credit established
   3-14  under this section, the retirement system may require proof of
   3-15  ineligibility to receive federal military retirement benefits.
   3-16        (k)  A person who receives any credit under this section may
   3-17  not establish credit under Sections 823.301 and 823.302.
   3-18        (l)  This section expires on the earlier of:
   3-19              (1)  September 1, 2001; or
   3-20              (2)  the effective date of a federal law that permits
   3-21  military retirement credit for state or local governmental service,
   3-22  including public school service.
   3-23        SECTION 2.  Section 825.307(a), Government Code, is amended
   3-24  to read as follows:
   3-25        (a)  The retirement system shall deposit in a member's
   3-26  individual account in the member savings account:
   3-27              (1)  the amount of contributions to the retirement
    4-1  system that is deducted from the member's compensation;
    4-2              (2)  the portion of a deposit made on or after
    4-3  resumption of membership that represents the amount of retirement
    4-4  benefits received;
    4-5              (3)  the portion of a deposit to reinstate service
    4-6  credit previously canceled that represents the amount withdrawn or
    4-7  refunded;
    4-8              (4)  the portion of a deposit to establish membership
    4-9  service credit previously waived that is required by Section
   4-10  823.202(b)(1);
   4-11              (5)  the portion of a deposit to establish membership
   4-12  service credit for service performed after retirement that is
   4-13  required by Section 823.502(c)(3) or (c)(5);
   4-14              (6)  the portion of a deposit to establish military
   4-15  service credit required by Section 823.302(c);
   4-16              (7)  the portion of a deposit to establish equivalent
   4-17  membership service credit required by Section 823.401(d), <or>
   4-18  823.402(e)(1) or (e)(2), or 823.3021(f)(1); and
   4-19              (8)  interest earned on money in the account as
   4-20  provided by Subsections (b) and (c) and Section 825.313(b)(1).
   4-21        SECTION 3.  Section 825.312(a), Government Code, is amended
   4-22  to read as follows:
   4-23        (a)  The retirement system shall deposit in the expense
   4-24  account:
   4-25              (1)  all membership fees required by this subtitle,
   4-26  including the fees under Section 823.3021(f)(2); and
   4-27              (2)  money required to be deposited in the account by
    5-1  Section 825.313(b)(3) or 825.313(c).
    5-2        SECTION 4.  This Act may not be interpreted as in any manner
    5-3  limiting the authority of the board of trustees of the Teacher
    5-4  Retirement System of Texas under Section 825.506, Government Code,
    5-5  to take any action, including the deletion, with retroactive
    5-6  effect, of any of the provisions of Section 823.3021, Government
    5-7  Code, as added by this Act, the board of trustees determines is
    5-8  necessary to maintain the qualification of the retirement system's
    5-9  benefit plan under Section 401(a) of the Internal Revenue Code of
   5-10  1986 (26 U.S.C. Section 401(a)).
   5-11        SECTION 5.  The importance of this legislation and the
   5-12  crowded condition of the calendars in both houses create an
   5-13  emergency and an imperative public necessity that the
   5-14  constitutional rule requiring bills to be read on three several
   5-15  days in each house be suspended, and this rule is hereby suspended,
   5-16  and that this Act take effect and be in force from and after its
   5-17  passage, and it is so enacted.