By:  Ogden                                            H.B. No. 2118
       73R5199 SOS-F
                                 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 10 U.S.C. Section 1174a; and
   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        (d)  An eligible member does not qualify for insurance
   1-23  coverage until the member has 10 or more years of membership
   1-24  service credit.
    2-1        (e)  A member may not establish credit under this section for
    2-2  more than one year less than the number of years of service
    2-3  required to be eligible for federal military retirement benefits.
    2-4        (f)  Not later than the first anniversary of the date the
    2-5  person becomes a member of the retirement system, the member may
    2-6  establish credit under this section by making a lump-sum deposit
    2-7  with the retirement system of:
    2-8              (1)  the actuarial present value of the additional
    2-9  standard service retirement benefit that would be attributable to
   2-10  the credit under this section based on actuarial rates and tables
   2-11  adopted by the board of trustees; and
   2-12              (2)  any membership fees that would have been paid had
   2-13  the service for which credit is sought been performed as a member
   2-14  of the retirement system.
   2-15        (g)  A member must submit an application and any appropriate
   2-16  documents requested by the retirement system to establish service
   2-17  credit under this section.
   2-18        (h)  After a member makes the deposit required by Subsection
   2-19  (f), the retirement system shall grant the member one year of
   2-20  service credit for each year of military service approved under
   2-21  this section.
   2-22        (i)  The retirement system may not use credit established
   2-23  under this section in computing retirement or death benefits until
   2-24  the member has at least five years of service credit for actual
   2-25  service in public schools.
   2-26        (j)  A deposit made by a member under Subsection (f)(1) is
   2-27  refundable to the member or, if applicable, to the member's
    3-1  beneficiary if the member becomes eligible to receive federal
    3-2  military retirement benefits, if the member's beneficiary becomes
    3-3  eligible to receive federal military retirement benefits based on
    3-4  the member's service, or if credit established under this section
    3-5  is not used in determining benefits.  Before paying a retirement or
    3-6  death benefit that is computed using service credit established
    3-7  under this section, the retirement system may require proof of
    3-8  ineligibility to receive federal military retirement benefits.
    3-9        (k)  A person who receives credit under this section may not
   3-10  establish credit under Sections 823.301 and 823.302 for the same
   3-11  service.
   3-12        (l)  This section expires on the earlier of:
   3-13              (1)  September 1, 2001; or
   3-14              (2)  the effective date of a federal law that permits
   3-15  military retirement credit for state or local governmental service,
   3-16  including public school service.
   3-17        SECTION 2.  Section 825.307(a), Government Code, is amended
   3-18  to read as follows:
   3-19        (a)  The retirement system shall deposit in a member's
   3-20  individual account in the member savings account:
   3-21              (1)  the amount of contributions to the retirement
   3-22  system that is deducted from the member's compensation;
   3-23              (2)  the portion of a deposit made on or after
   3-24  resumption of membership that represents the amount of retirement
   3-25  benefits received;
   3-26              (3)  the portion of a deposit to reinstate service
   3-27  credit previously canceled that represents the amount withdrawn or
    4-1  refunded;
    4-2              (4)  the portion of a deposit to establish membership
    4-3  service credit previously waived that is required by Section
    4-4  823.202(b)(1);
    4-5              (5)  the portion of a deposit to establish membership
    4-6  service credit for service performed after retirement that is
    4-7  required by Section 823.502(c)(3) or (c)(5);
    4-8              (6)  the portion of a deposit to establish military
    4-9  service credit required by Section 823.302(c);
   4-10              (7)  the portion of a deposit to establish equivalent
   4-11  membership service credit required by Section 823.401(d), <or>
   4-12  823.402(e)(1) or (e)(2), or 823.3021(f)(1); and
   4-13              (8)  interest earned on money in the account as
   4-14  provided by Subsections (b) and (c) and Section 825.313(b)(1).
   4-15        SECTION 3.  Section 825.308, Government Code, is amended to
   4-16  read as follows:
   4-17        Sec. 825.308.  STATE CONTRIBUTION ACCOUNT.  The retirement
   4-18  system shall deposit in the state contribution account:
   4-19              (1)  all state contributions to the retirement system
   4-20  required by Section 825.404;
   4-21              (2)  amounts from the interest account as provided by
   4-22  Section 825.313(b)(5);
   4-23              (3)  retirement annuities waived or forfeited in
   4-24  accordance with Section 824.601 or 824.004;
   4-25              (4)  fees collected under Section 825.403(h);
   4-26              (5)  fees and interest for reinstatement of service
   4-27  credit or establishment of membership service credit as provided by
    5-1  Section 823.202, 823.501, or 823.502;
    5-2              (6)  the portion of a deposit required by Section
    5-3  823.302 to establish military service credit that represents a fee;
    5-4  and
    5-5              (7)  the portion of a deposit required by Section
    5-6  823.401(e) or 823.3021(f)(2) <to establish out-of-state service
    5-7  credit> that represents a fee.
    5-8        SECTION 4.  The importance of this legislation and the
    5-9  crowded condition of the calendars in both houses create an
   5-10  emergency and an imperative public necessity that the
   5-11  constitutional rule requiring bills to be read on three several
   5-12  days in each house be suspended, and this rule is hereby suspended,
   5-13  and that this Act take effect and be in force from and after its
   5-14  passage, and it is so enacted.