1-1  By:  Ogden (Senate Sponsor - Ratliff)                 H.B. No. 2118
    1-2        (In the Senate - Received from the House May 13, 1993;
    1-3  May 14, 1993, read first time and referred to Committee on
    1-4  Education; May 28, 1993, reported favorably by the following vote:
    1-5  Yeas 8, Nays 2; May 28, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Ratliff            x                               
    1-9        Haley                      x                       
   1-10        Barrientos         x                               
   1-11        Bivins             x                               
   1-12        Harris of Tarrant          x                       
   1-13        Luna                                           x   
   1-14        Montford           x                               
   1-15        Shapiro            x                               
   1-16        Sibley             x                               
   1-17        Turner             x                               
   1-18        Zaffirini          x                               
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to credit in the Teacher Retirement System of Texas for
   1-22  certain military service.
   1-23        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-24        SECTION 1.  Subchapter D, Chapter 823, Government Code, is
   1-25  amended by adding Section 823.3021 to read as follows:
   1-26        Sec. 823.3021.  SPECIAL MILITARY SERVICE CREDIT.  (a)  An
   1-27  eligible member may establish service credit in the retirement
   1-28  system for special military service that is creditable under this
   1-29  section.
   1-30        (b)  Special military service creditable in the retirement
   1-31  system is active service in the armed forces of the United States
   1-32  that terminated with an honorable discharge.
   1-33        (c)  A member eligible to establish credit under this section
   1-34  is one who:
   1-35              (1)  is not eligible for federal military retirement
   1-36  benefits;
   1-37              (2)  participated in a special separation benefits
   1-38  program established under federal law;
   1-39              (3)  became a member not later than the fourth
   1-40  anniversary of the date the person's military service terminated;
   1-41  and
   1-42              (4)  is a classroom teacher employed by a school
   1-43  district.
   1-44        (d)  A member eligible to establish credit under this section
   1-45  may not qualify for insurance coverage under the Texas Public
   1-46  School Retired Employees Group Insurance Act (Article 3.50-4,
   1-47  Insurance Code) unless the member retires with 10 or more years of
   1-48  membership service credit for actual service in public schools and
   1-49  complies with any other requirements for coverage provided by that
   1-50  article.
   1-51        (e)  A member may not establish credit under this section for
   1-52  more than the lesser of the number of years of active service in
   1-53  the armed forces of the United States that terminated with an
   1-54  honorable discharge or one year less than the number of years of
   1-55  service required to be eligible for federal military retirement
   1-56  benefits.
   1-57        (f)  Not later than the first anniversary of the date the
   1-58  person becomes a member of the retirement system, the member may
   1-59  establish credit under this section by making a lump-sum deposit
   1-60  with the retirement system of:
   1-61              (1)  the actuarial present value of the additional
   1-62  standard service retirement benefit that would be attributable to
   1-63  the credit under this section based on actuarial rates and tables
   1-64  adopted by the board of trustees; and
   1-65              (2)  any membership fees that would have been paid had
   1-66  the service for which credit is sought been performed as a member
   1-67  of the retirement system.
   1-68        (g)  A member must submit an application and any appropriate
    2-1  documents requested by the retirement system to establish service
    2-2  credit under this section.
    2-3        (h)  After a member makes the deposit required by Subsection
    2-4  (f), the retirement system shall grant the member one year of
    2-5  service credit for each year of military service approved under
    2-6  this section.
    2-7        (i)  The retirement system may not use credit established
    2-8  under this section in computing retirement or death benefits until
    2-9  the member has at least five years of service credit for actual
   2-10  service in public schools performed after the date the military
   2-11  service approved under this section was performed.
   2-12        (j)  A deposit made by a member under Subsection (f)(1) is
   2-13  refundable to the member or, if applicable, to the member's
   2-14  beneficiary if the member becomes eligible to receive federal
   2-15  military retirement benefits, if the member's beneficiary becomes
   2-16  eligible to receive federal military retirement benefits based on
   2-17  the member's service, or if credit established under this section
   2-18  is not used in determining benefits.  Before paying a retirement or
   2-19  death benefit that is computed using service credit established
   2-20  under this section, the retirement system may require proof of
   2-21  ineligibility to receive federal military retirement benefits.
   2-22        (k)  A person who receives any credit under this section may
   2-23  not establish credit under Sections 823.301 and 823.302.
   2-24        (l)  This section expires on the earlier of:
   2-25              (1)  September 1, 2001; or
   2-26              (2)  the effective date of a federal law that permits
   2-27  military retirement credit for state or local governmental service,
   2-28  including public school service.
   2-29        SECTION 2.  Section 825.307(a), Government Code, is amended
   2-30  to read as follows:
   2-31        (a)  The retirement system shall deposit in a member's
   2-32  individual account in the member savings account:
   2-33              (1)  the amount of contributions to the retirement
   2-34  system that is deducted from the member's compensation;
   2-35              (2)  the portion of a deposit made on or after
   2-36  resumption of membership that represents the amount of retirement
   2-37  benefits received;
   2-38              (3)  the portion of a deposit to reinstate service
   2-39  credit previously canceled that represents the amount withdrawn or
   2-40  refunded;
   2-41              (4)  the portion of a deposit to establish membership
   2-42  service credit previously waived that is required by Section
   2-43  823.202(b)(1);
   2-44              (5)  the portion of a deposit to establish membership
   2-45  service credit for service performed after retirement that is
   2-46  required by Section 823.502(c)(3) or (c)(5);
   2-47              (6)  the portion of a deposit to establish military
   2-48  service credit required by Section 823.302(c);
   2-49              (7)  the portion of a deposit to establish equivalent
   2-50  membership service credit required by Section 823.401(d), <or>
   2-51  823.402(e)(1) or (e)(2), or 823.3021(f)(1); and
   2-52              (8)  interest earned on money in the account as
   2-53  provided by Subsections (b) and (c) and Section 825.313(b)(1).
   2-54        SECTION 3.  Section 825.312(a), Government Code, is amended
   2-55  to read as follows:
   2-56        (a)  The retirement system shall deposit in the expense
   2-57  account:
   2-58              (1)  all membership fees required by this subtitle,
   2-59  including the fees under Section 823.3021(f)(2); and
   2-60              (2)  money required to be deposited in the account by
   2-61  Section 825.313(b)(3) or 825.313(c).
   2-62        SECTION 4.  This Act may not be interpreted as in any manner
   2-63  limiting the authority of the board of trustees of the Teacher
   2-64  Retirement System of Texas under Section 825.506, Government Code,
   2-65  to take any action, including the deletion, with retroactive
   2-66  effect, of any of the provisions of Section 823.3021, Government
   2-67  Code, as added by this Act, the board of trustees determines is
   2-68  necessary to maintain the qualification of the retirement system's
   2-69  benefit plan under Section 401(a) of the Internal Revenue Code of
   2-70  1986 (26 U.S.C. Section 401(a)).
    3-1        SECTION 5.  The importance of this legislation and the
    3-2  crowded condition of the calendars in both houses create an
    3-3  emergency and an imperative public necessity that the
    3-4  constitutional rule requiring bills to be read on three several
    3-5  days in each house be suspended, and this rule is hereby suspended,
    3-6  and that this Act take effect and be in force from and after its
    3-7  passage, and it is so enacted.
    3-8                               * * * * *
    3-9                                                         Austin,
   3-10  Texas
   3-11                                                         May 28, 1993
   3-12  Hon. Bob Bullock
   3-13  President of the Senate
   3-14  Sir:
   3-15  We, your Committee on Education to which was referred H.B.
   3-16  No. 2118, have had the same under consideration, and I am
   3-17  instructed to report it back to the Senate with the recommendation
   3-18  that it do pass and be printed.
   3-19                                                         Ratliff,
   3-20  Chairman
   3-21                               * * * * *
   3-22                               WITNESSES
   3-23                                                  FOR   AGAINST  ON
   3-24  ___________________________________________________________________
   3-25  Name:  Walter Hinojosa                           x
   3-26  Representing:  TX Federation of Teachers
   3-27  City:  Austin
   3-28  -------------------------------------------------------------------
   3-29  Name:  Bill Hobby                                x
   3-30  Representing:  Self
   3-31  City:  Austin
   3-32  -------------------------------------------------------------------
   3-33  Name:  Charmaine Rhodes                                        x
   3-34  Representing:  Teacher Retirement System
   3-35  City:  Austin
   3-36  -------------------------------------------------------------------
   3-37  Name:  Katherine S. Lowry                        x
   3-38  Representing:  Self
   3-39  City:  Austin
   3-40  -------------------------------------------------------------------