By: Barrientos S.B. No. 978
73R3364 GCH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to computation of benefits from the Employees Retirement
1-3 System of Texas for, and contributions to the retirement system
1-4 from, law enforcement and custodial officers.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 814.107(b), Government Code, is amended
1-7 to read as follows:
1-8 (b) The standard service retirement annuity payable for at
1-9 least 20 years of service credit as a law enforcement or custodial
1-10 officer is an amount computed on the basis of the member's average
1-11 monthly compensation for that service for the 36 highest months of
1-12 compensation, times a percentage derived from the following table:
1-13 Years of Law Enforcement or Percentage of Average
1-14 Custodial Officer Service Credit Monthly Compensation
1-15 at least 20 but less than 21 60 <50> percent
1-16 at least 21 but less than 22 62 <52> percent
1-17 at least 22 but less than 23 64 <54> percent
1-18 at least 23 but less than 24 66 <56> percent
1-19 at least 24 but less than 25 68 <58> percent
1-20 at least 25 but less than 26 70 <60> percent
1-21 at least 26 but less than 27 72 <62> percent
1-22 at least 27 but less than 28 74 <64> percent
1-23 at least 28 but less than 29 76 <66> percent
1-24 at least 29 but less than 30 78 <68> percent
2-1 30 or more 80 percent
2-2 <at least 30 but less than 31> <70 percent>
2-3 <at least 31 but less than 32> <71 percent>
2-4 <at least 32 but less than 33> <72 percent>
2-5 <at least 33 but less than 34> <73 percent>
2-6 <at least 34 but less than 35> <74 percent>
2-7 <at least 35 but less than 36> <75 percent>
2-8 <at least 36 but less than 37> <76 percent>
2-9 <at least 37 but less than 38> <77 percent>
2-10 <at least 38 but less than 39> <78 percent>
2-11 <at least 39 but less than 40> <79 percent>
2-12 <40 or more> <80 percent>
2-13 SECTION 2. Section 815.317(a), Government Code, is amended
2-14 to read as follows:
2-15 (a) The retirement system shall deposit in the law
2-16 enforcement and custodial officer supplemental retirement fund
2-17 contributions made as provided by Section 815.402(b), payments made
2-18 as provided by Section 815.405, any appropriations made by the
2-19 legislature to the fund, money collected under Section 2(l),
2-20 Chapter 88, General Laws, Acts of the 41st Legislature, 2nd Called
2-21 Session, 1929 (Article 6675a-2, Vernon's Texas Civil Statutes), and
2-22 proceeds from investment of the fund.
2-23 SECTION 3. Section 815.402, Government Code, is amended to
2-24 read as follows:
2-25 Sec. 815.402. Collection of Member Contributions. (a) Each
2-26 payroll period, each department or agency of the state shall cause
2-27 to be deducted from each member's compensation a contribution of:
3-1 (1) six percent of the compensation if the member is
3-2 not a member of the legislature; or
3-3 (2) eight percent of the compensation if the member is
3-4 a member of the legislature.
3-5 (b) Each payroll period, each department or agency of the
3-6 state employing a law enforcement officer or custodial officer
3-7 shall cause to be deducted from the officer's compensation a
3-8 contribution, in addition to the contribution required by
3-9 Subsection (a), of 2.6 percent of the officer's salary.
3-10 (c) To facilitate the making of deductions, the board of
3-11 trustees may modify a member's required deductions by an amount
3-12 that does not exceed one-tenth of one percent of the annual
3-13 compensation on which the deduction is made.
3-14 (d) <(c)> Each department or agency head shall certify to
3-15 the board of trustees and to the disbursing officer of the
3-16 department or agency on each payroll, or in another manner
3-17 prescribed by the board, the amounts to be deducted from each
3-18 member's compensation.
3-19 (e) <(d)> The disbursing officer of each department or
3-20 agency on authority from the department or agency head shall:
3-21 (1) make deductions from each member's compensation
3-22 for contributions to the retirement system;
3-23 (2) transmit monthly, or at the time designated by the
3-24 board of trustees, a certified copy of the payroll or report to the
3-25 retirement system; and
3-26 (3) pay the amount deducted to the retirement system
3-27 for deposit in the employees saving account.
4-1 (f) <(e)> The retirement system shall record all receipts of
4-2 member contributions and shall deliver the receipts to the state
4-3 treasurer. The state treasurer shall credit the receipts to the
4-4 employees saving account.
4-5 (g) <(f)> The deductions required by this section shall be
4-6 made even if the member's compensation is reduced below the amount
4-7 equal to the minimum compensation provided by law.
4-8 (h) <(g)> By becoming a member of the retirement system, a
4-9 member consents to the deductions required by this section. The
4-10 payment of compensation less those deductions is a complete release
4-11 of all claims, except benefits provided by this subtitle, for
4-12 services rendered by the member during the payment period.
4-13 SECTION 4. Section 815.505, Government Code, is amended to
4-14 read as follows:
4-15 Sec. 815.505. CERTIFICATION OF NAMES OF LAW ENFORCEMENT AND
4-16 CUSTODIAL OFFICERS. Not later than the 12th day of the month
4-17 following the month in which a person begins or ceases employment
4-18 as a law enforcement officer or custodial officer <As of the last
4-19 day of each fiscal year>, the Department of Public Safety, the
4-20 Texas Alcoholic Beverage Commission, the Parks and Wildlife
4-21 Department, or the institutional division of <the State Purchasing
4-22 and General Services Commission, and> the Texas Department of
4-23 Criminal Justice, as applicable, <Corrections> shall certify to the
4-24 retirement system, in the manner prescribed by the system, the name
4-25 of the employee and such other information as the system determines
4-26 is necessary for the crediting of service and financing of benefits
4-27 under this subtitle <the names of employees and the amount of
5-1 service each employee performed as a law enforcement officer or
5-2 custodial officer during that fiscal year>.
5-3 SECTION 5. Section 813.506(d), Government Code, is repealed.
5-4 SECTION 6. Before October 1, 1993, the Department of Public
5-5 Safety, the Texas Alcoholic Beverage Commission, the Parks and
5-6 Wildlife Department, and the institutional division of the Texas
5-7 Department of Criminal Justice shall certify to the Employees
5-8 Retirement System of Texas, in the manner prescribed by the
5-9 retirement system, the name of each person employed on September 1,
5-10 1993, by the particular agency as a law enforcement officer, as
5-11 defined by Section 811.001, Government Code, or a custodial
5-12 officer, as defined by that section, and such other information as
5-13 the system determines is necessary for the crediting of service and
5-14 financing of benefits under Subtitle B, Title 8, Government Code.
5-15 SECTION 7. This Act takes effect September 1, 1993.
5-16 SECTION 8. The importance of this legislation and the
5-17 crowded condition of the calendars in both houses create an
5-18 emergency and an imperative public necessity that the
5-19 constitutional rule requiring bills to be read on three several
5-20 days in each house be suspended, and this rule is hereby suspended.