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.