BILL ANALYSIS H.B. 2008 By: Clemons April 6, 1995 Committee Report (Unamended) BACKGROUND District judges are allowed, and have been for many years, to be a member of both the Judicial Retirement System and the County and District Retirement System. Until 1991, prosecuting attorneys were prohibited by existing statutes from dual membership; only membership in the Judicial Retirement System was allowed. In 1991, the Legislature passed H.B. 1985 which permitted dual membership for prosecuting attorneys. The Act contained a retroactive provision that allowed current prosecuting attorneys to buy back the service time they had previously been denied. Unfortunately, the bill made no such provision for any previous prosecuting attorney who still worked for the county but whose service ended before the effective date of H.B. 1985. In other words, current prosecuting attorneys were allowed to buy back service time, but former prosecuting attorneys were not. It is estimated that there are only a very few individuals affected by this oversight. PURPOSE This bill permit those former prosecuting attorneys who are still a member of the county retirement system to purchase the previous service time they are currently prohibited from buying back. The county commissioners court would have the option of offering the individual the opportunity to buy back that time. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1: Amends Subchapter G, Chapter 843, Government Code, V.T.C.S., by adding Section 843.602, Subsections (a) - (d), as follows: (a) allows any county commissioners court to authorize the establishment of credit for current service in the county retirement system for any former prosecuting attorney. (b) requires a member claiming credit under this provision to deposit with the retirement system, for the number of months of service, an amount equal to the amount of deposits that a member earning the same compensation from the county during the same period was required to make. (c) provides for the member to receive current service credit if the county deposits within the proper time frame, an amount equal to the amount deposited under subsection (b). (d) provides a definition of prosecuting attorney. SECTION 2: Emergency clause. SUMMARY OF COMMITTEE ACTION HB 2008 was considered in a public hearing held on April 3, 1995. Rep. Billy Clemons testified as the bill's author. The following persons testified for the bill: Gerald Goodwin representing himself The bill was reported favorably without amendment with the recommendation that it do pass and be printed and be sent to the Committee on Local & Consent Calendars by a record vote of 5 ayes, 0 nays, 0 pnv & 4 absent. Committee on Pensions & Investments