By Junell H.B. No. 384
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to service creditable in and eligibility for service
1-3 retirement from the Employees Retirement System of Texas.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 814.104(b), Government Code, is amended
1-6 to read as follows:
1-7 (b) A member who is at least 55 years old and who has at
1-8 least 10 years of service credit as a commissioned peace officer
1-9 engaged in criminal law enforcement activities of the Department of
1-10 Public Safety, the Texas Alcoholic Beverage Commission, the State
1-11 Purchasing and General Services Commission Capitol Area Security
1-12 Force, or the Parks and Wildlife Department, as an employee of the
1-13 Railroad Commission of Texas who is licensed by the Commission on
1-14 Law Enforcement Officer Standards and Education and has served at
1-15 least five years as an investigator for the oil field theft
1-16 detection division, or as a custodial officer, is eligible to
1-17 retire and receive a service retirement annuity.
1-18 SECTION 2. Section 813.001, Government Code, is amended to
1-19 read as follows:
1-20 Sec. 813.001. TYPES OF CREDITABLE SERVICE. The types of
1-21 service creditable in the retirement system are membership service,
1-22 <and> military service, and equivalent membership service.
1-23 SECTION 3. Section 813.401, Government Code, is amended to
1-24 read as follows:
2-1 Sec. 813.401. SERVICE CREDITABLE IN ELECTED CLASS. Service
2-2 creditable in the elected class of membership is:
2-3 (1) membership service in an office included in that
2-4 class; <and>
2-5 (2) military service established as provided by
2-6 Subchapter D; and
2-7 (3) equivalent membership service specifically made
2-8 creditable in that class.
2-9 SECTION 4. Section 813.404, Government Code, is amended to
2-10 read as follows:
2-11 Sec. 813.404. CONTRIBUTIONS FOR SERVICE NOT PREVIOUSLY
2-12 ESTABLISHED. For each month of membership, <or> military, or
2-13 equivalent membership service not previously credited in the
2-14 retirement system, a member claiming credit in the elected class
2-15 shall pay a contribution in an amount equal to the greater of:
2-16 (1) eight percent of the monthly salary paid to
2-17 members of the legislature at the time the credit is established;
2-18 or
2-19 (2) six percent of the monthly state salary paid to a
2-20 person who holds, at the time the credit is established, the office
2-21 for which credit is sought.
2-22 SECTION 5. Subchapter E, Chapter 813, Government Code, is
2-23 amended by adding Section 813.406 to read as follows:
2-24 Sec. 813.406. COUNTY SERVICE. (a) A member of the elected
2-25 class of membership who meets a service requirement provided by
2-26 Section 814.102 for retirement at an attained age may establish
2-27 equivalent membership service credit in that class for service
3-1 performed as an elected officer of a county in this state.
3-2 (b) In addition to the contribution required by Section
3-3 813.404, a member establishing service credit under this section
3-4 must pay interest computed on the basis of the state fiscal year at
3-5 an annual rate of 10 percent of the contribution from the time the
3-6 service was performed to the date of deposit.
3-7 (c) A member may not establish more than 24 months of
3-8 service credit under this section. Credit may not be established
3-9 under this section if the same service is credited in another
3-10 public retirement system.
3-11 (d) The retirement system may require members applying for
3-12 credit under this section to submit any information the system
3-13 considers necessary to enable it to determine the amount of service
3-14 or amounts of required contributions.
3-15 SECTION 6. This Act takes effect September 1, 1995.
3-16 SECTION 7. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended.