By Sadler                                             H.B. No. 1490
       74R4317 GCH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to credit in state-financed retirement systems for service
    1-3  performed as a United States Peace Corps volunteer.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 811.001(16), Government Code, is amended
    1-6  to read as follows:
    1-7              (16)  "Service credit" means the amount of membership
    1-8  and military service and service as a United States Peace Corps
    1-9  volunteer ascribed to a person's account in the retirement system
   1-10  for which all required contributions have been made to, and are
   1-11  being held by, the retirement system.
   1-12        SECTION 2.  Section 813.001, Government Code, is amended to
   1-13  read as follows:
   1-14        Sec. 813.001.  Types of Creditable Service.  The types of
   1-15  service creditable in the retirement system are membership service,
   1-16  <and> military service, and service as a United States Peace Corps
   1-17  volunteer.
   1-18        SECTION 3.  Section 813.101, Government Code, is amended to
   1-19  read as follows:
   1-20        Sec. 813.101.  Determination of Required Deposits.  The
   1-21  retirement system shall determine in each case the amount of money
   1-22  to be deposited by a member claiming credit for membership or
   1-23  military service or service as a United State Peace Corps volunteer
   1-24  previously canceled or not previously established.  The system may
    2-1  not provide benefits based on the claimed service until the
    2-2  determined amount has been fully paid.
    2-3        SECTION 4.  Section 813.401, Government Code, is amended to
    2-4  read as follows:
    2-5        Sec. 813.401.  Service Creditable in Elected Class.  Service
    2-6  creditable in the elected class of membership is:
    2-7              (1)  membership service in an office included in that
    2-8  class; <and>
    2-9              (2)  military service established as provided by
   2-10  Subchapter D; and
   2-11              (3)  service as a United States Peace Corps volunteer
   2-12  established as provided by Section 813.510.
   2-13        SECTION 5.  Section 813.501, Government Code, is amended to
   2-14  read as follows:
   2-15        Sec. 813.501.  Service Creditable in Employee Class.  Service
   2-16  creditable in the employee class of membership is:
   2-17              (1)  membership service in a position included in that
   2-18  class;
   2-19              (2)  military service established as provided by
   2-20  Subchapter D;
   2-21              (3)  service creditable in or transferred from the
   2-22  elected class as provided by Section 813.503; and
   2-23              (4)  other service creditable as provided by this
   2-24  subchapter <administrative board service established as provided by
   2-25  Section 813.502>.
   2-26        SECTION 6.  Subchapter F, Chapter 813, Government Code, is
   2-27  amended by adding Section 813.510 to read as follows:
    3-1        Sec. 813.510.  PEACE CORPS SERVICE.  (a)  An eligible member
    3-2  may establish service credit in the retirement system for service
    3-3  performed as a United States Peace Corps volunteer.
    3-4        (b)  A member eligible to establish service credit under this
    3-5  section is one who holds a position in a class of membership, has
    3-6  at least two years of service credit in the retirement system, and
    3-7  performed at least two years of service as a United States Peace
    3-8  Corps volunteer.
    3-9        (c)  A member may establish credit under this section by
   3-10  filing an application with the retirement system, submitting proof
   3-11  of eligibility satisfactory to the system, and depositing with the
   3-12  system for each month of service claimed an amount equal to the
   3-13  greater of:
   3-14              (1)  the amount that the member contributed for the
   3-15  first full month of membership service that is after the peace
   3-16  corps service and is credited in the retirement system; or
   3-17              (2)  $18.
   3-18        (d)  A member may not establish more than 60 months of
   3-19  service credit under this section.
   3-20        (e)  Service credit established under this section is
   3-21  creditable in a class of membership that includes a position held
   3-22  by the member who performed the service after the date the service
   3-23  was performed.
   3-24        SECTION 7.  Subchapter E, Chapter 823, Government Code, is
   3-25  amended by adding Section 823.404 to read as follows:
   3-26        Sec. 823.404.  PEACE CORPS SERVICE.  (a)  An eligible member
   3-27  may establish equivalent membership service credit for service
    4-1  performed as a United States Peace Corps volunteer.
    4-2        (b)  A member eligible to establish service credit under this
    4-3  section is one who is an employee, has at least two years of
    4-4  service credit in the retirement system, and performed at least two
    4-5  years of service as a United States Peace Corps volunteer.
    4-6        (c)  A member may establish credit under this section by
    4-7  filing an application with the retirement system, submitting proof
    4-8  of eligibility satisfactory to the system, and depositing with the
    4-9  system for each year of service claimed an amount equal to the
   4-10  greater of:
   4-11              (1)  the amount that the member contributed for the
   4-12  first full year of service in the public schools that is after the
   4-13  peace corps service and is credited in the retirement system; or
   4-14              (2)  $162.
   4-15        (d)  A member may not establish more than five years of
   4-16  service credit under this section.
   4-17        SECTION 8.  Section 825.307(a), Government Code, is amended
   4-18  to read as follows:
   4-19        (a)  The retirement system shall deposit in a member's
   4-20  individual account in the member savings account:
   4-21              (1)  the amount of contributions to the retirement
   4-22  system that is deducted from the member's compensation;
   4-23              (2)  the portion of a deposit made on or after
   4-24  resumption of membership that represents the amount of retirement
   4-25  benefits received;
   4-26              (3)  the portion of a deposit to reinstate service
   4-27  credit previously canceled that represents the amount withdrawn or
    5-1  refunded;
    5-2              (4)  the portion of a deposit to establish membership
    5-3  service credit previously waived that is required by Section
    5-4  823.202(b)(1);
    5-5              (5)  the portion of a deposit to establish membership
    5-6  service credit for service performed after retirement that is
    5-7  required by Section 823.502(c)(3) or (c)(5);
    5-8              (6)  the portion of a deposit to establish military
    5-9  service credit required by Section 823.302(c);
   5-10              (7)  the portion of a deposit to establish equivalent
   5-11  membership service credit required by Section 823.401(d),
   5-12  823.402(e)(1) or (e)(2), <or> 823.3021(f)(1), or 823.404(c); and
   5-13              (8)  interest earned on money in the account as
   5-14  provided by Subsections (b) and (c) and Section 825.313(b)(1).
   5-15        SECTION 9.  Subchapter B, Chapter 833, Government Code, is
   5-16  amended by adding Section 833.107 to read as follows:
   5-17        Sec. 833.107.  PEACE CORPS SERVICE.  (a)  An eligible member
   5-18  may establish equivalent membership service credit for service
   5-19  performed as a United States Peace Corps volunteer.
   5-20        (b)  A member eligible to establish service credit under this
   5-21  section is one who is a judicial officer, has at least two years of
   5-22  service credit in the retirement system, and performed at least two
   5-23  years of service as a United States Peace Corps volunteer.
   5-24        (c)  A member may establish credit under this section by
   5-25  filing an application with the retirement system, submitting proof
   5-26  of eligibility satisfactory to the system, and depositing with the
   5-27  system for each month of service claimed an amount equal to the
    6-1  greater of:
    6-2              (1)  the amount that the member contributed for the
    6-3  first full month of membership service that is after the peace
    6-4  corps service and is credited in the retirement system; or
    6-5              (2)  $18.
    6-6        (d)  A member may not establish more than 60 months of
    6-7  service credit under this section.
    6-8        SECTION 10.  Subchapter B, Chapter 838, Government Code, is
    6-9  amended by adding Section 838.108 to read as follows:
   6-10        Sec. 838.108.  PEACE CORPS SERVICE.  (a)  An eligible member
   6-11  may establish equivalent membership service credit for service
   6-12  performed as a United States Peace Corps volunteer.
   6-13        (b)  A member eligible to establish service credit under this
   6-14  section is one who is a judicial officer, has at least two years of
   6-15  service credit in the retirement system, and performed at least two
   6-16  years of service as a United States Peace Corps volunteer.
   6-17        (c)  A member may establish credit under this section by
   6-18  filing an application with the retirement system, submitting proof
   6-19  of eligibility satisfactory to the system, and depositing with the
   6-20  system for each month of service claimed an amount equal to the
   6-21  greater of:
   6-22              (1)  the amount that the member contributed for the
   6-23  first full month of membership service that is after the peace
   6-24  corps service and is credited in the retirement system; or
   6-25              (2)  $18.
   6-26        (d)  A member may not establish more than 60 months of
   6-27  service credit under this section.
    7-1        SECTION 11.  This Act takes effect September 1, 1995.
    7-2        SECTION 12.  The importance of this legislation and the
    7-3  crowded condition of the calendars in both houses create an
    7-4  emergency and an imperative public necessity that the
    7-5  constitutional rule requiring bills to be read on three several
    7-6  days in each house be suspended, and this rule is hereby suspended.