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.