By Cuellar of Webb H.B. No. 1889 74R2863 GCH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to purchase or reinstatement of membership service credit 1-3 in the Teacher Retirement System of Texas. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter A, Chapter 823, Government Code, is 1-6 amended by adding Section 823.004 to read as follows: 1-7 Sec. 823.004. ROLLOVER TO ESTABLISH SERVICE CREDIT. (a) 1-8 The distributee of an eligible rollover distribution under the 1-9 Internal Revenue Code of 1986 (Title 26, United States Code) from 1-10 an eligible retirement plan other than the retirement system who is 1-11 also a member of the retirement system may elect to have the 1-12 eligible rollover distribution paid to the retirement system in the 1-13 form of a direct trustee-to-trustee transfer, for the purpose of 1-14 establishing or reinstating membership service credit in the 1-15 retirement system for which the member is eligible under other 1-16 provisions of this subtitle. 1-17 (b) A member may not make an election under this section 1-18 until the retirement system receives notification from the Internal 1-19 Revenue Service that the transfer is an eligible rollover 1-20 distribution to and from an eligible retirement plan. The 1-21 retirement system shall seek notification from the Internal Revenue 1-22 Service about eligible transfers as soon as practicable and shall 1-23 file any notice received from that agency with the secretary of 1-24 state for publication in the Texas Register. 2-1 (c) Terms used in this section have the meanings assigned by 2-2 the Internal Revenue Code of 1986. 2-3 SECTION 2. Section 823.202, Government Code, is amended by 2-4 amending Subsection (a) and adding Subsection (d) to read as 2-5 follows: 2-6 (a) An employee who has previously executed and filed a 2-7 waiver of membership in the retirement system, including an 2-8 election under Section 830.102, and who, after the waiver, becomes 2-9 a member may establish membership service credit for service as an 2-10 employee that would have been creditable as membership service when 2-11 performed except for the waiver. 2-12 (d) Credit may not be established under this section for 2-13 service for which contributions remain in the optional retirement 2-14 program established by Chapter 830. 2-15 SECTION 3. The importance of this legislation and the 2-16 crowded condition of the calendars in both houses create an 2-17 emergency and an imperative public necessity that the 2-18 constitutional rule requiring bills to be read on three several 2-19 days in each house be suspended, and this rule is hereby suspended, 2-20 and that this Act take effect and be in force from and after its 2-21 passage, and it is so enacted.