By: Lucio S.B. No. 1457
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the use of military service credit for computing the
1-2 eligibility requirements for elected members to receive retirement
1-3 benefits.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsections (c) and (d), Section 813.304,
1-6 Government Code, are amended to read as follows:
1-7 (c) The retirement system shall use military service credit
1-8 in computing service retirement or nonoccupational disability
1-9 retirement benefits of a member of the elected class:
1-10 (1) only if the member has, without military service
1-11 credit, at least six years of service credit in that class, if the
1-12 military service credit was established before January 1, 1978; or
1-13 (2) only if the member has enough service credit, of
1-14 which not more than one year service credit may be active
1-15 <exclusive of the> military service <credit>, to be eligible for
1-16 service retirement benefits at age 60, if the military service
1-17 credit was established on or after January 1, 1978.
1-18 (d) The board of trustees by rule may permit a person who
1-19 retires with at least 10 years of service credit, of which not more
1-20 than one year service credit may be active <excluding> military
1-21 service <credit>, to receive service retirement benefits as an
1-22 elected officer for the percentage of the person's military service
1-23 credit, but not more than 100 percent, that is derived by dividing
2-1 the number of months served as an elected officer by 96 months.
2-2 SECTION 2. Section 814.102, Government Code, is amended to
2-3 read as follows:
2-4 Sec. 814.102. ELIGIBILITY OF ELECTED MEMBERS FOR SERVICE
2-5 RETIREMENT. Except as provided by rule adopted under Section
2-6 813.304(d) or Section 803.202(2), a member or former member who has
2-7 service credit in the elected class of membership, is eligible to
2-8 retire and receive a service retirement annuity if the member:
2-9 (1) is at least 60 years old and has 8 years of
2-10 service credit in that class, of which not more than 1 year of
2-11 service credit may be active military service; or
2-12 (2) is at least 50 years old and has 12 years of
2-13 service credit in that class.
2-14 SECTION 3. This Act takes effect September 1, 1995.
2-15 SECTION 4. 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.