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.