By Haywood                                            S.B. No. 1520
       74R2958 GCH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the establishment of credit in the Teacher Retirement
    1-3  System of Texas for certain military service.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 823.301(a) and (b), Government Code, are
    1-6  amended to read as follows:
    1-7        (a)  Except as provided by Section 823.101(2), military
    1-8  service creditable in the retirement system is:
    1-9              (1)  active federal duty in the armed forces of the
   1-10  United States, other than as a student at a service academy;<, that
   1-11  was performed:>
   1-12              <(1)  as a direct result of being inducted or of first
   1-13  enlisting for duty on a date when the federal government was
   1-14  actively inducting persons into the armed forces under federal
   1-15  draft laws;>
   1-16              (2)  service as a <reservist or> member of the Texas
   1-17  National Guard <national guard who was ordered to duty under the
   1-18  authority of federal law>; or
   1-19              (3)  service in any of the reserve components of the
   1-20  armed forces of the United States <during a time when the federal
   1-21  government was actively inducting persons into the armed forces
   1-22  under federal draft laws; or>
   1-23              <(4)  as a result of voluntarily entering on active
   1-24  duty>.
    2-1        (b)  A member may not establish more than five years of
    2-2  service credit in the retirement system under this subchapter for
    2-3  military service.  Service is creditable under this section for
    2-4  active federal duty in the armed forces of the United States at the
    2-5  same rate that service performed for the public schools is
    2-6  creditable.  Service is creditable under this section for service
    2-7  as a member of the Texas National Guard or service in any of the
    2-8  reserve components of the armed forces of the United States at
    2-9  one-third of the rate that service performed for the public schools
   2-10  is creditable.
   2-11        SECTION 2.  Section 823.302(c), Government Code, is amended
   2-12  to read as follows:
   2-13        (c)  A member may establish credit under this section by
   2-14  depositing with the retirement system for each year of creditable
   2-15  military service claimed a contribution in an amount equal to:
   2-16              (1)  the member's contributions to the retirement
   2-17  system during the most recent full year of membership service that
   2-18  preceded the military service, if the military service was
   2-19  performed while the person was a member of the retirement system;
   2-20  or
   2-21              (2)  the member's contributions to the retirement
   2-22  system during the first full year of membership service, if the
   2-23  military service was performed before the person became a member of
   2-24  the retirement system.
   2-25        SECTION 3.  The importance of this legislation and the
   2-26  crowded condition of the calendars in both houses create an
   2-27  emergency and an imperative public necessity that the
    3-1  constitutional rule requiring bills to be read on three several
    3-2  days in each house be suspended, and this rule is hereby suspended,
    3-3  and that this Act take effect and be in force from and after its
    3-4  passage, and it is so enacted.