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.