75R13651 GCH-D
By Chisum H.B. No. 862
Substitute the following for H.B. No. 862:
By Goolsby C.S.H.B. No. 862
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to credit in the Employees Retirement System of Texas for
1-3 service as a peace officer.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter F, Chapter 813, Government Code, is
1-6 amended by adding Section 813.511 to read as follows:
1-7 Sec. 813.511. PREVIOUS PEACE OFFICER SERVICE. (a) An
1-8 eligible member may establish service credit in the retirement
1-9 system for previous service performed as a peace officer:
1-10 (1) licensed by the Commission on Law Enforcement
1-11 Officer Standards and Education or not required to be licensed by
1-12 that commission; and
1-13 (2) commissioned by a municipal police department or
1-14 county sheriff's office in this state.
1-15 (b) A member eligible to establish credit under this section
1-16 is one who:
1-17 (1) is a contributing member as a law enforcement or
1-18 custodial officer; and
1-19 (2) applies for credit under this section before the
1-20 second anniversary of the date the member becomes a law enforcement
1-21 or custodial officer.
1-22 (c) A member may establish credit under this section by
1-23 depositing with the retirement system for each month of service
1-24 claimed:
2-1 (1) a contribution computed on the member's
2-2 compensation for the service as a peace officer at the combined
2-3 rates required of the state and employee members of the retirement
2-4 system at the time the service was performed; and
2-5 (2) interest on the amount determined under
2-6 Subdivision (1) computed on the basis of the state fiscal year at
2-7 an annual rate of 10 percent from the date the service was
2-8 performed to the date of deposit.
2-9 (d) A member may not establish more than 60 months of
2-10 service credit under this section. Credit established under this
2-11 section is used in computing the amount of an annuity under this
2-12 subtitle but may not be used to meet a minimum service requirement
2-13 for an annuity. Credit may be established under this section by a
2-14 lump-sum payment or by payments authorized by Section 813.104 or
2-15 813.105. Credit may not be established under this section for
2-16 service that is currently credited in another public retirement
2-17 system.
2-18 (e) The state is not required to make contributions for
2-19 service established under this section.
2-20 (f) The retirement system may require applicants for credit
2-21 under this section to submit any information the system considers
2-22 necessary to enable it to determine eligibility for or amount of
2-23 credit or amounts of required contributions.
2-24 SECTION 2. Notwithstanding Section 813.511(b)(2), Government
2-25 Code, as added by this Act, a person who on the effective date of
2-26 this Act has been a member of the Employees Retirement System of
2-27 Texas as a law enforcement or custodial officer for two years or
3-1 more may apply for service credit under Section 813.511, Government
3-2 Code, as added by this Act, before January 1, 1998.
3-3 SECTION 3. This Act takes effect September 1, 1997.
3-4 SECTION 4. The importance of this legislation and the
3-5 crowded condition of the calendars in both houses create an
3-6 emergency and an imperative public necessity that the
3-7 constitutional rule requiring bills to be read on three several
3-8 days in each house be suspended, and this rule is hereby suspended.