By Chisum                                        H.B. No. 862

      75R3837 GCH-D                           

                                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 licensed

1-10     by the Commission on Law Enforcement Officer Standards and

1-11     Education and commissioned by a unit of government in this state.

1-12           (b)  A member eligible to establish credit under this section

1-13     is one who:

1-14                 (1)  is a contributing member as a law enforcement or

1-15     custodial officer; and

1-16                 (2)  applies for credit under this section before the

1-17     second anniversary of the date the member becomes a law enforcement

1-18     or custodial officer.

1-19           (c)  A member may establish credit under this section by

1-20     depositing with the retirement system for each month of service

1-21     claimed:

1-22                 (1)  a contribution computed on the member's

1-23     compensation for the service as a peace officer at the rate

1-24     required of members of the retirement system at the time the

 2-1     service was performed; and

 2-2                 (2)  interest on the amount determined under

 2-3     Subdivision (1) computed on the basis of the state fiscal year at

 2-4     an annual rate of five percent from the date the service was

 2-5     performed to the date of deposit.

 2-6           (d)  A member may not establish more than 60 months of

 2-7     service credit under this section.  Credit established under this

 2-8     section is used in computing the amount of an annuity under this

 2-9     subtitle but may not be used to meet a minimum service requirement

2-10     for an annuity.  Credit may be established under this section by a

2-11     lump-sum payment or by payments authorized by Section 813.104 or

2-12     813.105.  Credit may not be established under this section for

2-13     service that is currently credited in another public retirement

2-14     system.

2-15           (e)  The retirement system may require applicants for credit

2-16     under this section to submit any information the system considers

2-17     necessary to enable it to determine eligibility for or amount of

2-18     credit or amounts of required contributions.

2-19           SECTION 2.  Notwithstanding Section 813.511(b)(2), Government

2-20     Code, as added by this Act, a person who on the effective date of

2-21     this Act has been a  member of the Employees Retirement System of

2-22     Texas as a law enforcement or custodial officer for two years or

2-23     more may apply for service credit under Section 813.511, Government

2-24     Code, as added by this Act, before January 1, 1998.

2-25           SECTION 3.  This Act takes effect September 1, 1997.

2-26           SECTION 4.  The importance of this legislation and the

2-27     crowded condition of the calendars in both houses create an

 3-1     emergency and an imperative public necessity that the

 3-2     constitutional rule requiring bills to be read on three several

 3-3     days in each house be suspended, and this rule is hereby suspended.