AN ACT
1-1 relating to participation in the proportionate retirement program
1-2 for public employees.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 803.0021, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 803.0021. APPLICATION OF CHAPTER. This chapter applies
1-7 only to:
1-8 (1) a retirement system for general municipal
1-9 employees in a municipality with a population of not less than
1-10 460,000 nor more than 500,000; [and]
1-11 (2) the Employees Retirement System of Texas, the
1-12 Teacher Retirement System of Texas, the Judicial Retirement System
1-13 of Texas Plan One, the Judicial Retirement System of Texas Plan
1-14 Two, the Texas County and District Retirement System, and the Texas
1-15 Municipal Retirement System; and
1-16 (3) a retirement system that makes an election under
1-17 Section 803.101(f).
1-18 SECTION 2. Section 803.101, Government Code, is amended by
1-19 amending Subsection (a) and adding Subsection (f) to read as
1-20 follows:
1-21 (a) Except as provided by Subsections [Subsection] (b) and
1-22 (f), each retirement system to which this chapter applies is
1-23 required to participate in the program of proportionate retirement
2-1 benefits provided by this chapter.
2-2 (f) The governing body of a public retirement system in this
2-3 state for municipal employees that is a qualified plan under
2-4 Section 401(a) of the Internal Revenue Code of 1986 (26 U.S.C.
2-5 Section 401) may elect to participate in the proportionate
2-6 retirement program by adopting a resolution to that effect. A
2-7 resolution may not be adopted under this subsection without the
2-8 approval of the governing body of the municipality that finances
2-9 the retirement system. The governing body of the retirement system
2-10 shall notify all other participating retirement systems of the
2-11 election. The effective date of participation in the proportionate
2-12 retirement program by a retirement system for which an election is
2-13 made under this subsection is the first day of the third month
2-14 after the month in which notice is given under this subsection.
2-15 SECTION 3. Subsection (a), Section 803.103, Government Code,
2-16 is amended to read as follows:
2-17 (a) Participation in the proportionate retirement program by
2-18 a subdivision participating in the Texas County and District
2-19 Retirement System or a municipality participating in the Texas
2-20 Municipal Retirement System does not include:
2-21 (1) participation with a retirement system described
2-22 by Section 803.0021(1) if the subdivision or municipality has
2-23 elected to so limit its participation and has not revoked the
2-24 election under Subsection (b); or
2-25 (2) participation with a retirement system described
3-1 by Section 803.0021(3).
3-2 SECTION 4. This Act takes effect September 1, 1997.
3-3 SECTION 5. The importance of this legislation and the
3-4 crowded condition of the calendars in both houses create an
3-5 emergency and an imperative public necessity that the
3-6 constitutional rule requiring bills to be read on three several
3-7 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1209 passed the Senate on
April 16, 1997, by a viva-voce vote; and that the Senate concurred
in House amendment on May 29, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1209 passed the House, with
amendment, on May 26, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor