SRC-JXG H.B. 3008 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3008
76R8859 GCH-DBy: Greenberg (Barrientos)
State Affairs
5/5/1999
Engrossed


DIGEST 

Currently, the Teacher Retirement System of Texas (TRS) allows the purchase
of out-of-state experience in a public school; however, a teacher who has
worked in an out-of-state public school system may not purchase credit in
the Employees Retirement System of Texas (ERS) for that service. This
provision may impede out-of-state teachers from seeking employment with the
Texas School for the Blind and Visually Impaired or with the Texas School
for the Deaf; both schools are members of ERS, rather than TRS. H.B. 3008
would allow a person with service in an out-of-state public school to
purchase credit in ERS for that service 

PURPOSE

As proposed, H.B. 3008 sets forth eligibility requirements and
contributions necessary for the establishment of credit. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 813F, Government Code, by adding Section 813.511,
as follows: 

Sec. 813.511. CERTAIN OUT-OF-STATE SERVICE. (a) Authorizes an eligible
member to establish service credit in the Employees Retirement System of
Texas (ERS) for employment with a public school system maintained wholly or
partly by another state or territory of the United States or by the United
States for children of its citizens, except as provided by Subsection (b).
Provides that a school receiving funds under 22 U.S.C. Section 2701 is
considered a public school for the purposes of this section.  

(b) Prohibits a member from establishing credit under this section for
service performed for a public school while a member of the armed forces
and for which the member was compensated by the United States or for
service credited in the Teacher Retirement System of Texas (TRS).  

(c) Provides that a member eligible to establish credit under this section
is one who has at least five years of service credit in ERS and is an
employee of the Texas School for the Deaf or the Texas School for the Blind
and Visually Impaired.  

 (d) Sets forth requirements to establish credit with ERS. 

(e) Provides that the amount of service credit a member may establish under
this section may not exceed the lesser of the number of months of service
credit the member has in ERS.  

(f) Requires ERS to deposit the compensation contribution in the member's
individual account in the employees saving account, interest in the state
accumulation account, and membership fees in the expense account. 
 
(g) Requires ERS to determine the amount to be deposited in each case and
may not grant  service credit under this section until the member provides
proof of eligibility for the credit that is satisfactory to ERS.  

(h) Prohibits ERS from using service credit granted under this section in
computing a member's average monthly compensation. 

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.