By Chisum                                              H.B. No. 166
         76R913 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:
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.
2-15     Credit may not be established under this section for service that
2-16     is currently credited in another public retirement system.
2-17           (e)  The state is not required to make contributions for
2-18     service established under this section.
2-19           (f)  The retirement system may require applicants for credit
2-20     under this section to submit any information the system considers
2-21     necessary to enable it to determine eligibility for or amount of
2-22     credit or amounts of required contributions.
2-23           SECTION 2.  Notwithstanding Section 813.511(b)(2), Government
2-24     Code, as added by this Act, a person who on the effective date of
2-25     this Act has been a  member of the Employees Retirement System of
2-26     Texas as a law enforcement or custodial officer for two years or
2-27     more may apply for service credit under Section 813.511, Government
 3-1     Code, as added by this Act, before January 1, 2000.
 3-2           SECTION 3.  This Act takes effect September 1, 1999.
 3-3           SECTION 4.  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.