1-1 AN ACT
1-2 relating to credit in the Employees Retirement System of Texas for
1-3 certain out-of-state service.
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. CERTAIN OUT-OF-STATE SERVICE. (a) Except as
1-8 provided by Subsection (b), an eligible member may establish
1-9 service credit in the retirement system for employment with a
1-10 public school system maintained wholly or partly by another state
1-11 or territory of the United States or by the United States for
1-12 children of its citizens. A school receiving funds under 22 U.S.C.
1-13 Section 2701 is considered a public school for the purposes of this
1-14 section.
1-15 (b) A member may not establish credit under this section for
1-16 service performed for a public school while a member of the armed
1-17 forces and for which the member was compensated by the United
1-18 States or for service credited in the Teacher Retirement System of
1-19 Texas.
1-20 (c) A member eligible to establish credit under this section
1-21 is one who has at least five years of service credit in the
1-22 retirement system and is an employee of the Texas School for the
1-23 Deaf or the Texas School for the Blind and Visually Impaired.
1-24 (d) A member may establish credit under this section by
2-1 depositing with the retirement system:
2-2 (1) a contribution based on the member's monthly
2-3 compensation at the time credit is sought and computed for the
2-4 number of months for which credit is sought at the combined
2-5 contribution rates required for the state and employee members of
2-6 the system for new service;
2-7 (2) interest computed on the basis of the state fiscal
2-8 year at an annual rate of 10 percent from the date the service was
2-9 performed to the date of deposit; and
2-10 (3) any membership fees required of members of the
2-11 system during the period of the service.
2-12 (e) The amount of service credit a member may establish
2-13 under this section may not exceed the lesser of the number of
2-14 months of service credit the member has in the retirement system
2-15 or 120 months.
2-16 (f) The retirement system shall deposit the compensation
2-17 contribution in the member's individual account in the employees
2-18 saving account, interest in the state accumulation account, and
2-19 membership fees in the expense account.
2-20 (g) The retirement system shall determine the amount to be
2-21 deposited in each case and may not grant service credit under this
2-22 section until the member provides proof of eligibility for the
2-23 credit that is satisfactory to the retirement system.
2-24 (h) The retirement system may not use service credit granted
2-25 under this section in computing a member's average monthly
2-26 compensation.
2-27 SECTION 2. This Act takes effect September 1, 1999.
3-1 SECTION 3. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3008 was passed by the House on April
16, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3008 was passed by the Senate on May
12, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor