1-1 By: Greenberg (Senate Sponsor - Barrientos) H.B. No. 3008 1-2 (In the Senate - Received from the House April 19, 1999; 1-3 April 20, 1999, read first time and referred to Committee on State 1-4 Affairs; May 7, 1999, reported favorably by the following vote: 1-5 Yeas 7, Nays 0; May 7, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to credit in the Employees Retirement System of Texas for 1-9 certain out-of-state service. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter F, Chapter 813, Government Code, is 1-12 amended by adding Section 813.511 to read as follows: 1-13 Sec. 813.511. CERTAIN OUT-OF-STATE SERVICE. (a) Except as 1-14 provided by Subsection (b), an eligible member may establish 1-15 service credit in the retirement system for employment with a 1-16 public school system maintained wholly or partly by another state 1-17 or territory of the United States or by the United States for 1-18 children of its citizens. A school receiving funds under 22 U.S.C. 1-19 Section 2701 is considered a public school for the purposes of this 1-20 section. 1-21 (b) A member may not establish credit under this section for 1-22 service performed for a public school while a member of the armed 1-23 forces and for which the member was compensated by the United 1-24 States or for service credited in the Teacher Retirement System of 1-25 Texas. 1-26 (c) A member eligible to establish credit under this section 1-27 is one who has at least five years of service credit in the 1-28 retirement system and is an employee of the Texas School for the 1-29 Deaf or the Texas School for the Blind and Visually Impaired. 1-30 (d) A member may establish credit under this section by 1-31 depositing with the retirement system: 1-32 (1) a contribution based on the member's monthly 1-33 compensation at the time credit is sought and computed for the 1-34 number of months for which credit is sought at the combined 1-35 contribution rates required for the state and employee members of 1-36 the system for new service; 1-37 (2) interest computed on the basis of the state fiscal 1-38 year at an annual rate of 10 percent from the date the service was 1-39 performed to the date of deposit; and 1-40 (3) any membership fees required of members of the 1-41 system during the period of the service. 1-42 (e) The amount of service credit a member may establish 1-43 under this section may not exceed the lesser of the number of 1-44 months of service credit the member has in the retirement system 1-45 or 120 months. 1-46 (f) The retirement system shall deposit the compensation 1-47 contribution in the member's individual account in the employees 1-48 saving account, interest in the state accumulation account, and 1-49 membership fees in the expense account. 1-50 (g) The retirement system shall determine the amount to be 1-51 deposited in each case and may not grant service credit under this 1-52 section until the member provides proof of eligibility for the 1-53 credit that is satisfactory to the retirement system. 1-54 (h) The retirement system may not use service credit granted 1-55 under this section in computing a member's average monthly 1-56 compensation. 1-57 SECTION 2. This Act takes effect September 1, 1999. 1-58 SECTION 3. The importance of this legislation and the 1-59 crowded condition of the calendars in both houses create an 1-60 emergency and an imperative public necessity that the 1-61 constitutional rule requiring bills to be read on three several 1-62 days in each house be suspended, and this rule is hereby suspended. 1-63 * * * * *