By: Shapleigh S.B. No. 1664
A BILL TO BE ENTITLED
AN ACT
1-1 relating to participation in proportionate retirement programs for
1-2 certain 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. (a) This chapter
1-7 applies 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;
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 (b) Sections 803.101(g) and 803.102(b) apply only to a
1-19 retirement system existing under Chapter 101, Acts of the 43rd
1-20 Legislature, 1st Called Session, 1933 (Article 6243b, Vernon's
1-21 Texas Civil Statutes).
1-22 SECTION 2. Section 803.101, Government Code, is amended by
1-23 adding Subsection (g) to read as follows:
1-24 (g) The approval of the participants in a retirement system
2-1 making an election under Subsection (f) is not required.
2-2 SECTION 3. Section 803.102, Government Code, is amended to
2-3 read as follows:
2-4 Sec. 803.102. RETIREMENT SYSTEM MEMBERSHIP. (a) Membership
2-5 in a retirement system to which this chapter applies does not
2-6 terminate because of absence from service covered by that system
2-7 during a period for which the member earns service credit in
2-8 another retirement system to which this chapter applies for service
2-9 performed for an employer other than a subdivision or municipality
2-10 not participating in the program provided by this chapter.
2-11 (b) A person may make a one-time election to continue
2-12 membership in a retirement system under this chapter if the change
2-13 in employment status making the person eligible for membership in
2-14 another retirement system under this chapter is an involuntary
2-15 transfer as defined by the employment rules and regulations
2-16 applicable to the person. An election must be made at the time of
2-17 the involuntary transfer. An election to continue membership may
2-18 be made under this section notwithstanding any provision to the
2-19 contrary under Chapter 101, Acts of the 43rd Legislature, 1st
2-20 Called Session, 1933 (Article 6243b, Vernon's Texas Civil
2-21 Statutes), or under a city charter or ordinance or otherwise.
2-22 (c) A person may continue membership in a retirement system
2-23 to which this chapter applies while absent from service with all
2-24 retirement systems to which this chapter applies if the person
2-25 would be eligible, under the laws governing that system, to
2-26 continue membership if the person's combined service credit had
3-1 been earned in that system.
3-2 (d) [(c)] In this section, a person's absence from service
3-3 begins on the day after the last day of service covered by any
3-4 retirement system to which this chapter applies.
3-5 SECTION 4. This Act takes effect September 1, 1999.
3-6 SECTION 5. The importance of this legislation and the
3-7 crowded condition of the calendars in both houses create an
3-8 emergency and an imperative public necessity that the
3-9 constitutional rule requiring bills to be read on three several
3-10 days in each house be suspended, and this rule is hereby suspended.