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.