By Shapleigh S.B. No. 1664 Substitute the following for S.B. No. 1664: By Greenberg C.S.S.B. No. 1664 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the application of the proportionate retirement program 1-3 to certain public retirement systems under which employees may be 1-4 transferred. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 803.101(f), Government Code, is amended 1-7 to read as follows: 1-8 (f) The governing body of a public retirement system in this 1-9 state for municipal employees that is a qualified plan under 1-10 Section 401(a) of the Internal Revenue Code of 1986 (26 U.S.C. 1-11 Section 401) may elect to participate in the proportionate 1-12 retirement program by adopting a resolution to that effect. A 1-13 resolution may not be adopted under this subsection without the 1-14 approval of the governing body of the municipality that finances 1-15 the retirement system. The governing body of the retirement system 1-16 shall notify all other participating retirement systems of the 1-17 election. The effective date of participation in the proportionate 1-18 retirement program by a retirement system for which an election is 1-19 made under this subsection is the first day of the third month 1-20 after the month in which notice is given under this subsection. An 1-21 election under this subsection does not require the approval of the 1-22 participants in the public retirement system making the election. 1-23 SECTION 2. Section 803.003, Government Code, is amended to 1-24 read as follows: 2-1 Sec. 803.003. CONSTRUCTION OF CHAPTER. (a) The provisions 2-2 of this chapter are exceptions to the other laws governing 2-3 retirement systems to which this chapter applies and prevail over 2-4 those laws to the extent of explicit conflict, but this chapter 2-5 must be construed strictly as against those laws. 2-6 (b) Notwithstanding any other law, a person who is 2-7 involuntarily transferred to a position included in the coverage of 2-8 a retirement system governed by Chapter 101, Acts of the 43rd 2-9 Legislature, 1st Called Session, 1933 (Article 6243b, Vernon's 2-10 Texas Civil Statutes), from a position included in a retirement 2-11 system operated by a municipality that does not participate in a 2-12 statewide retirement system governed by Chapter 101, Acts of the 2-13 43rd Legislature, 1st Called Session, 1933 (Article 6243b, Vernon's 2-14 Texas Civil Statutes), may make an irrevocable election at the time 2-15 of the transfer to continue membership in the municipal retirement 2-16 system. An involuntary transfer is determined by the employment 2-17 rules that apply to the person immediately before the time of the 2-18 involuntary transfer. 2-19 SECTION 3. This Act takes effect September 1, 1999. 2-20 SECTION 4. The importance of this legislation and the 2-21 crowded condition of the calendars in both houses create an 2-22 emergency and an imperative public necessity that the 2-23 constitutional rule requiring bills to be read on three several 2-24 days in each house be suspended, and this rule is hereby suspended.