1-1 By: Shapleigh S.B. No. 1664
1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 14, 1999, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; April 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to participation in proportionate retirement programs for
1-9 certain public employees.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 803.0021, Government Code, is amended to
1-12 read as follows:
1-13 Sec. 803.0021. APPLICATION OF CHAPTER. (a) This chapter
1-14 applies only to:
1-15 (1) a retirement system for general municipal
1-16 employees in a municipality with a population of not less than
1-17 460,000 nor more than 500,000;
1-18 (2) the Employees Retirement System of Texas, the
1-19 Teacher Retirement System of Texas, the Judicial Retirement System
1-20 of Texas Plan One, the Judicial Retirement System of Texas Plan
1-21 Two, the Texas County and District Retirement System, and the Texas
1-22 Municipal Retirement System; and
1-23 (3) a retirement system that makes an election under
1-24 Section 803.101(f).
1-25 (b) Sections 803.101(g) and 803.102(b) apply only to a
1-26 retirement system existing under Chapter 101, Acts of the 43rd
1-27 Legislature, 1st Called Session, 1933 (Article 6243b, Vernon's
1-28 Texas Civil Statutes).
1-29 SECTION 2. Section 803.101, Government Code, is amended by
1-30 adding Subsection (g) to read as follows:
1-31 (g) The approval of the participants in a retirement system
1-32 making an election under Subsection (f) is not required.
1-33 SECTION 3. Section 803.102, Government Code, is amended to
1-34 read as follows:
1-35 Sec. 803.102. RETIREMENT SYSTEM MEMBERSHIP. (a) Membership
1-36 in a retirement system to which this chapter applies does not
1-37 terminate because of absence from service covered by that system
1-38 during a period for which the member earns service credit in
1-39 another retirement system to which this chapter applies for service
1-40 performed for an employer other than a subdivision or municipality
1-41 not participating in the program provided by this chapter.
1-42 (b) A person may make a one-time election to continue
1-43 membership in a retirement system under this chapter if the change
1-44 in employment status making the person eligible for membership in
1-45 another retirement system under this chapter is an involuntary
1-46 transfer as defined by the employment rules and regulations
1-47 applicable to the person. An election must be made at the time of
1-48 the involuntary transfer. An election to continue membership may
1-49 be made under this section notwithstanding any provision to the
1-50 contrary under Chapter 101, Acts of the 43rd Legislature, 1st
1-51 Called Session, 1933 (Article 6243b, Vernon's Texas Civil
1-52 Statutes), or under a city charter or ordinance or otherwise.
1-53 (c) A person may continue membership in a retirement system
1-54 to which this chapter applies while absent from service with all
1-55 retirement systems to which this chapter applies if the person
1-56 would be eligible, under the laws governing that system, to
1-57 continue membership if the person's combined service credit had
1-58 been earned in that system.
1-59 (d) [(c)] In this section, a person's absence from service
1-60 begins on the day after the last day of service covered by any
1-61 retirement system to which this chapter applies.
1-62 SECTION 4. This Act takes effect September 1, 1999.
1-63 SECTION 5. The importance of this legislation and the
1-64 crowded condition of the calendars in both houses create an
2-1 emergency and an imperative public necessity that the
2-2 constitutional rule requiring bills to be read on three several
2-3 days in each house be suspended, and this rule is hereby suspended.
2-4 * * * * *