By Chisum                                              H.B. No. 498
         77R1935 SGA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to credit in the Employees Retirement System of Texas for
 1-3     service as a peace officer.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter F, Chapter 813, Government Code, is
 1-6     amended by adding Section 813.513 to read as follows:
 1-7           Sec. 813.513.  PREVIOUS PEACE OFFICER SERVICE. (a)  An
 1-8     eligible member may establish service credit in the retirement
 1-9     system for previous service performed as a peace officer:
1-10                 (1)  licensed by the Commission on Law Enforcement
1-11     Officer Standards and Education or not required to be licensed by
1-12     that commission; and
1-13                 (2)  commissioned by a municipal police department or
1-14     county sheriff's office in this state.
1-15           (b)  A member eligible to establish credit under this section
1-16     is one who:
1-17                 (1)  is a contributing member as a law enforcement or
1-18     custodial officer; and
1-19                 (2)  applies for credit under this section before the
1-20     second anniversary of the date the member becomes a law enforcement
1-21     or custodial officer.
1-22           (c)  A member may establish credit under this section by
1-23     depositing with the retirement system for each month of service
1-24     claimed:
 2-1                 (1)  a contribution computed on the member's
 2-2     compensation for the service as a peace officer at the combined
 2-3     rates required of the state and employee members of the retirement
 2-4     system at the time the service was performed; and
 2-5                 (2)  interest on the amount determined under
 2-6     Subdivision (1) computed on the basis of the state fiscal year at
 2-7     an annual rate of 10 percent from the date the service was
 2-8     performed to the date of deposit.
 2-9           (d)  The amount of service credit a member may establish
2-10     under this section may not be less than 24 months and may not
2-11     exceed 60 months of service credit under this section.  Credit
2-12     established under this section is used in computing the amount of
2-13     an annuity under this subtitle but may not be used to meet a
2-14     minimum service requirement for an annuity.  Credit may be
2-15     established under this section by a lump-sum payment or by payments
2-16     authorized by Section 813.104.  Credit may not be established under
2-17     this section for service that is currently credited in another
2-18     public retirement system.
2-19           (e)  The state is not required to make contributions for
2-20     service established under this section.
2-21           (f)  The retirement system may require applicants for credit
2-22     under this section to submit any information the system considers
2-23     necessary to determine eligibility for credit, the amount of
2-24     credit, or the amounts of required contributions.
2-25           SECTION 2. Notwithstanding Section 813.513(b)(2), Government
2-26     Code, as added by this Act, a person who on the effective date of
2-27     this Act has been a  member of the Employees Retirement System of
 3-1     Texas as a law enforcement or custodial officer for two years or
 3-2     more may apply for service credit under Section 813.513, Government
 3-3     Code, as added by this Act, before January 1, 2002.
 3-4           SECTION 3. This Act takes effect September 1, 2001.