By Homer                                              H.B. No. 2176
         77R7690 GJH-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     out-of-state 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 out-of-state service performed as a peace
1-10     officer if, in performing the service, the member was:
1-11                 (1)  licensed by a governmental entity that is the
1-12     equivalent of the Commission on Law Enforcement Officer Standards
1-13     and Education or not required to be licensed by the equivalent
1-14     entity; and
1-15                 (2)  commissioned by a municipal police department or
1-16     county sheriff's office in another state.
1-17           (b)  A member eligible to establish credit under this section
1-18     is one who:
1-19                 (1)  is a contributing member as a law enforcement or
1-20     custodial officer; and
1-21                 (2)  applies for credit under this section before the
1-22     second anniversary of the date the member becomes a law enforcement
1-23     or custodial officer.
1-24           (c)  A member may establish credit under this section by
 2-1     depositing with the retirement system for each month of service
 2-2     claimed:
 2-3                 (1)  a contribution computed on the member's
 2-4     compensation for the service as a peace officer at the combined
 2-5     rates required of the state and employee members of the retirement
 2-6     system at the time the service was performed; and
 2-7                 (2)  interest on the amount determined under
 2-8     Subdivision (1) computed on the basis of the state fiscal year at
 2-9     an annual rate of 10 percent from the date the service was
2-10     performed to the date of deposit.
2-11           (d)  The amount of service credit a member may establish
2-12     under this section may not be less than 24 months and may not
2-13     exceed 60 months of service credit under this section.  Credit
2-14     established under this section is used in computing the amount of
2-15     an annuity under this subtitle but may not be used to meet a
2-16     minimum service requirement for an annuity.  Credit may be
2-17     established under this section by a lump-sum payment or by payments
2-18     authorized by Section 813.104.  Credit may not be established under
2-19     this section for service that is currently credited in another
2-20     public retirement system.
2-21           (e)  The state is not required to make contributions for
2-22     service established under this section.
2-23           (f)  The retirement system may require applicants for credit
2-24     under this section to submit any information the system considers
2-25     necessary to determine eligibility for credit, the amount of
2-26     credit, or the amounts of required contributions.
2-27           SECTION 2. Notwithstanding Section 813.513(b)(2), Government
 3-1     Code, as added by this Act, a person who on the effective date of
 3-2     this Act has been a  member of the Employees Retirement System of
 3-3     Texas as a law enforcement or custodial officer for two years or
 3-4     more may apply for service credit under Section 813.513, Government
 3-5     Code, as added by this Act, before January 1, 2002.
 3-6           SECTION 3. This Act takes effect September 1, 2001.