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.