By Staples S.B. No. 652
77R3448 SGA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the payment of retirement benefits to certain members
1-3 of the Employees Retirement System of Texas who return to state
1-4 employment.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 812.201(c), Government Code, is amended to
1-7 read as follows:
1-8 (c) A person who is retired from the elected class of
1-9 membership and who again holds a position included in that class
1-10 may elect to become a member again by filing notice with the
1-11 retirement system. Except as provided by Section 812.203(c)
1-12 [812.203(e)], when benefit payments are resumed, the retirement
1-13 system shall recompute the annuity selected at the time of the
1-14 person's original retirement to include the additional service
1-15 established during membership under this subsection.
1-16 SECTION 2. Section 812.202(b), Government Code, is amended to
1-17 read as follows:
1-18 (b) The payment of benefits to a retiree for service
1-19 credited in the employee class of membership is not affected by the
1-20 retiree's taking[, for nine months or less within any fiscal year,]
1-21 a position included in the employee class.
1-22 SECTION 3. Section 812.203, Government Code, is amended to
1-23 read as follows:
1-24 Sec. 812.203. BENEFITS AFFECTED. (a) [The retirement system
2-1 shall suspend annuity payments to a retiree for service that was
2-2 credited to the retiree in the employee class if the retiree holds
2-3 a position included in the employee class for more than nine months
2-4 in any one fiscal year:]
2-5 [(1) until the retiree no longer holds a position
2-6 included in the employee class; or]
2-7 [(2) until the next fiscal year, whichever comes
2-8 first.]
2-9 [(b) The board of trustees by rule shall determine what
2-10 constitutes a month for purposes of this section.]
2-11 [(c)] Time during which retirement benefit payments are
2-12 suspended as provided by this section does not reduce the number of
2-13 months payments are to be made under an optional benefit plan
2-14 providing for a specific amount of benefits for a guaranteed number
2-15 of months after retirement.
2-16 (b) [(d)] If a retiree takes the oath for a position
2-17 included in the elected class of membership, the retirement system
2-18 shall suspend annuity payments to the person for service that was
2-19 credited in that class, until the person no longer holds that
2-20 position.
2-21 (c) [(e)] If a member who originally retired with service
2-22 credited at the time of that retirement only in the elected class
2-23 of membership again retires, the person at the time of subsequent
2-24 retirement may select an annuity based on service in the elected
2-25 class as if the person were retiring for the first time. If the
2-26 person selects an annuity under Section 814.108(c)(3) or (c)(4),
2-27 the retirement system shall reduce the number of months of
3-1 guaranteed payment by the number of months for which an annuity was
3-2 paid under the person's original retirement.
3-3 SECTION 4. Section 304.009(c), Government Code, is amended to
3-4 read as follows:
3-5 (c) An emergency interim successor's performance of the
3-6 powers and duties of an unavailable legislator does not affect the
3-7 successor's entitlement to other compensation or benefits to which
3-8 the successor might otherwise be entitled. Section 812.203(b)
3-9 [812.203(d)] does not apply to an individual serving as an
3-10 emergency interim successor under this chapter.
3-11 SECTION 5. This Act applies only to retirement benefit
3-12 payments to retirees in employee class employment that are made on
3-13 or after the effective date of this Act.
3-14 SECTION 6. This Act takes effect September 1, 2001.