By Staples                                            S.B. No. 1062
         77R7644 GJH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to credit in the Teacher Retirement System of Texas for
 1-3     service for certain private schools.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter E, Chapter 823, Government Code, is
 1-6     amended by adding Section 823.405 to read as follows:
 1-7           Sec. 823.405.  SERVICE FOR PRIVATE SCHOOL. (a)  In this
 1-8     section, "accredited private school" means a school that:
 1-9                 (1)  offers a course of instruction for students in one
1-10     or more grades from kindergarten through grade 12;
1-11                 (2)  is not operated by a governmental entity; and
1-12                 (3)  is accredited by a generally recognized
1-13     accrediting organization.
1-14           (b)  An eligible member may establish equivalent membership
1-15     service credit for employment with an accredited private school.
1-16           (c)  A member is eligible to establish credit under this
1-17     section if the member has at least 10 years of service credit in
1-18     the retirement system for actual service in public schools, at
1-19     least one year of which is for service performed after the service
1-20     for which credit is sought under this section.
1-21           (d)  A member may establish credit under this section by
1-22     depositing with the retirement system for each year of service
1-23     claimed a contribution computed at the rate of 12 percent of the
1-24     full-time rate of the member's annual compensation, determined as
 2-1     provided by Section 822.201, during the first year of service for
 2-2     which the member received membership credit in the retirement
 2-3     system that is after the service for which credit is sought.
 2-4           (e)  In addition to the contribution required by Subsection
 2-5     (d), a member claiming credit under this section must pay a fee of
 2-6     eight percent, compounded annually, of the required contribution
 2-7     from the date of first eligibility to the date of deposit.  A
 2-8     deposit for at least one year of credit, including the fee, must be
 2-9     made with an initial application for credit, and all payments for
2-10     service claimed under this section must be made before retirement. 
2-11           (f)  The amount of service credit a member may establish
2-12     under this section may not exceed five years.
2-13           (g)  After a member makes the deposits required by this
2-14     section, the retirement system shall grant the member one year of
2-15     equivalent membership service credit for each year of service
2-16     approved.  The retirement system may not use service credit granted
2-17     under this section in computing a member's annual average
2-18     compensation.
2-19           (h)  In determining the amount of a contribution under
2-20     Subsection (d) required of a member who did not work full time or
2-21     worked fewer days or months than full-time employees in similar
2-22     positions, the retirement system shall compute an annual rate of
2-23     compensation from the member's reported compensation.
2-24           SECTION 2. Section 823.004(a), Government Code, is amended to
2-25     read as follows:
2-26           (a)  All credit for military service, out-of-state service,
2-27     developmental leave, service previously waived, work experience in
 3-1     a career or technological field, service for a private school, and
 3-2     service transferred to the retirement system under Chapter 805
 3-3     shall be computed on a September 1 through August 31 school year.
 3-4     Payments for service described by this section must be completed
 3-5     not later than the later of the member's retirement date or the
 3-6     last day of the month in which the member submits a retirement
 3-7     application.
 3-8           SECTION 3. Section 825.307(a), Government Code, is amended to
 3-9     read as follows:
3-10           (a)  The retirement system shall deposit in a member's
3-11     individual account in the member savings account:
3-12                 (1)  the amount of contributions to the retirement
3-13     system that is deducted from the member's compensation;
3-14                 (2)  the portion of a deposit made on or after
3-15     resumption of membership that represents the amount of retirement
3-16     benefits received;
3-17                 (3)  the portion of a deposit to reinstate service
3-18     credit previously canceled that represents the amount withdrawn or
3-19     refunded;
3-20                 (4)  the portion of a deposit to establish membership
3-21     service credit previously waived that is required by Section
3-22     823.202(b)(1);
3-23                 (5)  the portion of a deposit to establish membership
3-24     service credit for service performed after retirement that is
3-25     required by Section 823.502(c)(3);
3-26                 (6)  the portion of a deposit to establish military
3-27     service credit required by Section 823.302(c);
 4-1                 (7)  the portion of a deposit to establish equivalent
 4-2     membership service credit required by Section 823.401(d),
 4-3     823.402(e)(1) or (e)(2), 823.404(c), or 823.3021(f)(1) or Sections
 4-4     823.405(d) and (e); and
 4-5                 (8)  interest earned on money in the account as
 4-6     provided by Subsections (b) and (c) and Section 825.313(c).
 4-7           SECTION 4. Section 825.410(a), Government Code, is amended to
 4-8     read as follows:
 4-9           (a)  Payments to establish special service credit as
4-10     authorized in Sections 805.002, 823.302, 823.304, 823.401, 823.501,
4-11     823.405, and 825.403 may be made in a lump sum by a monthly payroll
4-12     deduction in an amount not less than one-twelfth of the
4-13     contribution required to establish at least one year of service
4-14     credit, or in equal monthly installments over a period not to
4-15     exceed the lesser of the number of years of credit to be purchased
4-16     or 60 months.  Installment and payroll deduction payments are due
4-17     on the first day of each calendar month in the payment period.  If
4-18     an installment or payroll deduction payment is not made in full
4-19     within 60 days after the due date, the retirement system may refund
4-20     all installment or payroll deduction payments less fees paid on the
4-21     lump sum due when installment or payroll deduction payments began.
4-22     Partial payment of an installment or payroll deduction payment may
4-23     be treated as nonpayment.  A check returned for insufficient funds
4-24     or a closed account shall be treated as nonpayment.  When two or
4-25     more consecutive monthly payments have a returned check, a refund
4-26     may be made.  If the retirement system refunds payments pursuant to
4-27     this subsection, the member is not permitted to use the installment
 5-1     method of payment or the payroll deduction method, as applicable,
 5-2     for the same service for three years after the date of the refund.
 5-3     A member who requests and receives a refund of installment or
 5-4     payroll deduction payments also is not permitted to use the same
 5-5     method of payment for the same service for three years after the
 5-6     date of the refund.
 5-7           SECTION 5. This Act takes effect September 1, 2001.