78S40403 SGA-D

By:  Shapleigh                                                    S.B. No. 22 



A BILL TO BE ENTITLED

AN ACT

relating to eligibility for membership and service credit in the 
Teacher Retirement System of Texas.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 823.002, Government Code, is amended to 
read as follows: 
	Sec. 823.002.  SERVICE CREDITABLE IN A YEAR.  [(a)]  The 
board of trustees by rule shall determine how much service in any 
year is equivalent to one year of service credit, but in no case may 
all of a person's service in one school year be creditable as more 
than one year of service.  Service that has been credited by the 
retirement system on annual statements for a period of five or more 
years may not be deleted or corrected because of an error in 
crediting unless the error concerns three or more years of service 
credit or was caused by fraud.
	[(b)  The rules adopted by the board of trustees under 
Subsection (a) must provide that the 90-day waiting periods 
described by Sections 822.001(c) and (d) be applied with regard to 
contributions during a member's first year of service under either 
of those subsections in a manner that, to the greatest extent 
possible, minimizes the cost to the retirement system.  This 
subsection expires September 1, 2005.]
	SECTION 2.  Sections 822.001(c), (d), (e), and (f), 
Government Code, are repealed.
	SECTION 3.  (a) The changes in law made by this Act by the 
repeal of Sections 822.001(c)-(f), Government Code, apply only to a 
person who is first employed on or after the effective date of this 
Act or to a former employee who has withdrawn retirement 
contributions under Section 822.003, Government Code, and is 
reemployed on or after the effective date of this Act.
	(b)  The change in law made by this Act by the amendment of 
Section 823.002, Government Code, applies only to a person whose 
employment begins on or after the effective date of this Act.  The 
board of trustees of the Teacher Retirement System of Texas shall 
adopt rules implementing the change as soon as practicable after 
the effective date of this Act.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2004.