78R4036 SMJ-D

By:  Thompson                                                     H.B. No. 985



A BILL TO BE ENTITLED

AN ACT

relating to a temporary service retirement option for certain 
members of the Employees Retirement System of Texas who are 
employed by the legislature.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 814, Government Code, is 
amended by adding Section 814.1043 to read as follows:
	Sec. 814.1043.  TEMPORARY SERVICE RETIREMENT OPTION FOR 
CERTAIN MEMBERS EMPLOYED BY LEGISLATURE.  (a)  This section applies 
only to a member of the employee class who:
		(1)  is employed by the legislature or an agency in the 
legislative branch;
		(2)  has at least five years of service credit in the 
employee class; and
		(3)  is eligible to retire on or before August 31, 2005, 
using the additional service credit provided by this section.
	(b)  A member described by Subsection (a) may receive service 
credit in an amount not to exceed 60 months for the sole purpose of 
meeting the minimum age and service credit requirements of Section 
814.104(a)(2).  Service credit that a member receives under this 
subsection is in addition to service credit that the member 
establishes under Chapter 813.
	(c)  The annuity of a person who retires using the additional 
service credit provided by this section shall be reduced by one 
percent for each 12 months or fraction of 12 months of service 
credit that the person receives under this section.
	(d)  A member who applies to retire under this section and 
the member's employer shall provide any documentation that the 
retirement system requires to establish the member's eligibility to 
retire using the additional service credit provided by this 
section.
	(e)  The additional service credit provided by this section 
does not apply in determining a member's eligibility for:
		(1)  the selection of a death benefit plan under 
Section 814.301; or 
		(2)  disability retirement under Subchapter C.                         
	(f)  This section expires September 1, 2005.                            
	SECTION 2.  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, 2003.