78R4013 SMJ-D
By: Deshotel H.B. No. 2358
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of credit in the Employees Retirement
System of Texas for military service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 813.301, Government Code, is amended to
read as follows:
Sec. 813.301. CREDITABLE MILITARY SERVICE. (a) Military
service creditable in the retirement system is:
(1) active federal duty as a member of the armed forces
of the United States;
(2) service as a member of the Texas National Guard; or
(3) service in any of the reserve components of the
armed forces of the United States.
(b) A member may establish [one month of service credit for
each month or fraction of a month of duty, but] not more than 60
months of service credit in the retirement system for military
service.
(c) Service is creditable under this section for active
federal duty as a member of the armed forces of the United States at
the rate of one month of service credit for each month or fraction
of a month of that service. Service is creditable under this
section for service as a member of the Texas National Guard or for
service in any of the reserve components of the armed forces of the
United States at the rate of one month of service credit for each
three months or fractions of months of that service.
SECTION 2. Section 813.302(b), Government Code, is amended
to read as follows:
(b) A member eligible to establish military service credit
is one who:
(1) does not receive and is not eligible to receive
federal retirement payments based on 20 years or more of active
federal military duty or its equivalent;
(2) has been released from military duty under
honorable conditions [not dishonorable]; and
(3) has credit in the retirement system for membership
service performed after the member's date of release from active
military duty.
SECTION 3. Section 813.505(b), Government Code, is amended
to read as follows:
(b) A member claiming credit in the employee class for
military service not previously established shall, for each month
of the creditable service, pay a contribution in an amount equal to
the greater of:
(1) the amount that the member contributed for the
first full month of membership service that is after the member's
date of release from military service described by Sec. 813.301(a)
[active military duty] and that is credited in the retirement
system; or
(2) $18.
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, 2003.