This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

                                                                                

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.