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Suspending limitations on conference committee
jurisdiction, H.B. No. 2359
By: Armbrister S.R. No. 1055
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 78th
Legislature, Regular Session, 2003, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on
House Bill No. 2359, relating to the programs and systems
administered by the Employees Retirement System of Texas, to
consider and take action on the following matter:
Senate Rules 12.03(3) and (4) are suspended to permit the
committee to add additional text not included in either the house
or senate version of the bill, consisting of the following new
SECTIONs to read as follows:
SECTION ___. Section 812.003, Government Code, is
amended by amending Subsection (d) and adding Subsections (e)
through (h) to read as follows:
(d) For persons whose employment or office holding begins
on or after September 1, 2005, membership [Membership] in the
employee class begins on the first day the [a] person is employed
or holds office.
(e) For persons whose employment or office holding begins
before September 1, 2005, membership in the employee class begins
on the 91st day after the first day a person is employed or holds
office.
(f) A person who is reemployed or who again holds office
after withdrawing contributions under Subchapter B for previous
service credited in the employee class begins membership in the
employee class on the 91st day after the first day the person is
reemployed or again holds office.
(g) Notwithstanding any other provision of law, a member
may establish service credit only as provided by Section 813.514
for service performed during the 90-day waiting period provided
by Subsection (e) or (f).
(h) Subsections (e), (f), and (g) and this subsection
expire September 1, 2005.
SECTION ___. Subchapter F, Chapter 813, Government Code,
is amended by adding Section 813.514 to read as follows:
Sec. 813.514. CREDIT PURCHASE OPTION FOR CERTAIN
SERVICE. (a) A member may establish service credit under this
section in the employee class only for service performed during a
90-day waiting period to become a member after beginning
employment or holding office.
(b) A member may establish service credit under this
section by depositing with the retirement system, for each month
of service credit, the actuarial present value, at the time of
deposit, of the additional standard retirement annuity benefits
that would be attributable to the purchase of the service credit
under this section based on rates and tables recommended by the
retirement system's actuary and adopted by the board of trustees.
(c) After a member makes the deposits required by this
section, the retirement system shall grant the member one month
of equivalent membership service credit for each month of credit
approved. A member may establish not more than three months of
equivalent membership service credit under this section.
(d) The retirement system shall deposit the amount of the
actuarial present value of the service credit purchased in the
member's individual account in the employees saving account.
(e) The board of trustees may adopt rules to administer
this section, including rules that impose restrictions on the
application of this section as necessary to cost-effectively
administer this section.
SECTION ___. Section 812.003, Government Code, as
amended by this Act, and Section 813.514, Government Code, as
added by this Act, apply only to a person who is first employed by
or begins to hold an office of the state on or after the effective
date of this Act and to a former employee or office holder who has
withdrawn retirement contributions under Subchapter B, Chapter
812, Government Code, and is reemployed by or begins to again
hold an office of the state on or after the effective date of this
Act.
Explanation: The added text is needed to provide that a
new state employee or a reemployed state employee who has
withdrawn contributions for previous service does not begin to
receive service credit until the 91st day of employment. Such
employees have the option to purchase service credit for the
90-day period at the actuarial value. This is a temporary change
that expires September 1, 2005.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on June 1, 2003, by the
following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate