79R7459 HLT-D
By: McReynolds H.B. No. 2368
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of service credit within the
Employees Retirement System of Texas for service as a federal peace
officer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 811.001, Government Code, is amended by
adding Subdivision (8-a) and amending Subdivision (16) to read as
follows:
(8-a) "Federal peace officer" means any employee or
agent of the United States government who has the authority to carry
firearms and make warrantless arrests and whose duties involve
enforcement of the criminal laws of the United States.
(16) "Service credit" means the amount of membership
service, [and] military service, and federal peace officer service
ascribed to a person's account in the retirement system for which
all required contributions have been made to, and are being held by,
the retirement system.
SECTION 2. Section 813.001, Government Code, is amended to
read as follows:
Sec. 813.001. TYPES OF CREDITABLE SERVICE. The types of
service creditable in the retirement system are membership service,
military service, federal peace officer service, and equivalent
membership service.
SECTION 3. Section 813.101, Government Code, is amended to
read as follows:
Sec. 813.101. DETERMINATION OF REQUIRED DEPOSITS. The
retirement system shall determine in each case the amount of money
to be deposited by a member claiming credit for membership service,
[or] military service, or federal peace officer service previously
canceled or not previously established. The system may not provide
benefits based on the claimed service until the determined amount
has been fully paid.
SECTION 4. Section 813.106, Government Code, is amended to
read as follows:
Sec. 813.106. SERVICE NOT PREVIOUSLY ESTABLISHED. The
state shall make contributions for service not previously
established that is established under Section 813.104 in the amount
provided by Section 813.202(c) for membership service or the amount
provided by Section 813.302(d) for military service or federal
peace officer service, as applicable. The state contributions will
be made at the time the service credit is granted.
SECTION 5. The heading to Subchapter D, Chapter 813,
Government Code, is amended to read as follows:
SUBCHAPTER D. ESTABLISHMENT OF MILITARY SERVICE AND FEDERAL PEACE
OFFICER SERVICE
SECTION 6. The heading to Section 813.301, Government Code,
is amended to read as follows:
Sec. 813.301. CREDITABLE MILITARY SERVICE OR FEDERAL PEACE
OFFICER SERVICE.
SECTION 7. Section 813.301, Government Code, is amended by
adding Subsection (a-1) and amending Subsection (b) to read as
follows:
(a-1) Federal peace officer service creditable in the
retirement system is active federal employment as a federal peace
officer.
(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 or for federal peace officer service.
SECTION 8. The heading to Section 813.302, Government Code,
is amended to read as follows:
Sec. 813.302. MILITARY SERVICE OR FEDERAL PEACE OFFICER
SERVICE NOT PREVIOUSLY ESTABLISHED.
SECTION 9. Section 813.302, Government Code, is amended by
amending Subsection (a) and adding Subsection (b-1) to read as
follows:
(a) An eligible member may establish service credit in the
retirement system for military service or federal peace officer
service performed that is creditable as provided by Section
813.301.
(b-1) A member eligible to establish federal peace officer
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 peace officer duty or its equivalent; and
(2) has credit in the retirement system for membership
service performed after the date the member ended employment as a
federal peace officer.
SECTION 10. Section 813.303, Government Code, is amended to
read as follows:
Sec. 813.303. SERVICE CREDITED TO MEMBERSHIP
CLASS. (a) Except as provided by Subsection (b) or Section
813.304(d), military service or federal peace officer service is
creditable in a class of membership that includes a position held by
the member who performed the service after the date of release from
active military duty or employment as a federal peace officer.
(b) Military service or federal peace officer service
performed by a person who was a contributing member immediately
before the date the member began military duty or employment as a
federal peace officer may be credited, at the option of the member,
in the class of membership that includes the position held by the
member immediately before the date the member began the military
duty or federal peace officer employment.
SECTION 11. Section 813.304, Government Code, is amended to
read as follows:
Sec. 813.304. USE OF MILITARY SERVICE CREDIT OR FEDERAL
PEACE OFFICER SERVICE CREDIT. (a) The retirement system shall use
military service credit and federal peace officer service credit in
computing occupational disability retirement benefits and death
benefits and in determining eligibility to select an optional death
benefit plan.
(b) The retirement system shall use military service credit
and federal peace officer service credit in computing service
retirement or nonoccupational disability retirement benefits of a
member of the employee class only if the member has, without
military service credit and federal peace officer service credit,
at least five years of service credit in that class.
(c) The retirement system shall use military service credit
and federal peace officer service credit in computing service
retirement or nonoccupational disability retirement benefits of a
member of the elected class:
(1) only if the member has, without military service
credit and federal peace officer service credit, at least six years
of service credit in that class, if the military service credit or
federal peace officer service credit was established before January
1, 1978; or
(2) only if the member has enough service credit,
exclusive of the military service credit and federal peace officer
service credit, to be eligible for service retirement benefits at
age 60, if the military service credit or federal peace officer
service credit was established on or after January 1, 1978.
(d) The board of trustees by rule may permit a person who
retires with at least 10 years of service credit, excluding
military service credit or federal peace officer service credit, to
receive service retirement benefits as an elected officer for the
percentage of the person's military service credit or federal peace
officer service credit, but not more than 100 percent, that is
derived by dividing the number of months served as an elected
officer by 96 months.
SECTION 12. Section 813.401, Government Code, is amended to
read as follows:
Sec. 813.401. SERVICE CREDITABLE IN ELECTED CLASS. Service
creditable in the elected class of membership is:
(1) membership service in an office included in that
class;
(2) military service or federal peace officer service
established as provided by Subchapter D; and
(3) equivalent membership service specifically made
creditable in that class.
SECTION 13. Section 813.501, Government Code, is amended to
read as follows:
Sec. 813.501. SERVICE CREDITABLE IN EMPLOYEE
CLASS. Service creditable in the employee class of membership is:
(1) membership service in a position included in that
class;
(2) military service or federal peace officer service
established as provided by Subchapter D;
(3) service creditable in or transferred from the
elected class as provided by Section 813.503; and
(4) administrative board service established as
provided by Section 813.502.
SECTION 14. Section 813.503(a), Government Code, is amended
to read as follows:
(a) A member may establish in, or have transferred to, the
employee class all service credited in the elected class, if the
contributions made to establish the service in the elected class
equal or exceed contributions required of a member of the employee
class for the same amount of service during the same time and at the
same rate of compensation. A member or retiree who has, or had at
the time of retirement, at least eight years of service credit in
the elected class of membership, exclusive of military service or
federal peace officer service, may transfer service credit between
classes before or after retirement.
SECTION 15. Section 814.1042(a), Government Code, is
amended to read as follows:
(a) For the sole purpose of determining eligibility to
receive a service retirement annuity under Section 814.104(a)(2),
the retirement system shall consider not more than 60 months, or
portions of months, of service performed for a Texas governmental
employer by a member who has at least five years of service credit,
excluding military service or federal peace officer service, in the
employee class as if it were service for which credit is established
in the retirement system.
SECTION 16. Section 814.202(a), Government Code, is amended
to read as follows:
(a) A member is eligible to retire for a nonoccupational
disability if the member has at least:
(1) 8 years of membership service credit in the
elected class of membership;
(2) 6 years of membership service credit in the
elected class plus 2 years of military service credit or federal
peace officer service credit established before January 1, 1978;
or
(3) 10 years of membership service credit in the
employee class of membership.
SECTION 17. Section 815.311(a), Government Code, is amended
to read as follows:
(a) The retirement system shall deposit in a member's
individual account in the employees saving account the following
amounts:
(1) the amount of contributions to the retirement
system that is deducted from the member's compensation;
(2) the portion of a deposit required to reinstate
service credit previously canceled that represents only the amount
withdrawn;
(3) the portion of a deposit required to establish
service credit not previously established that represents only the
required contribution; and
(4) the portion of a deposit required to establish
military service credit or federal peace officer service credit
that represents only the member's contribution for that credit.
SECTION 18. Section 815.312(b), Government Code, is amended
to read as follows:
(b) The retirement system also shall deposit in the state
accumulation account the interest portion of the following deposits
made by members:
(1) deposits required to reinstate service previously
canceled;
(2) deposits required to establish service credit not
previously established; and
(3) deposits required to establish military service
credit or federal peace officer service credit.
SECTION 19. This Act takes effect September 1, 2005.