79R5602 DLF-F
By: Eiland H.B. No. 2945
A BILL TO BE ENTITLED
AN ACT
relating to participation in the optional retirement program by
certain employees of institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 830, Government Code, is
amended by adding Section 830.1015 to read as follows:
Sec. 830.1015. EXPANDED ELIGIBILITY TO PARTICIPATE FOR
CERTAIN EMPLOYEES. (a) An institution of higher education that
participates in the optional retirement program may submit a list
to the Texas Higher Education Coordinating Board of employment
positions at the institution that:
(1) do not otherwise meet established eligibility for
participation in the optional retirement program; and
(2) the institution proposes to include for
eligibility for participation in the program.
(b) A list submitted under Subsection (a) must be based on
the competitive labor market requirements of the institution of
higher education.
(c) The Texas Higher Education Coordinating Board may
approve for participation in the optional retirement program one or
more of the employment positions at an institution of higher
education included on a list submitted under Subsection (a). A
person holding an employment position on a list submitted under
this section is eligible to participate in the optional retirement
program, in accordance with this section, only if the Texas Higher
Education Coordinating Board approves in writing that position for
participation.
(d) The Texas Higher Education Coordinating Board by rule
shall periodically require the institution of higher education to
reapply for continued approval of each employment position at that
institution that is approved for participation in the optional
retirement program under this section.
(e) If the Texas Higher Education Coordinating Board
terminates the eligibility of an employment position for
participation in the optional retirement program under Subsection
(d), an employee hired into the position before the date of the
termination and participating in the program on that date remains
in the program, subject to the rules of the retirement system. An
employee hired into that position after the date of the termination
shall participate in the retirement system if the employee is
otherwise eligible.
(f) Notwithstanding Subchapter C, the state contribution
for an employee in an employment position that participates in the
optional retirement program under this section is equal to the
contribution made for a participant in the retirement system.
(g) The total employer contribution for an employee in an
employment position at an institution of higher education that
participates in the optional retirement program under this section
is the same as the amount contributed for other employees of the
institution participating in the program. The institution shall
contribute an amount equal to the difference between the amount
contributed under Subsection (f) and the total employer
contribution required under this subsection. If the institution
contributes at different rates for different participants, the
total employer contribution required under this subsection is based
on the contribution applicable to a new participant at the time
contributions under the program begin for that participant.
SECTION 2. This Act takes effect September 1, 2005.