79R2116 MCK-D

By:  Hegar                                                        H.B. No. 2973



A BILL TO BE ENTITLED

AN ACT

relating to eligibility for benefit replacement pay.                          
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 659.126, Government Code, is amended to 
read as follows: 
	Sec. 659.126.  LOSS OF ELIGIBILITY TO RECEIVE BENEFIT 
REPLACEMENT PAY.  (a)  An eligible state employee who leaves state 
employment after August 31, 1995, for at least 30 consecutive days
[12 consecutive months], on returning to state employment or on 
assuming a state office, is ineligible to receive benefit 
replacement pay.
	(b)  An eligible state-paid judge who leaves office after 
August 31, 1995, for at least 30 consecutive days [12 consecutive 
months], on return to state office or on accepting a state 
employment, is ineligible to receive benefit replacement pay.
	(c)  For purposes of Subsection (a), a state employee is not 
considered to have left state employment:
		(1)  while the state employee is on an unpaid leave of 
absence as provided by Section 661.909; or
		(2)  during a period of time the employee is not working 
for the state because the employee's employment with the state 
customarily does not include that period of time, such as a teacher 
whose employment does not invariably include the summer months.
	SECTION 2.  This Act takes effect September 1, 2005.