By:  Madden                                                     H.J.R. No. 1  



A JOINT RESOLUTION

proposing a constitutional amendment to allow supplemental 
retirement programs offered by a single employer of a municipality.
	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:                       
	SECTION 1.  Section 67(a)(2), Article XVI, Texas 
Constitution, is amended to read as follows:
	(a)(2)  A person may not receive benefits from more than one 
system for the same service, but the legislature may provide by law 
that a person with service covered by more than one system or 
program is entitled to a fractional benefit from each system or 
program based on service rendered under each system or program 
calculated as to amount upon the benefit formula used in that system 
or program.  Transfer of service credit between the Employees 
Retirement System of Texas and the Teacher Retirement System of 
Texas also may be authorized by law.  A person is not receiving 
benefits under more than one public retirement system if, a single 
employer participates in a state wide public retirement system and 
also provides:
	(a)  benefits established by the employer subsequent to the 
employer's withdrawal from the social security program; or
	(b)  benefits provided under supplemental retirement 
programs including those funded by the employer, employee, or a 
combination thereof which are uniformly available to all qualified 
employees.
	The additional benefits under (a) and (b) above shall not be 
credited to another public retirement system.
	SECTION 2.  This proposed constitutional amendment shall be 
submitted to the voters at an election to be held November 8, 2005.  
The ballot shall be printed to permit voting for or against the 
proposition: "The constitutional amendment to allow supplement 
retirement programs offered by a single employer."