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79R4072 DLF-F
By: Gallegos S.B. No. 1759
A BILL TO BE ENTITLED
AN ACT
relating to retirement benefits for law enforcement officers
employed and commissioned by certain institutions of higher
education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 811.001, Government Code, is amended by
amending Subdivision (9) and adding Subdivision (19) to read as
follows:
(9) "Law enforcement officer" means a member of the
retirement system who has been commissioned as a law enforcement
officer by the Department of Public Safety, the Texas Alcoholic
Beverage Commission, the Texas State Board of Pharmacy, a public
institution of higher education, or the Parks and Wildlife
Department and who is recognized as a commissioned law enforcement
officer by the Commission on Law Enforcement Officer Standards and
Education.
(19) "Public institution of higher education" means a
general academic teaching institution, a medical and dental unit,
or a university system, as those terms are defined by Section
61.003, Education Code.
SECTION 2. Section 812.003(a), Government Code, is amended
to read as follows:
(a) Except as provided by Subsection (b), membership in the
employee class of the retirement system includes:
(1) all employees and appointed officers of every
department, commission, board, agency, or institution of the state
except:
(A) [(1)] independent contractors and their
employees performing work for the state; and
(B) [(2)] persons disqualified from membership
under Section 812.201; and
(2) all law enforcement officers commissioned and
employed by a public institution of higher education except persons
disqualified from membership under Section 812.201.
SECTION 3. Section 814.104(b), Government Code, is amended
to read as follows:
(b) A member who is at least 55 years old and who has at
least 10 years of service credit as a commissioned peace officer
engaged in criminal law enforcement activities of the Department of
Public Safety, the Texas Alcoholic Beverage Commission, the Texas
State Board of Pharmacy, a public institution of higher education,
or the Parks and Wildlife Department, or as a custodial officer, is
eligible to retire and receive a service retirement annuity.
SECTION 4. Section 815.505, Government Code, is amended to
read as follows:
Sec. 815.505. CERTIFICATION OF NAMES OF LAW ENFORCEMENT AND
CUSTODIAL OFFICERS. Not later than the 12th day of the month
following the month in which a person begins or ceases employment as
a law enforcement officer or custodial officer, the Public Safety
Commission, the Texas Alcoholic Beverage Commission, the Parks and
Wildlife Commission, the Texas State Board of Pharmacy, a public
institution of higher education, the Board of Pardons and Paroles,
or the Texas Board of Criminal Justice, as applicable, shall
certify to the retirement system, in the manner prescribed by the
system, the name of the employee and such other information as the
system determines is necessary for the crediting of service and
financing of benefits under this subtitle.
SECTION 5. Section 821.001(6), Government Code, is
amended to read as follows:
(6) "Employee" means a person who is employed, as
determined by the retirement system, on other than a temporary
basis by an employer for at least one-half time at a regular rate of
pay comparable to that of other persons employed in similar
positions. This term does not include a person employed as a law
enforcement officer by a public institution of higher education as
that term is defined by Section 811.001.
SECTION 6. Section 822.002, Government Code, is amended to
read as follows:
Sec. 822.002. EXCEPTIONS TO MEMBERSHIP REQUIREMENT. (a)
An employee of the public school system is not permitted to be a
member of the retirement system if the employee:
(1) is eligible and elects to participate in the
optional retirement program under Chapter 830;
(2) is solely employed by a public institution of
higher education that as a condition of employment requires the
employee to be enrolled as a student in the institution; or
(3) has retired under the retirement system and has
not been reinstated to membership pursuant to Section 824.005 or
824.307.
(b) A person commissioned and employed as a law enforcement
officer by a public institution of higher education, as that term is
defined by Section 811.001, is not a member of the retirement
system.
SECTION 7. (a) All persons who were commissioned and
employed on August 31, 2005, as law enforcement officers by a public
institution of higher education, as defined by Section 811.001,
Government Code, as amended by this Act, who were contributing
members of the Teacher Retirement System of Texas on that date, and
who remain in employment described by this subsection on September
1, 2005, become members of the Employees Retirement System of Texas
on September 1, 2005.
(b) Service credit in the Teacher Retirement System of Texas
as a commissioned law enforcement officer by a person whose
retirement system membership is transferred under this section is
considered as if it were service credit in the Employees Retirement
System of Texas for the purpose of determining eligibility for
benefits from the Employees Retirement System of Texas.
(c) A commissioned law enforcement officer who becomes a
member of the Employees Retirement System of Texas under Subsection
(a) of this section and who has, before September 1, 2005, initiated
payments for previous service credit in the Teacher Retirement
System of Texas under Section 823.202, Government Code, as it
existed before the repeal of that section, or under Section
823.302, 823.3021, 823.304, 823.401, 823.402, or 823.501,
Government Code, may complete the agreed payment plan to establish
service credit in the Teacher Retirement System of Texas. Credit
established under this section is considered as if it were service
credit in the Employees Retirement System of Texas for the purpose
of determining eligibility of benefits from the Employees
Retirement System of Texas.
(d) At the time of the retirement or death of a person whose
membership is transferred under this section, the Teacher
Retirement System of Texas and the Employees Retirement System of
Texas shall make a computation and transfer of money in the manner
provided by Section 805.008, Government Code, and the person's
service credit as a law enforcement officer described by this
section in the Teacher Retirement System of Texas will be
transferred to the Employees Retirement System of Texas.
SECTION 8. Before October 1, 2005, each public institution
of higher education, as defined by Section 811.001, Government
Code, as amended by this Act, shall certify to the Employees
Retirement System of Texas, in the manner prescribed by the
retirement system, the name of each person employed by the
institution on September 1, 2005, as a law enforcement officer, as
defined by Section 811.001, Government Code, as amended by this
Act, and any other information the system determines is necessary
for the crediting of service and financing of benefits under
Subtitle B, Title 8, Government Code.
SECTION 9. This Act takes effect September 1, 2005.