80R7880 DLF-F

By: Rodriguez H.B. No. 2888

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:

(A) has been commissioned as a law enforcement officer by the Department of Public Safety, the Texas Alcoholic Beverage Commission, [or] the Parks and Wildlife Department, or a public institution of higher education; and

(B) 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 Subsections (b) and (d), 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, [or] the Parks and Wildlife Department, or a public institution of higher education, 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, 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, 2007, 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, 2007, become members of the Employees Retirement System of Texas on September 1, 2007.

(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, 2007, 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, Section 823.3021, as it existed before expiration of that section, or under Section 823.302, 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, 2007, 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, 2007, 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, 2007.