H.B. No. 3392
 
 
 
 
AN ACT
  relating to the resumption of employment by certain retirees within
  the Texas Municipal Retirement System.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 852.108(a) and (b), Government Code,
  are amended to read as follows:
         (a)  In this section and Sections 852.1085 and [Section]
  852.109, a person's reemploying municipality is the municipality
  for which the person was performing creditable service at the time
  of the person's retirement under this subtitle.
         (b)  Except as provided by Section 852.1085, a [A] person who
  has retired with a service retirement benefit under this subtitle
  and later becomes an employee of the person's reemploying
  municipality also becomes a member of the system on the date of
  employment, but credits and benefits allowable to the person under
  this subtitle are limited as provided by this section.
         SECTION 2.  Subchapter B, Chapter 852, Government Code, is
  amended by adding Section 852.1085 to read as follows:
         Sec. 852.1085.  RESUMPTION OF SERVICE WITH SAME EMPLOYER BY
  CERTAIN RETIREES. Notwithstanding Section 852.108, a person who
  retired because the department in the municipality in which the
  person worked was privatized and who later resumes employment in
  the same department or a successor department in the person's
  reemploying municipality again becomes a member of the retirement
  system and the person's retirement annuity is not suspended in the
  same manner provided by Section 852.109 for a person who resumes
  employment with a different municipality.
         SECTION 3.  (a)  A person who resumed employment after
  retirement and whose annuity was suspended under Section 852.108,
  Government Code, as that section existed before amendment by this
  Act, is entitled to the resumption of monthly annuity payments if
  the person meets the requirements of Section 852.1085, Government
  Code, as added by this Act.
         (b)  The Texas Municipal Retirement System shall resume
  making monthly annuity payments to a person described by Subsection
  (a) of this section on the first payment date occurring on or after
  the effective date of this Act.
         (c)  A person who is entitled to the resumption of monthly
  annuity payments under this section is not entitled to recover
  payment for annuity payments not made during the period the
  person's annuity was suspended under Section 852.108, Government
  Code, as that section existed before amendment by this Act.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3392 was passed by the House on April
  19, 2007, by the following vote:  Yeas 127, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3392 on May 23, 2007, by the following vote:  Yeas 144, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3392 was passed by the Senate, with
  amendments, on May 10, 2007, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor