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