| |
|
|
A BILL TO BE ENTITLED
|
|
|
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. |