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A BILL TO BE ENTITLED
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AN ACT
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relating to retirement benefits for law enforcement officers |
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employed and commissioned by certain institutions of higher |
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education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 811.001, Government Code, is amended by |
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amending Subdivision (9) and adding Subdivision (19) to read as |
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follows: |
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(9) "Law enforcement officer" means a member of the |
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retirement system who: |
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(A) has been commissioned as a law enforcement |
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officer by the Department of Public Safety, the Texas Alcoholic |
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Beverage Commission, the Parks and Wildlife Department, [or] the |
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office of inspector general at the Texas Youth Commission, or a |
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public institution of higher education; and |
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(B) is recognized as a commissioned law |
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enforcement officer by the Commission on Law Enforcement Officer |
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Standards and Education. |
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(19) "Public institution of higher education" means a |
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general academic teaching institution, a medical and dental unit, |
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or a university system, as those terms are defined by Section |
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61.003, Education Code. |
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SECTION 2. Section 812.003(a), Government Code, is amended |
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to read as follows: |
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(a) Except as provided by Subsections (b) and (d), |
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membership in the employee class of the retirement system includes: |
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(1) all employees and appointed officers of every |
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department, commission, board, agency, or institution of the state |
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except: |
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(A) [(1)] independent contractors and their |
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employees performing work for the state; and |
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(B) [(2)] persons disqualified from membership |
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under Section 812.201; and |
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(2) all law enforcement officers commissioned and |
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employed by a public institution of higher education except persons |
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disqualified from membership under Section 812.201. |
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SECTION 3. Section 814.104(b), Government Code, is amended |
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to read as follows: |
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(b) A member who is at least 55 years old and who has at |
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least 10 years of service credit as a commissioned peace officer |
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engaged in criminal law enforcement activities of the Department of |
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Public Safety, the Texas Alcoholic Beverage Commission, the Parks |
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and Wildlife Department, [or] the office of inspector general at |
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the Texas Youth Commission, or a public institution of higher |
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education, or as a custodial officer, is eligible to retire and |
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receive a service retirement annuity. |
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SECTION 4. Section 815.505, Government Code, is amended to |
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read as follows: |
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Sec. 815.505. CERTIFICATION OF NAMES OF LAW ENFORCEMENT AND |
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CUSTODIAL OFFICERS. Not later than the 12th day of the month |
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following the month in which a person begins or ceases employment as |
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a law enforcement officer or custodial officer, the Public Safety |
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Commission, the Texas Alcoholic Beverage Commission, the Parks and |
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Wildlife Commission, the office of inspector general at the Texas |
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Youth Commission, a public institution of higher education, the |
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Board of Pardons and Paroles, or the Texas Board of Criminal |
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Justice, as applicable, shall certify to the retirement system, in |
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the manner prescribed by the system, the name of the employee and |
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such other information as the system determines is necessary for |
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the crediting of service and financing of benefits under this |
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subtitle. |
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SECTION 5. Section 821.001(6), Government Code, is amended |
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to read as follows: |
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(6) "Employee" means a person who is employed, as |
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determined by the retirement system, on other than a temporary |
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basis by an employer for at least one-half time at a regular rate of |
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pay comparable to that of other persons employed in similar |
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positions. This term does not include a person employed as a law |
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enforcement officer by a public institution of higher education as |
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that term is defined by Section 811.001. |
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SECTION 6. Section 822.002, Government Code, is amended to |
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read as follows: |
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Sec. 822.002. EXCEPTIONS TO MEMBERSHIP REQUIREMENT. (a) |
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An employee of the public school system is not permitted to be a |
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member of the retirement system if the employee: |
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(1) is eligible and elects to participate in the |
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optional retirement program under Chapter 830; |
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(2) is solely employed by a public institution of |
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higher education that as a condition of employment requires the |
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employee to be enrolled as a student in the institution; or |
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(3) has retired under the retirement system and has |
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not been reinstated to membership pursuant to Section 824.005 or |
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824.307. |
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(b) A person commissioned and employed as a law enforcement |
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officer by a public institution of higher education, as that term is |
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defined by Section 811.001, is not a member of the retirement |
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system. |
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SECTION 7. (a) All persons who were commissioned and |
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employed on August 31, 2009, as law enforcement officers by a public |
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institution of higher education, as defined by Section 811.001, |
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Government Code, as amended by this Act, who were contributing |
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members of the Teacher Retirement System of Texas on that date, and |
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who remain in employment described by this subsection on September |
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1, 2009, become members of the Employees Retirement System of Texas |
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on September 1, 2009. |
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(b) Service credit in the Teacher Retirement System of Texas |
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as a commissioned law enforcement officer by a person whose |
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retirement system membership is transferred under this section is |
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considered as if it were service credit in the Employees Retirement |
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System of Texas for the purpose of determining eligibility for |
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benefits from the Employees Retirement System of Texas. |
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(c) A commissioned law enforcement officer who becomes a |
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member of the Employees Retirement System of Texas under Subsection |
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(a) of this section and who has, before September 1, 2009, initiated |
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payments for previous service credit in the Teacher Retirement |
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System of Texas under Section 823.202, Government Code, as it |
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existed before the repeal of that section, Section 823.3021, as it |
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existed before expiration of that section, or under Section |
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823.302, 823.304, 823.401, 823.402, or 823.501, Government Code, |
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may complete the agreed payment plan to establish service credit in |
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the Teacher Retirement System of Texas. Credit established under |
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this section is considered as if it were service credit in the |
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Employees Retirement System of Texas for the purpose of determining |
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eligibility of benefits from the Employees Retirement System of |
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Texas. |
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(d) At the time of the retirement or death of a person whose |
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membership is transferred under this section, the Teacher |
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Retirement System of Texas and the Employees Retirement System of |
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Texas shall make a computation and transfer of money in the manner |
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provided by Section 805.008, Government Code, and the person's |
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service credit as a law enforcement officer described by this |
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section in the Teacher Retirement System of Texas will be |
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transferred to the Employees Retirement System of Texas. |
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SECTION 8. Before October 1, 2009, each public institution |
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of higher education, as defined by Section 811.001, Government |
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Code, as amended by this Act, shall certify to the Employees |
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Retirement System of Texas, in the manner prescribed by the |
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retirement system, the name of each person employed by the |
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institution on September 1, 2009, as a law enforcement officer, as |
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defined by Section 811.001, Government Code, as amended by this |
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Act, and any other information the system determines is necessary |
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for the crediting of service and financing of benefits under |
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Subtitle B, Title 8, Government Code. |
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SECTION 9. This Act takes effect September 1, 2009. |