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A BILL TO BE ENTITLED
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AN ACT
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relating to creditable service in the Employees Retirement System |
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of Texas and the transfer of that credit between classes of |
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membership for certain state employees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 813.201, Government Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) A person who is a member or retiree of the elected class |
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who served in the house of representatives of this state and who |
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holds a position as an employee of the house of representatives may |
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accrue service credit for that position only if the person is a |
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full-time employee. For purposes of this section, "full-time |
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employee" means an employee designated by the house of |
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representatives of this state as working 40 or more hours a week. |
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SECTION 2. Section 813.503, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (e) to read as |
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follows: |
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(a) A member may establish in, or have transferred to, the |
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employee class all service credited in the elected class, if the |
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contributions made to establish the service in the elected class |
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equal or exceed contributions required of a member of the employee |
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class for the same amount of service during the same time and at the |
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same rate of compensation. Subject to the requirements of |
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Subsection (e), a [A] member or retiree who has, or had at the time |
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of retirement, at least eight years of service credit in the elected |
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class of membership, exclusive of military service, may transfer |
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service credit between classes before or after retirement. |
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(e) A person who is a member or retiree of the elected class |
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who served in the house of representatives of this state may |
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transfer service credit between the employee class and the elected |
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class only if with respect to service credited in the employee class |
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the person provides documentation that the person performed the |
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service: |
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(1) as a full-time employee as that term is defined by |
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Section 1551.003, Insurance Code; or |
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(2) as an employee designated by the house of |
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representatives as an employee working 40 or more hours a week. |
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SECTION 3. Section 813.201(d), Government Code, as added by |
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this Act, applies only to service credits accrued by a member of the |
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Employees Retirement System of Texas for service performed on or |
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after the effective date of this Act. Service credits accrued for |
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service performed before the effective date of this Act is governed |
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by the law in effect immediately before the effective date of this |
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Act, and that law is continued in effect for that purpose. |
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SECTION 4. Section 813.503(e), Government Code, as added by |
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this Act, applies only to a transfer of service credits under |
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Section 813.503, as amended by this Act, by a member of the |
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Employees Retirement System of Texas on or after the effective date |
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of this Act. A transfer that occurs before the effective date of |
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this Act is governed by the law in effect immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 5. 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, 2009. |