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A BILL TO BE ENTITLED
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AN ACT
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relating to the service retirement benefits of certain retirees who |
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resume employment within 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. Section 852.108, Government Code, is amended by |
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amending Subsections (e) and (f) and adding Subsection (j) to read |
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as follows: |
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(e) After termination of employment with the reemploying |
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municipality and after filing of an application for resumption of |
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retirement with the board of trustees, a person described by |
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Subsection (b) is entitled to receive future payments of the |
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suspended annuity, as provided by Subsection (f), and to the |
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additional benefits as provided by Subsections (g), (h), [and] (i), |
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and (j). |
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(f) Monthly payments of a suspended annuity shall be resumed |
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in the month following the month in which employment is terminated |
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with the reemploying municipality, without change in the amount |
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except for any increase allowed under Section 854.203 or the |
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duration of or another condition pertaining to the suspended |
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benefit. Payment of the resumed benefit may not be made for any |
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month during which the payment was suspended under this section, |
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except as provided by Subsection (j). |
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(j) This subsection applies only to a person described by |
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Subsection (b) who became an employee of the reemploying |
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municipality after a bona fide termination of employment of at |
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least 12 months and has filed an application for resumption of |
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retirement with the board of trustees. A person who resumes |
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retirement under this subsection is entitled to receive a lump-sum |
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payment of an amount equal to the sum of the suspended annuity |
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payments that the person would have received from the retirement |
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system had payments not been suspended under this section. The |
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lump-sum payment is payable from the municipality accumulation fund |
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and the current service annuity reserve fund as appropriate. |
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SECTION 2. (a) The changes in law made by this Act to |
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Section 852.108, Government Code, apply only to the following: |
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(1) a person who resumes employment on or after the |
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effective date of this Act with the same municipality the person was |
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employed by before retiring from service; and |
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(2) to the extent provided by Subsection (b) of this |
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section, a person who resumed employment before the effective date |
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of this Act with the same municipality the person was employed by |
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before retiring from service and who is in that employment on the |
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effective date of this Act. |
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(b) A person described by Subsection (j), Section 852.108, |
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Government Code, as added by this Act, and Subdivision (2), |
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Subsection (a) of this section, is entitled to payment of an amount |
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equal to the sum of suspended annuity payments attributable to the |
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period of the person's reemployment occurring on or after the |
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effective date of this Act. |
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(c) The changes in law made by this Act to Section 852.108, |
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Government Code, do not apply to a person to whom Section 852.1085, |
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Government Code, applies. |
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SECTION 3. This Act takes effect January 1, 2012. |
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