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A BILL TO BE ENTITLED
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AN ACT
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relating to benefits from the Employees Retirement System of Texas |
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for certain peace officers and custodial officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 811.001(9), Government Code, is amended |
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to read as 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, the |
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attorney general, or any other state office or agency; 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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SECTION 2. 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, the attorney general, or another state |
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office or agency, or as a custodial officer, is eligible to retire |
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and receive a service retirement annuity. |
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SECTION 3. Section 814.107, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (h) to read as |
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follows: |
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(a) A member who has at least 20 years of service credit as a |
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law enforcement or custodial officer, including any law enforcement |
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officer as defined by Section 811.001(9), is eligible to retire |
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regardless of age and receive a standard service retirement annuity |
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in an amount and to be funded as provided by this section. |
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(h) The retirement annuity for a law enforcement officer who |
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becomes eligible for retirement benefits under this section on or |
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after September 1, 2011, shall be in an amount computed by rule of |
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the board of trustees that provides for service credit earned |
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before making contributions to the law enforcement and custodial |
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officer supplemental retirement fund under Section 815.402(h) and |
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service credit earned after the start of contributions under that |
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section. |
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SECTION 4. Section 814.1075, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (j) to read as |
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follows: |
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(b) A member who has at least 20 years of service credit as a |
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law enforcement or custodial officer, including any law enforcement |
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officer as defined by Section 811.001(9), is eligible to retire |
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regardless of age and receive a standard service retirement annuity |
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as provided by this section. |
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(j) The retirement annuity for a law enforcement officer who |
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becomes eligible for retirement benefits under this section on or |
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after September 1, 2011, shall be in an amount computed by rule of |
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the board of trustees that provides for service credit earned |
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before making contributions to the law enforcement and custodial |
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officer supplemental retirement fund under Section 815.402(h) and |
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service credit earned after the start of contributions under that |
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section. |
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SECTION 5. Subchapter B, Chapter 814, Government Code, is |
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amended by adding Section 814.1076 to read as follows: |
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Sec. 814.1076. MANDATORY PARTICIPATION IN LAW ENFORCEMENT |
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AND CUSTODIAL OFFICER SUPPLEMENTAL RETIREMENT FUND. A member who |
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is a law enforcement or custodial officer: |
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(1) shall contribute to the law enforcement and |
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custodial officer supplemental retirement fund as provided by |
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Section 815.402(h); and |
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(2) may retire under Section 814.107 or 814.1075 as |
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applicable and as provided by those sections. |
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SECTION 6. 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, the Board of Pardons and Paroles, the attorney |
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general, [or] the Texas Board of Criminal Justice, or another state |
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office or agency, as applicable, shall certify to the retirement |
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system, in the manner prescribed by the system, the name of the |
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employee and such other information as the system determines is |
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necessary for the crediting of service and financing of benefits |
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under this subtitle. |
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SECTION 7. (a) The attorney general and any other state |
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office or agency that employs a law enforcement officer or |
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custodial officer not participating in the law enforcement and |
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custodial officer supplemental retirement fund before the |
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effective date of this Act shall begin making deductions and |
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collecting the contributions for that fund as provided by Section |
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815.402(h), Government Code, beginning with the first pay period |
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that occurs after December 31, 2011. |
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(b) The board of trustees of the Employees Retirement System |
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of Texas shall adopt rules as soon as possible after the effective |
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date of this Act to implement Sections 814.107 and 814.1075, |
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Government Code, as amended by this Act. |
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SECTION 8. This Act takes effect September 1, 2011. |