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A BILL TO BE ENTITLED
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AN ACT
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relating to the number of hours certain employees must work to be |
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eligible to participate in 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 851.001(8), Government Code, is amended |
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to read as follows: |
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(8) "Employee" means a person, including a person |
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serving a period of probationary employment, who receives |
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compensation from and is certified by a municipality as being |
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regularly engaged in the performance of duties of: |
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(A) an appointive office or position that |
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normally requires services from the person for not less than 1,000 |
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hours a year or the number of hours required by an ordinance adopted |
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under Section 851.0011; or |
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(B) an elective office that normally requires |
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services from the person for not less than 1,000 hours a year, in a |
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municipality that began participating in the retirement system |
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after December 31, 1981, or that has adopted a membership |
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requirement under Section 852.107. |
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SECTION 2. Subchapter A, Chapter 851, Government Code, is |
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amended by adding Section 851.0011 to read as follows: |
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Sec. 851.0011. OPTIONAL ALTERNATIVE DEFINITION OF |
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EMPLOYEE. (a) The governing body of a participating municipality |
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by ordinance may adopt an alternative definition of "employee" for |
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purposes of this subtitle only to the extent that the alternative |
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definition increases the number of hours a person in an appointive |
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office or position, other than a person employed by the |
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municipality in any position in the municipal police or fire |
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department, is normally required to serve under Section |
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851.001(8)(A) from not less than 1,000 hours a year to not less than |
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1,500 hours a year. |
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(b) An ordinance under this section: |
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(1) subject to Subsection (c), must designate an |
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effective date of the ordinance; and |
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(2) may apply only to an employee of the participating |
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municipality who is hired on or after the effective date of the |
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ordinance. |
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(c) The earliest permissible effective date of an ordinance |
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under this section is the first day of the next month following the |
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first full calendar month following the date the participating |
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municipality provides notice and a copy of the ordinance to the |
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retirement system. |
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(d) The board of trustees may adopt rules limiting the |
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frequency with which participating municipalities may adopt |
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alternative definitions of "employee" through: |
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(1) adoption of an ordinance under Subsection (a); or |
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(2) modification or repeal of an ordinance adopted |
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under Subsection (a). |
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SECTION 3. Nothing in this Act is intended to change the law |
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with respect to the ability of a retiree to receive a retirement |
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annuity after resuming employment with the same or a different |
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municipality that participates in the Texas Municipal Retirement |
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System. |
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SECTION 4. This Act takes effect September 1, 2013. |