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A BILL TO BE ENTITLED
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AN ACT
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relating to the Employees Retirement System of Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.1402(a), Government Code, is amended |
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to read as follows: |
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Sec. 411.1402. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: EMPLOYEES RETIREMENT SYSTEM OF TEXAS. (a) The |
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Employees Retirement System of Texas is entitled to obtain from the |
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department, the Federal Bureau of Investigation Criminal Justice |
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Information Services Division, or another law enforcement agency |
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criminal history record information maintained by the department, |
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division, or agency that relates to a person who is: |
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(1) an applicant for employment with, or who is or has |
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been employed by, the retirement system; |
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(2) a consultant, contract employee, independent |
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contractor, intern, or volunteer for the retirement system or an |
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applicant to serve in one of those positions; or |
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(3) a candidate for appointment or election to the |
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board of trustees of the retirement system or an advisory committee |
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to that board. |
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SECTION 2. Section 812.003(b), Government Code, is amended |
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to read as follows: |
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(b) An office or employment that is included in the coverage |
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of the Teacher Retirement System of Texas, the Judicial Retirement |
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System of Texas Plan One, [or] the Judicial Retirement System of |
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Texas Plan Two, or is with a university system or institution of |
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higher education, as defined by Section 61.003, Education Code, is |
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not a position with a department, commission, board, agency, or |
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institution of the state for purposes of this subtitle. |
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SECTION 3. Section 813.302(b), Government Code, is amended |
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to read as follows: |
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(b) A member eligible to establish military service credit |
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is one who: |
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(1) does not receive and is not eligible to receive |
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federal retirement payments based on 20 years or more of active |
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federal military duty [or its equivalent]; |
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(2) has been released from military duty under |
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conditions not dishonorable; and |
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(3) has credit in the retirement system for membership |
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service performed after the member's date of release from active |
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military duty. |
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SECTION 4. Section 814.1081(a), Government Code, is amended |
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to read as follows: |
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Sec. 814.1081. CHANGE IN ANNUITY SELECTION. (a) A person |
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who retired and selected an optional service retirement annuity |
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described by Section 814.108(c)(1), (c)(2), or (c)(5) may change |
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the optional annuity selection to the selection of a standard |
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service retirement annuity by filing with the retirement system a |
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request to change the annuity selection, if the retiree designated |
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a person as beneficiary who: |
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(1) was not at the time of designation and is not |
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currently the retiree's spouse or dependent child; or
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(2) has executed since the designation a written, |
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notarized instrument that releases the retirement system from any |
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claim by the beneficiary to the annuity and that transfers all |
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transfer and release, approved by a court of competent jurisdiction
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pursuant to a divorce decree, of the beneficiary's interest in the |
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annuity to the retiree, and is not currently the retiree's spouse or |
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dependent child; or |
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(3) was ordered by a court of competent jurisdiction |
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pursuant to a divorce decree to change the annuity selection to a |
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standard service retirement annuity. |
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SECTION 5. Section 838.103(b), Government Code, is amended |
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to read as follows: |
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(b) A member eligible to establish military service credit |
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is one who: |
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(1) has at least eight years of service credit in the |
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retirement system; |
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(2) does not receive and is not eligible to receive |
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federal retirement payments based on 20 years or more of active |
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federal military duty [or its equivalent]; and |
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(3) has been released from military duty under |
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conditions not dishonorable. |
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SECTION 6. Section 1551.104(b), Insurance Code, is amended |
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to read as follows: |
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(b) In this section, "child" includes: |
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(1) a natural child, adopted child, stepchild, or |
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foster child, or child in the possession of a person designated |
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managing conservator in an irrevocable or unrevoked affidavit of |
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relinquishment under Chapter 161, Family Code; or |
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(2) a child who is related by blood or marriage and was |
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claimed as a dependent on the federal income tax return of an |
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individual who is eligible to participate in the group benefits |
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program under Section 1551.101 or 1551.102 for the calendar year |
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preceding the plan year in which the child is first enrolled as a |
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dependent under Subchapter D, and for each subsequent year in which |
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the child is enrolled as a dependent. |
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SECTION 7. Sections 1551.1055(a) and (b), Insurance Code, |
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are amended to read as follows: |
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Sec. 1551.1055. DATE ELIGIBILITY BEGINS; WAITING PERIOD. |
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(a) Except as provided by Subsection (c) or (d), eligibility under |
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Section 1551.101 begins not later than [on the first day of the
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calendar month that begins after] the 90th day after the date the |
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employee performs services for a state agency or is qualified for |
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and begins to hold elected or appointed office. |
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(b) Except as provided by Subsection (c), eligibility under |
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Section 1551.102, for an individual who does not retire at the end |
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of the last month for which the individual is on the payroll of a |
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state agency before retirement, begins not later than the [on the
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first day of the calendar month that begins after] 90th day after |
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the date the individual retires. |
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SECTION 8. Section 1551.158(a), Insurance Code, is amended |
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to read as follows: |
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(a) A dependent child who is unmarried and whose coverage |
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under this chapter ends when the child becomes 26 [25] years of age |
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may, on expiration of continuation coverage under the Consolidated |
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Omnibus Budget Reconciliation Act of 1985 (Pub. L. No. 99-272), |
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reinstate health benefit plan coverage under this chapter if the |
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child, or the child's participating parent, pays the full cost of |
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the health benefit plan coverage. |
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SECTION 9. The following sections are repealed: |
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(1) Sections 840.401, Government Code; and |
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(2) Sections 1551.321, Insurance Code. |
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SECTION 10. This Act takes effect on September 1, 2013. |