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A BILL TO BE ENTITLED
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AN ACT
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relating to terminating participation in the Texas Emergency |
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Services Retirement System. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 862.001, Government Code, is amended to |
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read as follows: |
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Sec. 862.001. PARTICIPATION BY DEPARTMENT. (a) The |
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governing body of a department that performs emergency services |
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may, in the manner provided for taking official action by the body, |
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elect to participate in the pension system. A governing body shall |
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notify the executive director as soon as practicable of an election |
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made under this subsection. [Except as provided by Subsection (b),
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an election to participate under this subsection is irrevocable.] |
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(b) Except as provided by Subsection (c), the [The] |
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governing body of a department that makes an election under |
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Subsection (a) may not terminate participation in the pension |
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system [not later than the fifth anniversary of the date of the
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election to participate, except that a department that begins
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participation after September 1, 2005, may not terminate that
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participation]. |
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(c) The governing body of a department that makes an |
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election under Subsection (a) may terminate participation in the |
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pension system if: |
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(1) the department consists of both volunteer |
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firefighters and at least six full-time firefighters; |
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(2) the full-time firefighters described by |
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Subdivision (1) are employees of a home-rule municipality: |
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(A) governed by the same governing body; and |
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(B) of which the department is a part; and |
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(3) the governing body elects to provide retirement |
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benefits to the volunteer firefighters described by Subdivision (1) |
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through participation in an alternative retirement system. |
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(d) If a governing body of a department elects to terminate |
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participation in the pension system under Subsection (c), the |
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department forfeits all contributions to the system necessary to |
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pay the benefits of vested members. |
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(e) The state board may adopt rules necessary to implement |
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this section. |
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SECTION 2. This Act takes effect September 1, 2019. |