| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to benefits available under the Employees Retirement |
|
|
System of Texas for certain retirees who resume membership in the |
|
|
employee class of membership. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 812.201, Government Code, is amended by |
|
|
amending Subsections (a) and (c) and adding Subsections (c-1) and |
|
|
(d) to read as follows: |
|
|
(a) Except as provided by Subsection (c) or (d), a retiree |
|
|
may not rejoin the retirement system as a member of the class from |
|
|
which the person retired. |
|
|
(c) A person who is retired from the elected class of |
|
|
membership and who again holds a position included in that class may |
|
|
elect to become a member again by filing notice with the retirement |
|
|
system. |
|
|
(c-1) Except as provided by Section 812.203(c), when |
|
|
benefit payments are resumed for a person described by Subsection |
|
|
(c) or (d), as applicable, the retirement system shall recompute |
|
|
the annuity selected at the time of the person's original |
|
|
retirement to include the additional service established during |
|
|
membership under Subsection (c) or (d), as applicable [this |
|
|
subsection]. |
|
|
(d) A person who is retired from the employee class of |
|
|
membership and who again holds a position included in that class may |
|
|
elect to become a member again, if: |
|
|
(1) the person has 25 or more years of service credit |
|
|
in the employee class of membership some of which was earned as the |
|
|
head of a state agency; |
|
|
(2) the position the person holds on rejoining the |
|
|
retirement system: |
|
|
(A) requires appointment by the governor, with |
|
|
the advice and consent of the senate; and |
|
|
(B) is provided a salary under the General |
|
|
Appropriations Act; and |
|
|
(3) the person files notice with the retirement |
|
|
system. |
|
|
SECTION 2. Section 812.202(b), Government Code, is amended |
|
|
to read as follows: |
|
|
(b) Unless the retiree resumes membership under Section |
|
|
812.201(d), the [The] payment of benefits to a retiree for service |
|
|
credited in the employee class of membership is not affected by the |
|
|
retiree's taking a position included in the employee class. |
|
|
SECTION 3. Sections 812.203(a) and (c), Government Code, |
|
|
are amended to read as follows: |
|
|
(a) If a retiree takes the oath for a position included in |
|
|
the elected class of membership, the retirement system shall |
|
|
suspend annuity payments to the person for service that was |
|
|
credited in that class, until the person no longer holds that |
|
|
position. If a retiree of the employee class elects to become a |
|
|
member again under Section 812.201(d), the retirement system shall |
|
|
suspend annuity payments to the person for service that was |
|
|
credited in that class, until the person no longer holds that |
|
|
position. |
|
|
(c) If a member who originally retired with service credited |
|
|
at the time of that retirement only in the elected class of |
|
|
membership again retires, the person at the time of subsequent |
|
|
retirement may select an annuity based on service in the elected |
|
|
class as if the person were retiring for the first time. If a member |
|
|
who originally retired with service credited at the time of that |
|
|
retirement only in the employee class of membership again retires, |
|
|
the person at the time of subsequent retirement may select an |
|
|
annuity based on service in the employee class as if the person were |
|
|
retiring for the first time. If the person selects an annuity under |
|
|
Section 814.108(c)(3) or (4) [(c)(4)], the retirement system shall |
|
|
reduce the number of months of guaranteed payment by the number of |
|
|
months for which an annuity was paid under the person's original |
|
|
retirement. |
|
|
SECTION 4. This Act takes effect September 1, 2025. |