| 1 | 1 | | 81R9934 SGA-D |
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| 2 | 2 | | By: Maldonado H.B. No. 1838 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to eligibility for and the establishment of service credit |
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| 8 | 8 | | in the Employees Retirement System of Texas for military service. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 813.302, Government Code, is amended by |
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| 11 | 11 | | amending Subsections (b) and (d) and adding Subsection (f) to read |
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| 12 | 12 | | as follows: |
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| 13 | 13 | | (b) A member eligible to establish military service credit |
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| 14 | 14 | | is one who: |
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| 15 | 15 | | (1) except as provided by Subsection (f), does not |
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| 16 | 16 | | receive and is not eligible to receive federal retirement payments |
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| 17 | 17 | | based on 20 years or more of active federal military duty or its |
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| 18 | 18 | | equivalent; |
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| 19 | 19 | | (2) has been released from military duty under |
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| 20 | 20 | | conditions not dishonorable; and |
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| 21 | 21 | | (3) has credit in the retirement system for membership |
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| 22 | 22 | | service performed after the member's date of release from active |
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| 23 | 23 | | military duty. |
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| 24 | 24 | | (d) Except as provided by Subsection (f), the [The] state |
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| 25 | 25 | | shall contribute for service established under this section an |
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| 26 | 26 | | amount in the same ratio to the member's contribution for the |
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| 27 | 27 | | service as the state's contribution bears to the contribution for |
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| 28 | 28 | | current service required of a member of the employee class at the |
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| 29 | 29 | | time the service is established under this section. The state's |
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| 30 | 30 | | contribution shall be paid from the fund from which the member |
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| 31 | 31 | | receives compensation at the time the service is established or, if |
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| 32 | 32 | | the member does not hold a position at the time the service is |
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| 33 | 33 | | established, from the fund from which the member received |
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| 34 | 34 | | compensation when the member most recently held a position. |
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| 35 | 35 | | (f) A member who receives or is eligible to receive federal |
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| 36 | 36 | | retirement payments based on 20 years or more of active federal |
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| 37 | 37 | | military duty or its equivalent may establish credit under this |
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| 38 | 38 | | section by depositing an amount equal to the sum of the amount |
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| 39 | 39 | | required of a member under Subsection (c) and an amount equal to the |
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| 40 | 40 | | amount that would constitute the state contribution under |
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| 41 | 41 | | Subsection (d) if the state were required to make a contribution. |
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| 42 | 42 | | The state is not required to make a contribution for the |
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| 43 | 43 | | establishment of service credit under this subsection. |
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| 44 | 44 | | SECTION 2. This Act takes effect immediately if it receives |
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| 45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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| 46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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| 48 | 48 | | Act takes effect September 1, 2009. |
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