Texas 2009 - 81st Regular

Texas House Bill HB1934 Compare Versions

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1	1	81R20955 TJS-F
2	2	By: Naishtat H.B. No. 1934
3	3	Substitute the following for H.B. No. 1934:
4	4	By: Veasey C.S.H.B. No. 1934
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the powers of certain hospital districts and to the
10	10	retirement benefits of employees of the districts and related
11	11	entities.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 803.203, Government Code, is amended by
14	14	amending Subsections (a), (c), and (e) and adding Subsection (h) to
15	15	read as follows:
16	16	(a) Except as provided by Subsection (g), a person who is a
17	17	member of a retirement system participating in the program provided
18	18	by this chapter may reestablish service credit, including prior
19	19	service credit if applicable, previously canceled in another
20	20	retirement system that is participating in the program provided by
21	21	this chapter if the person:
22	22	(1) is not a current member of the system under which
23	23	the service was performed; [or]
24	24	(2) in the case of the Texas County and District
25	25	Retirement System, does not have an open account with the
26	26	subdivision for which the person performed the service for which
27	27	the credit is sought; or
28	28	(3) in the case of an employee to whom Section 803.204
29	29	applies, does not have an open account with the employing hospital
30	30	district, charitable organization, or administrative agency, as
31	31	applicable, for which the person performed the service for which
32	32	the credit is sought.
33	33	(c) Except as provided by Subsection (f), the retirement
34	34	system in which the service credit was originally credited shall
35	35	grant the service credit after receiving an application and a
36	36	certification required by Subsection (b) and:
37	37	(1) to reestablish service credit other than in the
38	38	Texas County and District Retirement System, [or] the Texas
39	39	Municipal Retirement System, or the retirement system in which a
40	40	hospital district, charitable organization, or administrative
41	41	agency described by Section 803.204 participates, a contribution in
42	42	the amount generally required to reestablish service credit in the
43	43	system, including any applicable interest and membership fees;
44	44	(2) to reestablish service credit in the Texas County
45	45	and District Retirement System, [or] the Texas Municipal Retirement
46	46	System, or the retirement system in which a hospital district,
47	47	charitable organization, or administrative agency described by
48	48	Section 803.204 participates, a statement that the applicant does
49	49	not wish to make a contribution for the service credit; or
50	50	(3) at the applicant's option, to reestablish current
51	51	service credit in the Texas County and District Retirement System,
52	52	the actuarial present value of the additional standard service
53	53	benefits that would be attributable to the credit based on rates and
54	54	tables recommended by the actuary and adopted by the board of
55	55	trustees of the system.
56	56	(e) Service credit [reestablished] in the Texas County and
57	57	District Retirement System, [or] the Texas Municipal Retirement
58	58	System, or the retirement system in which a hospital district,
59	59	charitable organization, or administrative agency described by
60	60	Section 803.204 participates that is reestablished under
61	61	Subsection (c)(2) may be used only to meet eligibility requirements
62	62	for benefits. Service credit reestablished in the Texas County and
63	63	District Retirement System or the Texas Municipal Retirement System
64	64	[either system] under Subsection (c)(3) or (d) has the same value as
65	65	service credit performed for the particular subdivision or
66	66	municipality at the time of deposit. The credit is creditable to
67	67	the member's and employer's accounts in each subdivision or
68	68	municipality for which the service was performed.
69	69	(h) This section applies to an employee described by Section
70	70	803.204 on the date the federal government establishes as the
71	71	effective date of the transfer of federally qualified health center
72	72	status from a municipality described by Section 803.0021(1) to a
73	73	hospital district, charitable organization, or administrative
74	74	agency described by Section 803.204.
75	75	SECTION 2. Section 803.204, Government Code, is amended by
76	76	amending Subsection (a) and adding Subsection (d) to read as
77	77	follows:
78	78	(a) This section applies only to an employee who:
79	79	(1) is a member of a municipal retirement system
80	80	described by Section 803.0021(1);
81	81	(2) is employed by a hospital district, a charitable
82	82	organization supervised, overseen, and effectively controlled
83	83	[created] by the hospital district, or an administrative agency
84	84	created under Section 791.013, either before or after being
85	85	employed by the employing municipality located in the same county
86	86	as the hospital district, charitable organization, or
87	87	administrative agency; and
88	88	(3) participates in a public retirement system:
89	89	(A) that is determined to be a qualified plan
90	90	under Section 401(a), Internal Revenue Code of 1986 (26 U.S.C.
91	91	Section 401(a)), of a hospital district, charitable organization,
92	92	or administrative agency that is determined to be a governmental
93	93	unit, or an agency or an instrumentality of a governmental unit; and
94	94	(B) that records and reports service credit as
95	95	defined by Section 803.001.
96	96	(d) For purposes of this section, a charitable organization
97	97	supervised, overseen, and effectively controlled by a hospital
98	98	district or an administrative agency created under Section 791.013
99	99	is an agency or instrumentality of a governmental unit.
100	100	SECTION 3. Section 61.056, Health and Safety Code, is
101	101	amended by adding Subsection (d) to read as follows:
102	102	(d) A hospital district created in a county with a
103	103	population of more than 800,000 that was not included in the
104	104	boundaries of a hospital district before September 1, 2003, may
105	105	provide or arrange to provide health care services for eligible
106	106	residents through the purchase of health coverage or other health
107	107	benefits, including benefits described by Chapter 75. For purposes
108	108	of this subsection, the board of managers of the district has the
109	109	powers and duties provided to the commissioners court of a county
110	110	under Chapter 75.
111	111	SECTION 4. This Act takes effect immediately if it receives
112	112	a vote of two-thirds of all the members elected to each house, as
113	113	provided by Section 39, Article III, Texas Constitution. If this
114	114	Act does not receive the vote necessary for immediate effect, this
115	115	Act takes effect September 1, 2009.