By: Rodriguez (Senate Sponsor - Watson) H.B. No. 1979
(In the Senate - Received from the House April 23, 2009;
May 1, 2009, read first time and referred to Committee on State
Affairs; May 11, 2009, reported favorably by the following vote:
Yeas 9, Nays 0; May 11, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to retirement under public retirement systems for
employees of certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 2(32) and (33), Chapter 451, Acts of the
72nd Legislature, Regular Session, 1991 (Article 6243n, Vernon's
Texas Civil Statutes), are amended to read as follows:
(32) "Normal retirement age" means:
(A) age 62; [or]
(B) 55 years of age with 20 years of creditable
service; or
(C) 23 years of creditable service, regardless of
years of age.
(33) "Normal retirement date" means the earlier of the
date a member attains a normal retirement age or the date on which
the member has completed 23 [25] years of creditable service or a
lesser number of years of creditable service established by the
retirement board under Section 10(g) of this Act.
SECTION 2. Section 9(p), Chapter 451, Acts of the 72nd
Legislature, Regular Session, 1991 (Article 6243n, Vernon's Texas
Civil Statutes), is amended to read as follows:
(p) A member who retires after reaching normal retirement
age and continues or resumes employment with the employer in a
position that is required to participate in another retirement
system is entitled to continue to receive the retirement allowance
paid under this Act. A retired member who resumes regular full-time
employment with an employer in a position that is not required to
participate in another retirement system sponsored by the employer
automatically resumes membership as an active contributory member,
and the retirement board shall terminate the person's retirement
allowance. The retirement allowance of a retired member shall be
suspended if the member is employed by an employer in a position in
which the employee is required to participate in the retirement
system for at least six months of any consecutive 12 calendar months
and works, is budgeted, or is compensated for more than 29 hours in
a calendar week. When the person again retires, the retirement
system shall compute the benefit based on service before and after
the initial retirement. The resulting benefit is reduced
actuarially to reflect the value of the benefits received before
the resumption of full-time employment.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect October 1, 2009.
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