1 | 1 | | H.B. No. 1979 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to retirement under public retirement systems for |
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6 | 6 | | employees of certain municipalities. |
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7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | SECTION 1. Sections 2(32) and (33), Chapter 451, Acts of the |
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9 | 9 | | 72nd Legislature, Regular Session, 1991 (Article 6243n, Vernon's |
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10 | 10 | | Texas Civil Statutes), are amended to read as follows: |
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11 | 11 | | (32) "Normal retirement age" means: |
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12 | 12 | | (A) age 62; [or] |
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13 | 13 | | (B) 55 years of age with 20 years of creditable |
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14 | 14 | | service; or |
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15 | 15 | | (C) 23 years of creditable service, regardless of |
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16 | 16 | | years of age. |
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17 | 17 | | (33) "Normal retirement date" means the earlier of the |
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18 | 18 | | date a member attains a normal retirement age or the date on which |
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19 | 19 | | the member has completed 23 [25] years of creditable service or a |
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20 | 20 | | lesser number of years of creditable service established by the |
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21 | 21 | | retirement board under Section 10(g) of this Act. |
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22 | 22 | | SECTION 2. Section 9(p), Chapter 451, Acts of the 72nd |
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23 | 23 | | Legislature, Regular Session, 1991 (Article 6243n, Vernon's Texas |
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24 | 24 | | Civil Statutes), is amended to read as follows: |
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25 | 25 | | (p) A member who retires after reaching normal retirement |
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26 | 26 | | age and continues or resumes employment with the employer in a |
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27 | 27 | | position that is required to participate in another retirement |
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28 | 28 | | system is entitled to continue to receive the retirement allowance |
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29 | 29 | | paid under this Act. A retired member who resumes regular full-time |
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30 | 30 | | employment with an employer in a position that is not required to |
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31 | 31 | | participate in another retirement system sponsored by the employer |
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32 | 32 | | automatically resumes membership as an active contributory member, |
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33 | 33 | | and the retirement board shall terminate the person's retirement |
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34 | 34 | | allowance. The retirement allowance of a retired member shall be |
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35 | 35 | | suspended if the member is employed by an employer in a position in |
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36 | 36 | | which the employee is required to participate in the retirement |
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37 | 37 | | system for at least six months of any consecutive 12 calendar months |
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38 | 38 | | and works, is budgeted, or is compensated for more than 29 hours in |
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39 | 39 | | a calendar week. When the person again retires, the retirement |
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40 | 40 | | system shall compute the benefit based on service before and after |
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41 | 41 | | the initial retirement. The resulting benefit is reduced |
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42 | 42 | | actuarially to reflect the value of the benefits received before |
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43 | 43 | | the resumption of full-time employment. |
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44 | 44 | | SECTION 3. 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 October 1, 2009. |
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49 | 49 | | ______________________________ ______________________________ |
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50 | 50 | | President of the Senate Speaker of the House |
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51 | 51 | | I certify that H.B. No. 1979 was passed by the House on April |
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52 | 52 | | 22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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53 | 53 | | voting. |
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54 | 54 | | ______________________________ |
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55 | 55 | | Chief Clerk of the House |
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56 | 56 | | I certify that H.B. No. 1979 was passed by the Senate on May |
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57 | 57 | | 19, 2009, by the following vote: Yeas 30, Nays 0. |
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58 | 58 | | ______________________________ |
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59 | 59 | | Secretary of the Senate |
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60 | 60 | | APPROVED: _____________________ |
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61 | 61 | | Date |
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62 | 62 | | _____________________ |
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63 | 63 | | Governor |
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