By: Geren, Rose, Callegari, Gattis, H.B. No. 3634
Ortiz, Jr., et al.
A BILL TO BE ENTITLED
AN ACT
relating to creditable service in the Employees Retirement System
of Texas and the transfer of that credit between classes of
membership for certain state employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 813.201, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) A person who is a member or retiree of the elected class
who served in the house of representatives of this state and who
holds a position as an employee of the house of representatives may
accrue service credit for that position only if the person is a
full-time employee. For purposes of this section, "full-time
employee" means an employee designated by the house of
representatives of this state as working 40 or more hours a week.
SECTION 2. Section 813.503, Government Code, is amended by
amending Subsection (a) and adding Subsection (e) to read as
follows:
(a) A member may establish in, or have transferred to, the
employee class all service credited in the elected class, if the
contributions made to establish the service in the elected class
equal or exceed contributions required of a member of the employee
class for the same amount of service during the same time and at the
same rate of compensation. Subject to the requirements of
Subsection (e), a [A] member or retiree who has, or had at the time
of retirement, at least eight years of service credit in the elected
class of membership, exclusive of military service, may transfer
service credit between classes before or after retirement.
(e) A person who is a member or retiree of the elected class
who served in the house of representatives of this state may
transfer service credit between the employee class and the elected
class only if with respect to service credited in the employee class
the person provides documentation that the person performed the
service:
(1) as a full-time employee as that term is defined by
Section 1551.003, Insurance Code; or
(2) as an employee designated by the house of
representatives as an employee working 40 or more hours a week.
SECTION 3. Section 813.201(d), Government Code, as added by
this Act, applies only to service credit accrued by a member of the
Employees Retirement System of Texas for service performed on or
after the effective date of this Act. Service credit accrued for
service performed before the effective date of this Act is governed
by the law in effect immediately before the effective date of this
Act, and that law is continued in effect for that purpose.
SECTION 4. Section 813.503(e), Government Code, as added by
this Act, applies only to a transfer of service credit under Section
813.503, as amended by this Act, by a member of the Employees
Retirement System of Texas on or after the effective date of this
Act. A transfer that occurs before the effective date of this Act
is governed by the law in effect immediately before the effective
date of this Act, and that law is continued in effect for that
purpose.
SECTION 5. 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 September 1, 2009.