| 1 | 1 | | By: Geren, et al. (Senate Sponsor - Van de Putte) H.B. No. 3634 |
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| 2 | 2 | | (In the Senate - Received from the House May 12, 2009; |
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| 3 | 3 | | May 13, 2009, read first time and referred to Committee on State |
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| 4 | 4 | | Affairs; May 21, 2009, reported favorably by the following vote: |
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| 5 | 5 | | Yeas 8, Nays 0; May 21, 2009, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to creditable service in the Employees Retirement System |
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| 11 | 11 | | of Texas and the transfer of that credit between classes of |
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| 12 | 12 | | membership for certain state employees. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Section 813.201, Government Code, is amended by |
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| 15 | 15 | | adding Subsection (d) to read as follows: |
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| 16 | 16 | | (d) A person who is a member or retiree of the elected class |
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| 17 | 17 | | who served in the house of representatives of this state and who |
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| 18 | 18 | | holds a position as an employee of the house of representatives may |
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| 19 | 19 | | accrue service credit for that position only if the person is a |
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| 20 | 20 | | full-time employee. For purposes of this section, "full-time |
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| 21 | 21 | | employee" means an employee designated by the house of |
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| 22 | 22 | | representatives of this state as working 40 or more hours a week. |
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| 23 | 23 | | SECTION 2. Section 813.503, Government Code, is amended by |
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| 24 | 24 | | amending Subsection (a) and adding Subsection (e) to read as |
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| 25 | 25 | | follows: |
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| 26 | 26 | | (a) A member may establish in, or have transferred to, the |
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| 27 | 27 | | employee class all service credited in the elected class, if the |
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| 28 | 28 | | contributions made to establish the service in the elected class |
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| 29 | 29 | | equal or exceed contributions required of a member of the employee |
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| 30 | 30 | | class for the same amount of service during the same time and at the |
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| 31 | 31 | | same rate of compensation. Subject to the requirements of |
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| 32 | 32 | | Subsection (e), a [A] member or retiree who has, or had at the time |
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| 33 | 33 | | of retirement, at least eight years of service credit in the elected |
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| 34 | 34 | | class of membership, exclusive of military service, may transfer |
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| 35 | 35 | | service credit between classes before or after retirement. |
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| 36 | 36 | | (e) A person who is a member or retiree of the elected class |
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| 37 | 37 | | who served in the house of representatives of this state may |
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| 38 | 38 | | transfer service credit between the employee class and the elected |
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| 39 | 39 | | class only if with respect to service credited in the employee class |
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| 40 | 40 | | the person provides documentation that the person performed the |
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| 41 | 41 | | service: |
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| 42 | 42 | | (1) as a full-time employee as that term is defined by |
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| 43 | 43 | | Section 1551.003, Insurance Code; or |
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| 44 | 44 | | (2) as an employee designated by the house of |
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| 45 | 45 | | representatives as an employee working 40 or more hours a week. |
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| 46 | 46 | | SECTION 3. Section 813.201(d), Government Code, as added by |
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| 47 | 47 | | this Act, applies only to service credit accrued by a member of the |
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| 48 | 48 | | Employees Retirement System of Texas for service performed on or |
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| 49 | 49 | | after the effective date of this Act. Service credit accrued for |
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| 50 | 50 | | service performed before the effective date of this Act is governed |
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| 51 | 51 | | by the law in effect immediately before the effective date of this |
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| 52 | 52 | | Act, and that law is continued in effect for that purpose. |
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| 53 | 53 | | SECTION 4. Section 813.503(e), Government Code, as added by |
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| 54 | 54 | | this Act, applies only to a transfer of service credit under Section |
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| 55 | 55 | | 813.503, as amended by this Act, by a member of the Employees |
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| 56 | 56 | | Retirement System of Texas on or after the effective date of this |
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| 57 | 57 | | Act. A transfer that occurs before the effective date of this Act |
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| 58 | 58 | | is governed by the law in effect immediately before the effective |
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| 59 | 59 | | date of this Act, and that law is continued in effect for that |
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| 60 | 60 | | purpose. |
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| 61 | 61 | | SECTION 5. This Act takes effect immediately if it receives |
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| 62 | 62 | | a vote of two-thirds of all the members elected to each house, as |
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| 63 | 63 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 64 | 64 | | Act does not receive the vote necessary for immediate effect, this |
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| 65 | 65 | | Act takes effect September 1, 2009. |
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| 66 | 66 | | * * * * * |
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