Texas 2009 - 81st Regular

Texas Senate Bill SB1063 Compare Versions

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1	1	81R4815 TJS-F
2	2	By: Watson S.B. No. 1063
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the powers of certain hospital districts and to the
8	8	retirement benefits of employees of the districts and related
9	9	entities.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 803.203, Government Code, is amended by
12	12	amending Subsections (a), (c), and (e) and adding Subsection (h) to
13	13	read as follows:
14	14	(a) Except as provided by Subsection (g), a person who is a
15	15	member of a retirement system participating in the program provided
16	16	by this chapter may reestablish service credit, including prior
17	17	service credit if applicable, previously canceled in another
18	18	retirement system that is participating in the program provided by
19	19	this chapter if the person:
20	20	(1) is not a current member of the system under which
21	21	the service was performed; [or]
22	22	(2) in the case of the Texas County and District
23	23	Retirement System, does not have an open account with the
24	24	subdivision for which the person performed the service for which
25	25	the credit is sought; or
26	26	(3) in the case of an employee to whom Section 803.204
27	27	applies, does not have an open account with the employing hospital
28	28	district, charitable organization, or administrative agency, as
29	29	applicable, for which the person performed the service for which
30	30	the credit is sought.
31	31	(c) Except as provided by Subsection (f), the retirement
32	32	system in which the service credit was originally credited shall
33	33	grant the service credit after receiving an application and a
34	34	certification required by Subsection (b) and:
35	35	(1) to reestablish service credit other than in the
36	36	Texas County and District Retirement System, [or] the Texas
37	37	Municipal Retirement System, or the retirement system in which a
38	38	hospital district, charitable organization, or administrative
39	39	agency described by Section 803.204 participates, a contribution in
40	40	the amount generally required to reestablish service credit in the
41	41	system, including any applicable interest and membership fees;
42	42	(2) to reestablish service credit in the Texas County
43	43	and District Retirement System, [or] the Texas Municipal Retirement
44	44	System, or the retirement system in which a hospital district,
45	45	charitable organization, or administrative agency described by
46	46	Section 803.204 participates, a statement that the applicant does
47	47	not wish to make a contribution for the service credit; or
48	48	(3) at the applicant's option, to reestablish current
49	49	service credit in the Texas County and District Retirement System,
50	50	the actuarial present value of the additional standard service
51	51	benefits that would be attributable to the credit based on rates and
52	52	tables recommended by the actuary and adopted by the board of
53	53	trustees of the system.
54	54	(e) Service credit [reestablished] in the Texas County and
55	55	District Retirement System, [or] the Texas Municipal Retirement
56	56	System, or the retirement system in which a hospital district,
57	57	charitable organization, or administrative agency described by
58	58	Section 803.204 participates that is reestablished under
59	59	Subsection (c)(2) may be used only to meet eligibility requirements
60	60	for benefits. Service credit reestablished in the Texas County and
61	61	District Retirement System or the Texas Municipal Retirement System
62	62	[either system] under Subsection (c)(3) or (d) has the same value as
63	63	service credit performed for the particular subdivision or
64	64	municipality at the time of deposit. The credit is creditable to
65	65	the member's and employer's accounts in each subdivision or
66	66	municipality for which the service was performed.
67	67	(h) This section applies to an employee described by Section
68	68	803.204 on the date the federal government establishes as the
69	69	effective date of the transfer of federally qualified health center
70	70	status from a municipality described by Section 803.0021(1) to a
71	71	hospital district, charitable organization, or administrative
72	72	agency described by Section 803.204.
73	73	SECTION 2. Section 803.204, Government Code, is amended by
74	74	adding Subsection (d) to read as follows:
75	75	(d) For purposes of this section, a charitable organization
76	76	created by a hospital district or an administrative agency created
77	77	under Section 791.013 is an agency or instrumentality of a
78	78	governmental unit.
79	79	SECTION 3. Section 61.056, Health and Safety Code, is
80	80	amended by adding Subsection (d) to read as follows:
81	81	(d) A hospital district created in a county with a
82	82	population of more than 800,000 that was not included in the
83	83	boundaries of a hospital district before September 1, 2003, may
84	84	provide health care services for eligible residents through the
85	85	purchase of health coverage or other health benefits, including
86	86	benefits described by Chapter 75. For purposes of this subsection,
87	87	the board of managers of the district has the powers and duties
88	88	provided to the commissioners court of a county under Chapter 75.
89	89	SECTION 4. This Act takes effect immediately if it receives
90	90	a vote of two-thirds of all the members elected to each house, as
91	91	provided by Section 39, Article III, Texas Constitution. If this
92	92	Act does not receive the vote necessary for immediate effect, this
93	93	Act takes effect September 1, 2009.