82R2846 KFF-D
By: Bonnen H.B. No. 925
A BILL TO BE ENTITLED
AN ACT
relating to credit in the Texas Municipal Retirement System for
certain service as a reserve police officer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter F, Chapter 853,
Government Code, is amended to read as follows:
SUBCHAPTER F. MILITARY AND RESERVE SERVICE
SECTION 2. The heading to Section 853.502, Government Code,
is amended to read as follows:
Sec. 853.502. OTHER MILITARY SERVICE CREDIT AND RESERVE
CREDIT.
SECTION 3. Section 853.502, Government Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) The governing body of a participating municipality by
ordinance may authorize eligible members in its employment to
establish credit in the retirement system for:
(1) active military service performed as a member of
the armed forces or armed forces reserves of the United States or
their auxiliaries, for which service the members do not receive
credit under Section 853.501; or
(2) prior service performed as a volunteer reserve
police officer for any participating municipality.
(c) A member is eligible to establish credit for prior
service performed as a volunteer reserve police officer under
Subsection (a)(2) only if that member is employed as a full-time
police officer for a participating municipality.
SECTION 4. Section 853.503, Government Code, is amended to
read as follows:
Sec. 853.503. CONDITIONS FOR RECEIVING MILITARY SERVICE
CREDIT. No person can receive credit for military service under
this subchapter unless:
(1) the person's military service was terminated by
release from active duty or discharge on terms not dishonorable;
(2) the person does not receive and is not eligible to
receive federal retirement payments based on 20 years or more of
active military service or its equivalent; and
(3) the person does not have and does not receive
credit for the service in any other public retirement system or
program established under laws of this state.
SECTION 5. The heading to Section 853.504, Government Code,
is amended to read as follows:
Sec. 853.504. ESTABLISHMENT OF MILITARY OR RESERVE SERVICE
CREDIT.
SECTION 6. Sections 853.504(b) and (c), Government Code,
are amended to read as follows:
(b) An eligible member seeking military or reserve service
credit under Section 853.502 must file with the retirement system a
written application for the credit, together with satisfactory
evidence of the member's military or reserve service. For purposes
of this section, a transcript issued by the Commission on Law
Enforcement Officer Standards and Education that reflects a
member's service as a reserve police officer for a participating
municipality is considered satisfactory evidence of the member's
reserve service.
(c) No person may obtain credit under this subchapter for
more than 60 months of combined military and reserve service.
SECTION 7. The heading to Section 853.505, Government Code,
is amended to read as follows:
Sec. 853.505. USE OF MILITARY OR RESERVE SERVICE CREDIT.
SECTION 8. Sections 853.505(a) and (b), Government Code,
are amended to read as follows:
(a) The retirement system shall use military or reserve
service credit established under this subchapter in determining
length-of-service requirements for benefits.
(b) Except as provided by Section 853.506, military service
credit allowed under Section 853.501 and reserve service credit
allowed under Section 853.502(a)(2) shall have no monetary value in
calculating the annuity payments allowable to the member and shall
not be used in other computations, including computation of updated
service credits or prior service credits.
SECTION 9. Section 341.012(h), Local Government Code, is
amended to read as follows:
(h) Reserve police officers may act only in a supplementary
capacity to the regular police force and may not assume the
full-time duties of regular police officers without complying with
the requirements for regular police officers. On approval of the
appointment of a member who is a peace officer as described by
Article 2.12, Code of Criminal Procedure, the chief of police may
authorize the person appointed to carry a weapon or act as a peace
officer at all times, regardless of whether the person is engaged in
the actual discharge of official duties, or may limit the authority
of the person to carry a weapon or act as a peace officer to only
those times during which the person is engaged in the actual
discharge of official duties. A reserve police officer, regardless
of whether the reserve police officer is a peace officer as
described by Article 2.12, Code of Criminal Procedure, is not:
(1) except as provided by Subchapter F, Chapter 853,
Government Code, eligible for participation in any program provided
by the governing body that is normally considered a financial
benefit of full-time employment or for any pension fund created by
statute for the benefit of full-time paid peace officers; or
(2) exempt from Chapter 1702, Occupations Code.
SECTION 10. This Act takes effect September 1, 2011.