82R5692 SGA-D
By: Lozano H.B. No. 950
A BILL TO BE ENTITLED
AN ACT
relating to eligibility for and the establishment of service credit
in the Employees Retirement System of Texas for military service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 813.302, Government Code, is amended by
amending Subsections (b) and (d) and adding Subsection (f) to read
as follows:
(b) A member eligible to establish military service credit
is one who:
(1) except as provided by Subsection (f), does not
receive and is not eligible to receive federal retirement payments
based on 20 years or more of active federal military duty or its
equivalent;
(2) has been released from military duty under
conditions not dishonorable; and
(3) has credit in the retirement system for membership
service performed after the member's date of release from active
military duty.
(d) Except as provided by Subsection (f), the [The] state
shall contribute for service established under this section an
amount in the same ratio to the member's contribution for the
service as the state's contribution bears to the contribution for
current service required of a member of the employee class at the
time the service is established under this section. The state's
contribution shall be paid from the fund from which the member
receives compensation at the time the service is established or, if
the member does not hold a position at the time the service is
established, from the fund from which the member received
compensation when the member most recently held a position.
(f) A member who receives or is eligible to receive federal
retirement payments based on 20 years or more of active federal
military duty or its equivalent may establish credit under this
section by depositing an amount equal to the sum of the amount
required of a member under Subsection (c) and an amount equal to the
amount that would constitute the state contribution under
Subsection (d) if the state were required to make a contribution.
The state is not required to make a contribution for the
establishment of service credit under this subsection.
SECTION 2. 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, 2011.