82R11359 TJS-D
By: Lucio S.B. No. 1801
A BILL TO BE ENTITLED
AN ACT
relating to benefits from the Employees Retirement System of Texas
for certain peace officers and custodial officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 811.001(9), Government Code, is amended
to read as follows:
(9) "Law enforcement officer" means a member of the
retirement system who:
(A) has been commissioned as a law enforcement
officer by the Department of Public Safety, the Texas Alcoholic
Beverage Commission, the Parks and Wildlife Department, [or] the
office of inspector general at the Texas Youth Commission, the
attorney general, or any other state office or agency; and
(B) is recognized as a commissioned law
enforcement officer by the Commission on Law Enforcement Officer
Standards and Education.
SECTION 2. Section 814.104(b), Government Code, is amended
to read as follows:
(b) A member who is at least 55 years old and who has at
least 10 years of service credit as a commissioned peace officer
engaged in criminal law enforcement activities of the Department of
Public Safety, the Texas Alcoholic Beverage Commission, the Parks
and Wildlife Department, [or] the office of inspector general at
the Texas Youth Commission, the attorney general, or another state
office or agency, or as a custodial officer, is eligible to retire
and receive a service retirement annuity.
SECTION 3. Section 814.107, Government Code, is amended by
amending Subsection (a) and adding Subsection (h) to read as
follows:
(a) A member who has at least 20 years of service credit as a
law enforcement or custodial officer, including any law enforcement
officer as defined by Section 811.001(9), is eligible to retire
regardless of age and receive a standard service retirement annuity
in an amount and to be funded as provided by this section.
(h) The retirement annuity for a law enforcement officer who
becomes eligible for retirement benefits under this section on or
after September 1, 2011, shall be in an amount computed by rule of
the board of trustees that provides for service credit earned
before making contributions to the law enforcement and custodial
officer supplemental retirement fund under Section 815.402(h) and
service credit earned after the start of contributions under that
section.
SECTION 4. Section 814.1075, Government Code, is amended by
amending Subsection (b) and adding Subsection (j) to read as
follows:
(b) A member who has at least 20 years of service credit as a
law enforcement or custodial officer, including any law enforcement
officer as defined by Section 811.001(9), is eligible to retire
regardless of age and receive a standard service retirement annuity
as provided by this section.
(j) The retirement annuity for a law enforcement officer who
becomes eligible for retirement benefits under this section on or
after September 1, 2011, shall be in an amount computed by rule of
the board of trustees that provides for service credit earned
before making contributions to the law enforcement and custodial
officer supplemental retirement fund under Section 815.402(h) and
service credit earned after the start of contributions under that
section.
SECTION 5. Subchapter B, Chapter 814, Government Code, is
amended by adding Section 814.1076 to read as follows:
Sec. 814.1076. MANDATORY PARTICIPATION IN LAW ENFORCEMENT
AND CUSTODIAL OFFICER SUPPLEMENTAL RETIREMENT FUND. A member who
is a law enforcement or custodial officer:
(1) shall contribute to the law enforcement and
custodial officer supplemental retirement fund as provided by
Section 815.402(h); and
(2) may retire under Section 814.107 or 814.1075 as
applicable and as provided by those sections.
SECTION 6. Section 815.505, Government Code, is amended to
read as follows:
Sec. 815.505. CERTIFICATION OF NAMES OF LAW ENFORCEMENT AND
CUSTODIAL OFFICERS. Not later than the 12th day of the month
following the month in which a person begins or ceases employment as
a law enforcement officer or custodial officer, the Public Safety
Commission, the Texas Alcoholic Beverage Commission, the Parks and
Wildlife Commission, the office of inspector general at the Texas
Youth Commission, the Board of Pardons and Paroles, the attorney
general, [or] the Texas Board of Criminal Justice, or another state
office or agency, as applicable, shall certify to the retirement
system, in the manner prescribed by the system, the name of the
employee and such other information as the system determines is
necessary for the crediting of service and financing of benefits
under this subtitle.
SECTION 7. (a) The attorney general and any other state
office or agency that employs a law enforcement officer or
custodial officer not participating in the law enforcement and
custodial officer supplemental retirement fund before the
effective date of this Act shall begin making deductions and
collecting the contributions for that fund as provided by Section
815.402(h), Government Code, beginning with the first pay period
that occurs after December 31, 2011.
(b) The board of trustees of the Employees Retirement System
of Texas shall adopt rules as soon as possible after the effective
date of this Act to implement Sections 814.107 and 814.1075,
Government Code, as amended by this Act.
SECTION 8. This Act takes effect September 1, 2011.