83R2890 KFF-D
By: Turner of Tarrant H.B. No. 413
A BILL TO BE ENTITLED
AN ACT
relating to the retirement benefits for elected state officials.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 814.104, Government Code, is amended by
amending Subsections (a) and (d) and adding Subsection (e) to read
as follows:
(a) Except as provided by Subsections [Subsection] (d) and
(e) of this section, Section 814.102, or by rule adopted under
Section 813.304(d) or 803.202(a)(2), a member who has service
credit in the retirement system is eligible to retire and receive a
service retirement annuity if the member:
(1) is at least 60 years old and has at least 5 years of
service credit in the employee class; or
(2) has at least 5 years of service credit in the
employee class and the sum of the member's age and amount of service
credit in the employee class, including months of age and credit,
equals or exceeds the number 80.
(d) Except as provided by Subsection (e) of this section,
Section 814.102, or by rule adopted under Section 813.304(d) or
803.202(a)(2), a member who was not a member on the date hired, was
hired on or after September 1, 2009, and has service credit in the
retirement system is eligible to retire and receive a service
retirement annuity if the member:
(1) is at least 65 years old and has at least 10 years
of service credit in the employee class; or
(2) has at least 10 years of service credit in the
employee class and the sum of the member's age and amount of service
credit in the employee class, including months of age and credit,
equals or exceeds the number 80.
(e) A member who takes the oath of office for a position
included in the elected class of membership is not eligible to
retire and receive a service retirement annuity under this section
that is based on service credit transferred to the employee class
from the elected class under Section 813.503 until the member no
longer holds that position. This provision does not prohibit a
member from retiring and receiving a service retirement annuity
under this section that is based on service credit earned in a
position included in the employee class of membership under Section
812.003.
SECTION 2. Section 813.503, Government Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Subject to Subsection (a-1), a [A] member may establish
in, or have transferred to, the employee class all service credited
in the elected class, if the contributions made to establish the
service in the elected class equal or exceed contributions required
of a member of the employee class for the same amount of service
during the same time and at the same rate of compensation. Subject
to Subsection (a-1), a [A] member or retiree who has, or had at the
time of retirement, at least eight years of service credit in the
elected class of membership, exclusive of military service, may
transfer service credit between classes before or after retirement.
(a-1) A member or retiree who takes the oath of office for a
position included in the elected class of membership may not
transfer service to the employee class under Subsection (a) until
the person no longer holds that position.
SECTION 3. The change in law made by this Act applies only
to a person who takes the oath of office for a position included in
the elected class of membership under Section 812.002, Government
Code, on or after the effective date of this Act.
SECTION 4. 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, 2013.