Texas 2015 - 84th Regular

Texas House Bill HB1821 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R6292 SGA-D
2	2	By: Alonzo H.B. No. 1821
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to eligibility for membership and funding of benefits for
8	8	certain law enforcement, custodial, and other peace officers.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 802.305(i)(2), Government Code, is
11	11	amended to read as follows:
12	12	(2) "State-financed public retirement system" means
13	13	the Employees Retirement System of Texas, including the law
14	14	enforcement, [and] custodial, and peace officer supplemental
15	15	retirement fund, or the Teacher Retirement System of Texas.
16	16	SECTION 2. Subchapter C, Chapter 803, Government Code, is
17	17	amended by adding Section 803.2015 to read as follows:
18	18	Sec. 803.2015. COMBINED SERVICE CREDIT FOR CERTAIN PEACE
19	19	OFFICERS. (a) This section applies to a person who, on December
20	20	31, 2015:
21	21	(1) is a member of the Teacher Retirement System of
22	22	Texas, who:
23	23	(A) is identified under Section 825.515 as being
24	24	employed in a position as a peace officer; and
25	25	(B) elects to begin membership as a peace officer
26	26	participating in the Employees Retirement System law enforcement,
27	27	custodial, and peace officer supplemental retirement fund
28	28	beginning January 1, 2016; or
29	29	(2) is a member of the Employees Retirement System of
30	30	Texas who:
31	31	(A) is employed in a position as a law
32	32	enforcement, custodial, juvenile justice, or peace officer as those
33	33	terms are defined by Section 811.001; and
34	34	(B) elects to begin participation in the
35	35	Employees Retirement System law enforcement, custodial, and peace
36	36	officer supplemental retirement fund beginning January 1, 2016.
37	37	(b) For the purposes of this chapter, service credit earned
38	38	by a person described by Subsection (a) is considered service
39	39	credit earned in two retirement systems and is subject to Section
40	40	803.201. The membership on which combined service credit is based
41	41	is service credit accrued:
42	42	(1) before beginning participation in the Employees
43	43	Retirement System law enforcement, custodial, and peace officer
44	44	supplemental retirement fund; and
45	45	(2) after beginning participation in the Employees
46	46	Retirement System law enforcement, custodial, and peace officer
47	47	supplemental retirement fund.
48	48	SECTION 3. Section 811.001, Government Code, is amended by
49	49	amending Subdivisions (6) and (9) and adding Subdivisions (8-b) and
50	50	(12-b) to read as follows:
51	51	(6) "Combined retirement annuity" means the amount
52	52	payable on retirement for service credited as a member of the
53	53	employee class of membership plus any supplemental amount payable
54	54	from the law enforcement, [and] custodial, and peace officer
55	55	supplemental retirement fund.
56	56	(8-b) "Juvenile justice officer" means a member of the
57	57	retirement system who is employed by the Texas Juvenile Justice
58	58	Department and certified by that department as holding a position
59	59	as a juvenile correctional officer or other position the primary
60	60	duties of which include the custodial supervision of or other
61	61	close, regularly planned contact with youth in the custody of that
62	62	department.
63	63	(9) "Law enforcement officer" means a member of the
64	64	retirement system who:
65	65	(A) has been commissioned as a law enforcement
66	66	officer by the Department of Public Safety, the Texas Alcoholic
67	67	Beverage Commission, the Parks and Wildlife Department, the office
68	68	of the attorney general, or the office of inspector general at the
69	69	Texas Juvenile Justice Department; and
70	70	(B) is recognized as a commissioned law
71	71	enforcement officer by the Texas Commission on Law Enforcement.
72	72	(12-b) "Peace officer" means:
73	73	(A) a person certified as being employed as a
74	74	peace officer under Section 815.505; or
75	75	(B) any other person employed as a peace officer
76	76	who is:
77	77	(i) not a custodial officer, juvenile
78	78	justice officer, or law enforcement officer for purposes of this
79	79	subtitle; and
80	80	(ii) a peace officer under Article 2.12,
81	81	Code of Criminal Procedure, employed or appointed by a department,
82	82	commission, board, agency, or institution of the state.
83	83	SECTION 4. Section 812.003, Government Code, is amended by
84	84	amending Subsection (b) and adding Subsection (b-1) to read as
85	85	follows:
86	86	(b) An office or employment that is included in the coverage
87	87	of the Teacher Retirement System of Texas, other than in a position
88	88	identified as a peace officer position under Section 825.515, the
89	89	Judicial Retirement System of Texas Plan One, or the Judicial
90	90	Retirement System of Texas Plan Two or, except as provided by
91	91	Section 9.01, Chapter 238 (S.B. 378), Acts of the 73rd Legislature,
92	92	Regular Session, 1993, is with a university system or institution
93	93	of higher education, as defined by Section 61.003, Education Code,
94	94	is not a position with a department, commission, board, agency, or
95	95	institution of the state for purposes of this subtitle.
96	96	(b-1) Membership in the employee class includes any person
97	97	who is certified as being employed in a position as a peace officer
98	98	under Section 815.505.
99	99	SECTION 5. Subchapter F, Chapter 813, Government Code, is
100	100	amended by adding Section 813.507 to read as follows:
101	101	Sec. 813.507. JUVENILE JUSTICE OFFICER SERVICE. (a) The
102	102	Texas Juvenile Justice Board by rule shall adopt standards for
103	103	determining eligibility for service credit as a juvenile justice
104	104	officer, based on the need to encourage early retirement of persons
105	105	whose duties are hazardous and require them to have routine contact
106	106	with youth in the custody of the Texas Juvenile Justice Department
107	107	on a regular basis.
108	108	(b) The Texas Juvenile Justice Department shall determine a
109	109	person's eligibility to receive credit as a juvenile justice
110	110	officer. A determination by the department may not be appealed by
111	111	an employee but is subject to change by the retirement system.
112	112	SECTION 6. Section 814.107, Government Code, is amended to
113	113	read as follows:
114	114	Sec. 814.107. SERVICE RETIREMENT BENEFITS FOR CERTAIN
115	115	[PEACE] OFFICERS. (a) This section applies only to a member who
116	116	participates in the law enforcement, custodial, and peace officer
117	117	supplemental retirement fund.
118	118	(a-1) A member who has at least 20 years of service credit as
119	119	a law enforcement, juvenile justice, [or] custodial, or peace
120	120	officer is eligible to retire regardless of age and receive a
121	121	standard service retirement annuity in an amount and to be funded as
122	122	provided by this section.
123	123	(b) The standard service retirement annuity payable for at
124	124	least 20 years of service credit as a law enforcement, juvenile
125	125	justice, [or] custodial, or peace officer is an amount computed on
126	126	the basis of the member's average monthly compensation for the 60
127	127	highest months of compensation in the employee class, times the sum
128	128	of the percentage factor used in the computation of a standard
129	129	service retirement annuity under Section 814.105 plus .5 percent.
130	130	(c) The standard combined service retirement annuity that
131	131	is payable under this section is based on retirement on or after the
132	132	attainment of the normal retirement age, which for purposes of this
133	133	section is the earlier of either the age of 57 or the age at which
134	134	the sum of the member's age and amount of service credit in the
135	135	employee class equals the number 80. The annuity of a law
136	136	enforcement, juvenile justice, [or] custodial, or peace officer who
137	137	retires before reaching the age of 57 under any eligibility
138	138	criteria is actuarially reduced by five percent for each year of
139	139	difference between the member's age at retirement and 57. The
140	140	actuarial reduction described by this section is in addition to any
141	141	other actuarial reduction required by law.
142	142	(c-1) A law enforcement, juvenile justice, [or] custodial,
143	143	or peace officer who retires before attaining the age of 50 is
144	144	entitled only to an annuity that is actuarially reduced from the
145	145	annuity available at the age of 50 to the law enforcement, juvenile
146	146	justice, [or] custodial, or peace officer whose service credit
147	147	annuity amount is based on the sum of the member's age and amount of
148	148	law enforcement, juvenile justice, [or] custodial, or peace officer
149	149	service credit and employee class service credit, and is not
150	150	entitled to have the annuity recalculated at normal retirement age.
151	151	The standard or reduced annuity under this section is payable from
152	152	the trust fund established by Section 815.310 and the law
153	153	enforcement, [and] custodial, and peace officer supplemental
154	154	retirement fund in a ratio determined by the retirement system.
155	155	(d) A member who retires under this section retires
156	156	simultaneously from the employee class of membership. Optional
157	157	retirement annuities provided by Section 814.108 are available to a
158	158	member eligible to receive a service retirement annuity under this
159	159	section, but the same optional plan and beneficiary must be
160	160	selected for the portion of the annuity payable from the law
161	161	enforcement, [and] custodial, and peace officer supplemental
162	162	retirement fund and the portion payable from the trust fund
163	163	established by Section 815.310.
164	164	(e) The amount payable from the law enforcement, [and]
165	165	custodial, and peace officer supplemental retirement fund is
166	166	reducible by the amount paid from the trust fund established by
167	167	Section 815.310 for service as a law enforcement, juvenile justice,
168	168	[or] custodial, or peace officer. The total combined amount of an
169	169	annuity under this section may not be less than the authorized
170	170	benefit under Subsection (b) subtracted by any amount necessary
171	171	because of selection of an optional annuity, because of retirement
172	172	before the normal retirement age, or as provided by Subsection (f).
173	173	(f) The standard combined service retirement annuity
174	174	payable for at least 20 years of service credit as a law
175	175	enforcement, juvenile justice, [or] custodial, or peace officer may
176	176	not exceed 100 percent of the average compensation computed under
177	177	Subsection (b).
178	178	(g) For purposes of this section, service as a law
179	179	enforcement, juvenile justice, [or] custodial, or peace officer is
180	180	creditable as provided by rule of the board of trustees or on a
181	181	month-to-month basis, whichever is greater.
182	182	SECTION 7. The heading to Section 814.207, Government Code,
183	183	is amended to read as follows:
184	184	Sec. 814.207. DISABILITY RETIREMENT BENEFITS FOR CERTAIN
185	185	[PEACE] OFFICERS.
186	186	SECTION 8. Section 814.207, Government Code, is amended by
187	187	amending Subsections (a) and (d) and adding Subsection (a-1) to
188	188	read as follows:
189	189	(a) This section applies only to a member who participates
190	190	in the law enforcement, custodial, and peace officer supplemental
191	191	retirement fund.
192	192	(a-1) An annuity payable for an occupational disability
193	193	resulting from a risk to which law enforcement, juvenile justice,
194	194	[or] custodial, or peace officers are exposed because of the nature
195	195	of their [law enforcement or custodial] duties is payable under the
196	196	same terms and conditions that apply to other occupational
197	197	disability retirement annuities under this subtitle, except that
198	198	the source and amount of the annuity are as provided by this
199	199	section.
200	200	(d) The portions of the annuity under this section payable
201	201	from the law enforcement, [and] custodial, and peace officer
202	202	supplemental retirement fund are the amount remaining after
203	203	deduction of any amount payable under Section 814.206, except the
204	204	portion of an amount that exceeds the minimum payments provided by
205	205	Section 814.206(b) and that is made for service other than as a law
206	206	enforcement, juvenile justice, [or] custodial, or peace officer and
207	207	any amount by which an annuity is increased under Subsection (e).
208	208	SECTION 9. Section 814.305, Government Code, is amended to
209	209	read as follows:
210	210	Sec. 814.305. ANNUITY FOR SURVIVOR OF LAW ENFORCEMENT,
211	211	JUVENILE JUSTICE, [OR] CUSTODIAL, OR PEACE OFFICER. (a) This
212	212	section applies only to a member who participates in the law
213	213	enforcement, custodial, and peace officer supplemental retirement
214	214	fund.
215	215	(b) If a member who has at least 20 years of service credit
216	216	as a law enforcement, juvenile justice, [or] custodial, or peace
217	217	officer dies, the amount of the death benefit annuity payable for
218	218	the member's service as a law enforcement, juvenile justice, [or]
219	219	custodial, or peace officer is an amount computed and funded as
220	220	provided by Section 814.107, including any applicable reduction
221	221	factors.
222	222	SECTION 10. Section 815.103(c), Government Code, is amended
223	223	to read as follows:
224	224	(c) The board of trustees may authorize the executive
225	225	director to acquire, hold, manage, purchase, sell, assign, trade,
226	226	transfer, and dispose of any security, evidence of debt, or other
227	227	investment in which assets of the law enforcement, [and] custodial,
228	228	and peace officer supplemental retirement fund may be invested.
229	229	SECTION 11. Section 815.208(c), Government Code, is amended
230	230	to read as follows:
231	231	(c) The board of trustees shall make payments from the law
232	232	enforcement, [and] custodial, and peace officer supplemental
233	233	retirement fund for services rendered by the actuary for that fund
234	234	and approved by the board.
235	235	SECTION 12. Sections 815.301(a) and (b), Government Code,
236	236	are amended to read as follows:
237	237	(a) The board of trustees shall:
238	238	(1) invest the assets of the retirement system as a
239	239	single fund without distinction as to their source; and
240	240	(2) hold securities purchased with the assets
241	241	described by Subsection (a)(1) collectively for the proportionate
242	242	benefit of:
243	243	(A) all accounts in the trust fund that are
244	244	listed in Section 815.310(b); and
245	245	(B) the law enforcement, [and] custodial, and
246	246	peace officer supplemental retirement fund.
247	247	(b) The board of trustees may delegate its authority under
248	248	Subsection (a) to the executive director. The board of trustees or
249	249	the executive director may, under the standard of care provided by
250	250	Section 815.307, invest and reinvest any of the retirement system's
251	251	assets and may commingle assets of the trust fund and the law
252	252	enforcement, [and] custodial, and peace officer supplemental
253	253	retirement fund with the assets of the Judicial Retirement System
254	254	of Texas Plan Two for investment purposes, as long as proportionate
255	255	ownership records are maintained and credited. Investments may
256	256	include home office facilities, including land, equipment, and
257	257	office building, used in administering the retirement system.
258	258	SECTION 13. Section 815.308(b), Government Code, is amended
259	259	to read as follows:
260	260	(b) The amount of cash on hand may not exceed 10 percent of
261	261	the total amount in the funds of the retirement system on deposit
262	262	with the comptroller, excluding the assets of the law enforcement,
263	263	[and] custodial, and peace officer supplemental retirement fund.
264	264	SECTION 14. Section 815.309, Government Code, is amended to
265	265	read as follows:
266	266	Sec. 815.309. CREDITING SYSTEM ASSETS. All assets of the
267	267	retirement system, except assets of the law enforcement, [and]
268	268	custodial, and peace officer supplemental retirement fund, shall be
269	269	credited to the trust fund established by Section 815.310.
270	270	SECTION 15. The heading to Section 815.317, Government
271	271	Code, is amended to read as follows:
272	272	Sec. 815.317. LAW ENFORCEMENT, [AND] CUSTODIAL, AND PEACE
273	273	OFFICER SUPPLEMENTAL RETIREMENT FUND.
274	274	SECTION 16. Sections 815.317(a), (a-1), and (b), Government
275	275	Code, are amended to read as follows:
276	276	(a) The retirement system shall deposit in the law
277	277	enforcement, [and] custodial, and peace officer supplemental
278	278	retirement fund state contributions and other appropriations made
279	279	by the legislature to the fund and proceeds from investment of the
280	280	fund.
281	281	(a-1) The comptroller shall deposit fees collected under
282	282	Section 133.102(e)(7), Local Government Code, to the credit of the
283	283	law enforcement, [and] custodial, and peace officer supplemental
284	284	retirement fund.
285	285	(b) The retirement system may use money from the fund only
286	286	to pay supplemental retirement and death benefits to law
287	287	enforcement, juvenile justice, [and] custodial, or peace officers
288	288	as provided by this subtitle and to pay for the administration of
289	289	the fund.
290	290	SECTION 17. Section 815.402(h), Government Code, is amended
291	291	to read as follows:
292	292	(h) In addition to the contribution under Subsection
293	293	(a)(1), each department or agency of the state that employs a law
294	294	enforcement, juvenile justice, [or] custodial, or peace officer
295	295	shall deduct an additional 0.5 percent contribution from that
296	296	member's compensation, to be deposited in the law enforcement,
297	297	[and] custodial, and peace officer supplemental retirement fund,
298	298	provided that, if the state contribution to the law enforcement,
299	299	[and] custodial, and peace officer supplemental retirement fund is
300	300	computed using a percentage less than 0.5 percent, the member's
301	301	contribution is computed using a percentage equal to the percentage
302	302	used to compute the state contribution.
303	303	SECTION 18. Section 815.403(a), Government Code, is amended
304	304	to read as follows:
305	305	(a) During each fiscal year, the state shall contribute to
306	306	the retirement system:
307	307	(1) an amount equal to 7.4 percent of the total
308	308	compensation of all members of the retirement system for that year;
309	309	(2) money to pay lump-sum death benefits for retirees
310	310	under Section 814.501;
311	311	(3) an amount for the law enforcement, [and]
312	312	custodial, and peace officer supplemental retirement fund equal to
313	313	2.13 percent of the aggregate state compensation of all law
314	314	enforcement, juvenile justice, custodial, and peace [law
315	315	enforcement] officers for that year;
316	316	(4) money necessary for the administration of the law
317	317	enforcement, [and] custodial, and peace officer supplemental
318	318	retirement fund; and
319	319	(5) money for service credit not previously
320	320	established, as provided by Section 813.202(c) or 813.302(d).
321	321	SECTION 19. Section 815.505, Government Code, is amended to
322	322	read as follows:
323	323	Sec. 815.505. CERTIFICATION OF NAMES OF LAW ENFORCEMENT,
324	324	JUVENILE JUSTICE, [AND] CUSTODIAL, AND PEACE OFFICERS. (a) Not
325	325	later than the 12th day of the month following the month in which a
326	326	person begins or ceases employment as a law enforcement, juvenile
327	327	justice, [officer or] custodial, or peace officer, the Public
328	328	Safety Commission, the Texas Alcoholic Beverage Commission, the
329	329	Parks and Wildlife Commission, the office of the attorney general,
330	330	the [office of inspector general at the] Texas Juvenile Justice
331	331	Department [Youth Commission], the Board of Pardons and Paroles, or
332	332	the Texas Board of Criminal Justice, and any other state employer,
333	333	as applicable, shall certify to the retirement system, in the
334	334	manner prescribed by the system, the name of the employee and such
335	335	other information as the system determines is necessary for the
336	336	crediting of service and financing of benefits under this subtitle.
337	337	(b) Not later than the 12th day of the month following the
338	338	month in which a person begins or ceases employment as a peace
339	339	officer, an employer required to provide information about a person
340	340	identified as being employed in a position as a peace officer under
341	341	Section 825.515 shall certify to the retirement system, in the
342	342	manner prescribed by the system, the name of the employee and such
343	343	other information as the system determines is necessary for the
344	344	crediting of service and financing of benefits under this subtitle.
345	345	SECTION 20. Section 822.002, Government Code, is amended to
346	346	read as follows:
347	347	Sec. 822.002. EXCEPTIONS TO MEMBERSHIP REQUIREMENT. An
348	348	employee of the public school system is not permitted to be a member
349	349	of the retirement system if the employee:
350	350	(1) is eligible and elects to participate in the
351	351	optional retirement program under Chapter 830;
352	352	(2) is eligible and elects to participate in the law
353	353	enforcement, custodial, and peace officer supplemental retirement
354	354	fund under Section 803.2015;
355	355	(3) is required to participate in the law enforcement,
356	356	custodial, and peace officer supplemental retirement fund as a
357	357	member of the employee class under Section 812.003(b-1);
358	358	(4) [(2)] is solely employed by a public institution
359	359	of higher education that as a condition of employment requires the
360	360	employee to be enrolled as a student in the institution; or
361	361	(5) [(3)] has retired under the retirement system and
362	362	has not been reinstated to membership pursuant to Section 824.005
363	363	or 824.307.
364	364	SECTION 21. Section 840.301(a), Government Code, is amended
365	365	to read as follows:
366	366	(a) The board of trustees may, under the standard of care
367	367	provided by Section 840.303, invest and reinvest the retirement
368	368	system's assets and may commingle assets of the trust fund with the
369	369	assets of the Employees Retirement System of Texas, including its
370	370	trust fund and the law enforcement, [and] custodial, and peace
371	371	officer supplemental retirement fund, for investment purposes, as
372	372	long as proportionate ownership records are maintained and
373	373	credited.
374	374	SECTION 22. Section 133.102(e), Local Government Code, is
375	375	amended to read as follows:
376	376	(e) The comptroller shall allocate the court costs received
377	377	under this section to the following accounts and funds so that each
378	378	receives to the extent practicable, utilizing historical data as
379	379	applicable, the same amount of money the account or fund would have
380	380	received if the court costs for the accounts and funds had been
381	381	collected and reported separately, except that the account or fund
382	382	may not receive less than the following percentages:
383	383	(1) abused children's counseling
384	384	0.0088 percent;
385	385	(2) crime stoppers assistance
386	386	0.2581 percent;
387	387	(3) breath alcohol testing
388	388	0.5507 percent;
389	389	(4) Bill Blackwood Law Enforcement Management
390	390	Institute
391	391	2.1683 percent;
392	392	(5) law enforcement officers standards and education
393	393	5.0034 percent;
394	394	(6) comprehensive rehabilitation
395	395	9.8218 percent;
396	396	(7) law enforcement, [and] custodial, and peace
397	397	officer supplemental retirement fund
398	398	11.1426 percent;
399	399	(8) criminal justice planning
400	400	12.5537 percent;
401	401	(9) an account in the state treasury to be used only
402	402	for the establishment and operation of the Center for the Study and
403	403	Prevention of Juvenile Crime and Delinquency at Prairie View A&M
404	404	University
405	405	1.2090 percent;
406	406	(10) compensation to victims of crime fund
407	407	37.6338 percent;
408	408	(11) emergency radio infrastructure account
409	409	5.5904 percent;
410	410	(12) judicial and court personnel training fund
411	411	4.8362 percent;
412	412	(13) an account in the state treasury to be used for
413	413	the establishment and operation of the Correctional Management
414	414	Institute of Texas and Criminal Justice Center Account
415	415	1.2090 percent; and
416	416	(14) fair defense account
417	417	8.0143 percent.
418	418	SECTION 23. (a) Not later than December 31, 2015, a person
419	419	who is a member of the Teacher Retirement System of Texas and is
420	420	identified under Section 825.515, Government Code, as being
421	421	employed as a peace officer shall decide whether to:
422	422	(1) remain a member in the Teacher Retirement System
423	423	of Texas; or
424	424	(2) become a member of the employee class as a peace
425	425	officer participating in the Employees Retirement System law
426	426	enforcement, custodial, and peace officer supplemental retirement
427	427	fund effective January 1, 2016.
428	428	(b) Not later than December 31, 2015, a person who is a
429	429	member of the Employees Retirement System of Texas, holds a
430	430	position as a law enforcement, juvenile justice, custodial, or
431	431	peace officer, and was not eligible before the effective date of
432	432	this Act to participate in the law enforcement and custodial
433	433	officer supplemental retirement fund shall decide whether to:
434	434	(1) remain a member of the Employees Retirement System
435	435	of Texas without participating in the law enforcement, custodial,
436	436	and peace officer supplemental retirement fund; or
437	437	(2) begin participation in the Employees Retirement
438	438	System law enforcement, custodial, and peace officer supplemental
439	439	retirement fund effective January 1, 2016.
440	440	(c) The retirement benefits of a person who opts to begin
441	441	participation in the Employees Retirement System law enforcement,
442	442	custodial, and peace officer supplemental retirement fund under
443	443	Subsection (a) or (b) of this section shall be divided as if the
444	444	benefits were based on service credit earned in two separate
445	445	retirement systems as follows:
446	446	(1) service credit earned before September 1, 2016;
447	447	and
448	448	(2) service credit earned on or after September 1,
449	449	2016.
450	450	(d) A person who earns service credit described by
451	451	Subsections (c)(1) and (2) of this section is eligible to have that
452	452	credit treated as combined service credit under Chapter 803,
453	453	Government Code, as amended by this Act.
454	454	SECTION 24. This Act takes effect September 1, 2015.