Texas 2015 - 84th Regular

Texas House Bill HB2859 Compare Versions

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

Old	New	Differences
1	1	84R6262 KFF-D
2	2	By: Márquez H.B. No. 2859
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of membership service credit by a
8	8	member of the Employees Retirement System of Texas for employment
9	9	with a tribal government.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 811.001(16), Government Code, is amended
12	12	to read as follows:
13	13	(16) "Service credit" means the amount of membership
14	14	and tribal government or military service ascribed to a person's
15	15	account in the retirement system for which all required
16	16	contributions have been made to, and are being held by, the
17	17	retirement system.
18	18	SECTION 2. Section 813.001, Government Code, is amended to
19	19	read as follows:
20	20	Sec. 813.001. TYPES OF CREDITABLE SERVICE. The types of
21	21	service creditable in the retirement system are membership service,
22	22	tribal government service, military service, and equivalent
23	23	membership service.
24	24	SECTION 3. Section 813.101, Government Code, is amended to
25	25	read as follows:
26	26	Sec. 813.101. DETERMINATION OF REQUIRED DEPOSITS. The
27	27	retirement system shall determine in each case the amount of money
28	28	to be deposited by a member claiming credit for membership, tribal
29	29	government service, or military service previously canceled or not
30	30	previously established. The system may not provide benefits based
31	31	on the claimed service until the determined amount has been fully
32	32	paid.
33	33	SECTION 4. Section 813.106, Government Code, is amended to
34	34	read as follows:
35	35	Sec. 813.106. SERVICE NOT PREVIOUSLY ESTABLISHED. The
36	36	state shall make contributions for service not previously
37	37	established that is established under Section 813.104 in the amount
38	38	provided by Section 813.202(c) for membership service, [or] the
39	39	amount provided by Section 813.302(d) for military service, or the
40	40	amount provided by Section 813.602(b) for tribal government
41	41	service, as applicable. The state contributions will be made at the
42	42	time the service credit is granted.
43	43	SECTION 5. Section 813.401, Government Code, is amended to
44	44	read as follows:
45	45	Sec. 813.401. SERVICE CREDITABLE IN ELECTED CLASS. Service
46	46	creditable in the elected class of membership is:
47	47	(1) membership service in an office included in that
48	48	class;
49	49	(2) military service established as provided by
50	50	Subchapter D; [and]
51	51	(3) tribal government service established as provided
52	52	by Subchapter G; and
53	53	(4) equivalent membership service specifically made
54	54	creditable in that class.
55	55	SECTION 6. Section 813.404, Government Code, is amended to
56	56	read as follows:
57	57	Sec. 813.404. CONTRIBUTIONS FOR SERVICE NOT PREVIOUSLY
58	58	ESTABLISHED. For each month of membership, military, tribal
59	59	government, or equivalent membership service not previously
60	60	credited in the retirement system, a member claiming credit in the
61	61	elected class shall pay a contribution in an amount equal to the
62	62	greater of:
63	63	(1) eight percent of the monthly salary paid to
64	64	members of the legislature at the time the credit is established; or
65	65	(2) the appropriate member contribution provided by
66	66	Section 815.402 for a person who holds, at the time the credit is
67	67	established, the office for which credit is sought.
68	68	SECTION 7. Section 813.501, Government Code, is amended to
69	69	read as follows:
70	70	Sec. 813.501. SERVICE CREDITABLE IN EMPLOYEE CLASS.
71	71	Service creditable in the employee class of membership is:
72	72	(1) membership service in a position included in that
73	73	class;
74	74	(2) military service established as provided by
75	75	Subchapter D;
76	76	(3) service creditable in or transferred from the
77	77	elected class as provided by Section 813.503; [and]
78	78	(4) administrative board service established as
79	79	provided by Section 813.502; and
80	80	(5) tribal government service established as provided
81	81	by Subchapter G.
82	82	SECTION 8. Section 813.503(a), Government Code, is amended
83	83	to read as follows:
84	84	(a) A member may establish in, or have transferred to, the
85	85	employee class all service credited in the elected class, if the
86	86	contributions made to establish the service in the elected class
87	87	equal or exceed contributions required of a member of the employee
88	88	class for the same amount of service during the same time and at the
89	89	same rate of compensation. A member or retiree who has, or had at
90	90	the time of retirement, at least eight years of service credit in
91	91	the elected class of membership, exclusive of tribal government or
92	92	military service, may transfer service credit between classes
93	93	before or after retirement.
94	94	SECTION 9. Section 813.505(a), Government Code, is amended
95	95	to read as follows:
96	96	(a) A member claiming credit in the employee class for
97	97	membership service not previously established, including a member
98	98	claiming credit in the employee class for tribal government
99	99	service, shall, for each month of the service, pay a contribution in
100	100	an amount equal to the greater of:
101	101	(1) the appropriate member contribution provided by
102	102	Section 815.402 for the service during the time for which credit is
103	103	sought; or
104	104	(2) $18.
105	105	SECTION 10. Chapter 813, Government Code, is amended by
106	106	adding Subchapter G to read as follows:
107	107	SUBCHAPTER G. ESTABLISHMENT OF TRIBAL GOVERNMENT SERVICE
108	108	Sec. 813.601. CREDITABLE TRIBAL GOVERNMENT SERVICE. (a) A
109	109	member may establish membership service credit for employment with
110	110	a tribal government in accordance with this subchapter.
111	111	(b) A member may establish one month of service credit for
112	112	each month or fraction of a month of employment with a tribal
113	113	government, but not more than 60 months of service credit in the
114	114	retirement system for tribal government service.
115	115	Sec. 813.602. TRIBAL GOVERNMENT SERVICE NOT PREVIOUSLY
116	116	ESTABLISHED. (a) A member may establish service credit under
117	117	Section 813.603 by depositing with the retirement system in a lump
118	118	sum a contribution computed as provided by Section 813.404 or
119	119	813.505, as applicable, plus, if the member does not establish the
120	120	credit before the first anniversary of the date of first
121	121	eligibility, interest computed on the basis of the state fiscal
122	122	year at an annual rate of 10 percent from the date of first
123	123	eligibility to the date of deposit.
124	124	(b) The state shall contribute for service established
125	125	under this section an amount in the same ratio to the member's
126	126	contribution for the service as the state's contribution bears to
127	127	the contribution for current service required of a member of the
128	128	employee class at the time the service is established under this
129	129	section. The state's contribution shall be paid from the fund from
130	130	which the member receives compensation at the time the service is
131	131	established or, if the member does not hold a position at the time
132	132	the service is established, from the fund from which the member
133	133	received compensation when the member most recently held a
134	134	position.
135	135	(c) The board of trustees may require members applying for
136	136	credit under this section to submit any information the board finds
137	137	necessary to enable it to determine eligibility for or amount of
138	138	service or amounts of required contributions.
139	139	Sec. 813.603. SERVICE CREDITED TO MEMBERSHIP CLASS. Tribal
140	140	government service is creditable in a class of membership that
141	141	includes a position held by the member at the time the member
142	142	establishes service credit.
143	143	Sec. 813.604. USE OF TRIBAL GOVERNMENT SERVICE CREDIT. (a)
144	144	The retirement system shall use service credit established under
145	145	this subchapter in computing occupational disability retirement
146	146	benefits and death benefits and in determining eligibility to
147	147	select an optional death benefit plan.
148	148	(b) The retirement system shall use service credit
149	149	established under this subchapter in computing service retirement
150	150	or nonoccupational disability retirement benefits of a member of
151	151	the employee class only if the member has, without service credit
152	152	established under this subchapter, at least five years of service
153	153	credit in that class.
154	154	(c) The retirement system shall use service credit
155	155	established under this subchapter in computing service retirement
156	156	or nonoccupational disability retirement benefits of a member of
157	157	the elected class only if the member has enough service credit,
158	158	exclusive of the service credit established under this subchapter,
159	159	to be eligible for service retirement benefits at age 60.
160	160	SECTION 11. Section 815.311(a), Government Code, is amended
161	161	to read as follows:
162	162	(a) The retirement system shall deposit in a member's
163	163	individual account in the employees saving account the following
164	164	amounts:
165	165	(1) the amount of contributions to the retirement
166	166	system that is deducted from the member's compensation;
167	167	(2) the portion of a deposit required to reinstate
168	168	service credit previously canceled that represents only the amount
169	169	withdrawn;
170	170	(3) the portion of a deposit required to establish
171	171	service credit not previously established that represents only the
172	172	required contribution; [and]
173	173	(4) the portion of a deposit required to establish
174	174	military service credit that represents only the member's
175	175	contribution for that credit; and
176	176	(5) the portion of a deposit required to establish
177	177	tribal government service credit that represents only the member's
178	178	contribution for that credit.
179	179	SECTION 12. Section 815.312(b), Government Code, is amended
180	180	to read as follows:
181	181	(b) The retirement system also shall deposit in the state
182	182	accumulation account the interest portion of the following deposits
183	183	made by members:
184	184	(1) deposits required to reinstate service previously
185	185	canceled;
186	186	(2) deposits required to establish service credit not
187	187	previously established; [and]
188	188	(3) deposits required to establish military service
189	189	credit; and
190	190	(4) deposits required to establish tribal government
191	191	service credit.
192	192	SECTION 13. This Act takes effect September 1, 2015.