| 1 | 1 | | 85R10081 LED-D |
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| 2 | 2 | | By: Muñoz, Jr. H.B. No. 2810 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the inclusion of overtime pay in the computation of |
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| 8 | 8 | | benefits for members of the Employees Retirement System of Texas. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 811.001(7), Government Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (7) "Compensation" means the base salary of a person; |
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| 13 | 13 | | overtime pay; amounts that would otherwise qualify as compensation |
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| 14 | 14 | | but are not received directly by a person pursuant to a good faith, |
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| 15 | 15 | | voluntary, written salary reduction agreement in order to finance |
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| 16 | 16 | | payments to a deferred compensation or tax sheltered annuity |
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| 17 | 17 | | program specifically authorized by state law or to finance benefit |
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| 18 | 18 | | options under a cafeteria plan qualifying under Section 125 of the |
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| 19 | 19 | | Internal Revenue Code of 1986 (26 U.S.C. Section 125); longevity |
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| 20 | 20 | | and hazardous duty pay; nonmonetary compensation, the value of |
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| 21 | 21 | | which is determined by the retirement system; amounts by which a |
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| 22 | 22 | | person's salary is reduced under a salary reduction agreement |
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| 23 | 23 | | authorized by Chapter 610; and the benefit replacement pay a person |
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| 24 | 24 | | earns under Subchapter H, Chapter 659, as added by Chapter 417, Acts |
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| 25 | 25 | | of the 74th Legislature, 1995, except for the benefit replacement |
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| 26 | 26 | | pay a person earns as a result of a payment made under Subchapter B, |
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| 27 | 27 | | C, or D, Chapter 661. The term excludes [overtime pay and] a |
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| 28 | 28 | | cleaning or clothing allowance. |
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| 29 | 29 | | SECTION 2. The change in law made by this Act applies only |
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| 30 | 30 | | to a member of the Employees Retirement System of Texas who retires |
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| 31 | 31 | | on or after the effective date of this Act. A member who retires |
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| 32 | 32 | | before the effective date of this Act is subject to the law in |
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| 33 | 33 | | effect on the date of the member's retirement, and that law is |
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| 34 | 34 | | continued in effect for that purpose. |
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| 35 | 35 | | SECTION 3. This Act takes effect September 1, 2017. |
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