86R7527 KFF-F
By: Noble H.B. No. 2178
A BILL TO BE ENTITLED
AN ACT
relating to terminating participation in the Texas Emergency
Services Retirement System.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 862.001, Government Code, is amended to
read as follows:
Sec. 862.001. PARTICIPATION BY DEPARTMENT. (a) The
governing body of a department that performs emergency services
may, in the manner provided for taking official action by the body,
elect to participate in the pension system. A governing body shall
notify the executive director as soon as practicable of an election
made under this subsection. [Except as provided by Subsection (b),
an election to participate under this subsection is irrevocable.]
(b) Except as provided by Subsection (c), the [The]
governing body of a department that makes an election under
Subsection (a) may not terminate participation in the pension
system [not later than the fifth anniversary of the date of the
election to participate, except that a department that begins
participation after September 1, 2005, may not terminate that
participation].
(c) The governing body of a department that makes an
election under Subsection (a) may terminate participation in the
pension system if:
(1) the department consists of both volunteer
firefighters and at least six full-time firefighters;
(2) the full-time firefighters described by
Subdivision (1) are employees of a home-rule municipality:
(A) governed by the same governing body; and
(B) of which the department is a part; and
(3) the governing body elects to provide retirement
benefits to the volunteer firefighters described by Subdivision (1)
through participation in an alternative retirement system.
(d) If a governing body of a department elects to terminate
participation in the pension system under Subsection (c), the
department forfeits all contributions to the system necessary to
pay the benefits of vested members.
(e) The state board may adopt rules necessary to implement
this section.
SECTION 2. This Act takes effect September 1, 2019.