1 | 1 | | 86R6247 TSR-D |
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2 | 2 | | By: Gutierrez H.B. No. 2473 |
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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 eligibility for membership and funding of benefits for |
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8 | 8 | | certain law enforcement, custodial, and other peace officers. |
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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 802.305(i)(2), Government Code, is |
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11 | 11 | | amended to read as follows: |
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12 | 12 | | (2) "State-financed public retirement system" means |
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13 | 13 | | the Employees Retirement System of Texas, including the law |
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14 | 14 | | enforcement, [and] custodial, and peace officer supplemental |
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15 | 15 | | retirement fund, or the Teacher Retirement System of Texas. |
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16 | 16 | | SECTION 2. Subchapter C, Chapter 803, Government Code, is |
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17 | 17 | | amended by adding Section 803.2015 to read as follows: |
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18 | 18 | | Sec. 803.2015. COMBINED SERVICE CREDIT FOR CERTAIN PEACE |
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19 | 19 | | OFFICERS. (a) This section applies to a person who, on December |
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20 | 20 | | 31, 2019: |
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21 | 21 | | (1) is a member of the Teacher Retirement System of |
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22 | 22 | | Texas, who: |
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23 | 23 | | (A) is identified under Section 825.515 as being |
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24 | 24 | | employed in a position as a peace officer; and |
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25 | 25 | | (B) elects to begin membership as a peace officer |
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26 | 26 | | participating in the Employees Retirement System of Texas law |
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27 | 27 | | enforcement, custodial, and peace officer supplemental retirement |
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28 | 28 | | fund beginning January 1, 2020; or |
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29 | 29 | | (2) is a member of the Employees Retirement System of |
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30 | 30 | | Texas who: |
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31 | 31 | | (A) is employed in a position as a law |
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32 | 32 | | enforcement, custodial, juvenile justice, or peace officer as those |
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33 | 33 | | terms are defined by Section 811.001; and |
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34 | 34 | | (B) elects to begin participation in the |
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35 | 35 | | Employees Retirement System of Texas law enforcement, custodial, |
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36 | 36 | | and peace officer supplemental retirement fund beginning January 1, |
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37 | 37 | | 2020. |
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38 | 38 | | (b) For the purposes of this chapter, service credit earned |
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39 | 39 | | by a person described by Subsection (a) is considered service |
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40 | 40 | | credit earned in two retirement systems and is subject to Section |
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41 | 41 | | 803.201. The membership on which combined service credit is based |
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42 | 42 | | is service credit accrued: |
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43 | 43 | | (1) before beginning participation in the Employees |
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44 | 44 | | Retirement System of Texas law enforcement, custodial, and peace |
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45 | 45 | | officer supplemental retirement fund; and |
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46 | 46 | | (2) after beginning participation in the Employees |
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47 | 47 | | Retirement System of Texas law enforcement, custodial, and peace |
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48 | 48 | | officer supplemental retirement fund. |
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49 | 49 | | SECTION 3. Section 811.001, Government Code, is amended by |
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50 | 50 | | amending Subdivisions (6) and (9) and adding Subdivisions (8-b) and |
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51 | 51 | | (12-b) to read as follows: |
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52 | 52 | | (6) "Combined retirement annuity" means the amount |
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53 | 53 | | payable on retirement for service credited as a member of the |
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54 | 54 | | employee class of membership plus any supplemental amount payable |
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55 | 55 | | from the law enforcement, [and] custodial, and peace officer |
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56 | 56 | | supplemental retirement fund. |
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57 | 57 | | (8-b) "Juvenile justice officer" means a member of the |
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58 | 58 | | retirement system who is employed by the Texas Juvenile Justice |
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59 | 59 | | Department and certified by that department as holding a position |
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60 | 60 | | as a juvenile correctional officer or other position the primary |
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61 | 61 | | duties of which include the custodial supervision of or other |
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62 | 62 | | close, regularly planned contact with youth in the custody of that |
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63 | 63 | | department. |
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64 | 64 | | (9) "Law enforcement officer" means a member of the |
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65 | 65 | | retirement system who: |
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66 | 66 | | (A) has been commissioned as a law enforcement |
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67 | 67 | | officer by the Department of Public Safety, the Texas Alcoholic |
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68 | 68 | | Beverage Commission, the Parks and Wildlife Department, the |
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69 | 69 | | attorney general, or the office of inspector general at the Texas |
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70 | 70 | | Juvenile Justice Department; and |
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71 | 71 | | (B) is recognized as a commissioned law |
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72 | 72 | | enforcement officer by the Texas Commission on Law Enforcement. |
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73 | 73 | | (12-b) "Peace officer" means: |
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74 | 74 | | (A) a person certified as being employed as a |
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75 | 75 | | peace officer under Section 815.505; or |
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76 | 76 | | (B) any other person employed as a peace officer |
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77 | 77 | | who is: |
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78 | 78 | | (i) not a law enforcement officer, juvenile |
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79 | 79 | | justice officer, or custodial officer for purposes of this |
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80 | 80 | | subtitle; and |
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81 | 81 | | (ii) a peace officer under Article 2.12, |
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82 | 82 | | Code of Criminal Procedure, employed or appointed by a department, |
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83 | 83 | | commission, board, agency, or institution of the state. |
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84 | 84 | | SECTION 4. Section 812.003, Government Code, is amended by |
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85 | 85 | | amending Subsection (b) and adding Subsection (b-1) to read as |
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86 | 86 | | follows: |
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87 | 87 | | (b) An office or employment that is included in the coverage |
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88 | 88 | | of the Teacher Retirement System of Texas, other than in a position |
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89 | 89 | | identified as a peace officer position under Section 825.515, the |
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90 | 90 | | Judicial Retirement System of Texas Plan One, or the Judicial |
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91 | 91 | | Retirement System of Texas Plan Two or, except as provided by |
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92 | 92 | | Section 9.01, Chapter 238 (S.B. 378), Acts of the 73rd Legislature, |
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93 | 93 | | Regular Session, 1993, is with a university system or institution |
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94 | 94 | | of higher education, as defined by Section 61.003, Education Code, |
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95 | 95 | | is not a position with a department, commission, board, agency, or |
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96 | 96 | | institution of the state for purposes of this subtitle. |
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97 | 97 | | (b-1) Membership in the employee class includes any person |
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98 | 98 | | who is certified as being employed in a position as a peace officer |
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99 | 99 | | under Section 815.505. |
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100 | 100 | | SECTION 5. Section 812.101(c), Government Code, is amended |
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101 | 101 | | to read as follows: |
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102 | 102 | | (c) For a law enforcement, juvenile justice, [or] |
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103 | 103 | | custodial, or peace officer, the withdrawal of accumulated |
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104 | 104 | | contributions under Subsection (a) includes all of the officer's |
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105 | 105 | | contributions made under Section 815.402(h). |
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106 | 106 | | SECTION 6. Subchapter F, Chapter 813, Government Code, is |
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107 | 107 | | amended by adding Section 813.507 to read as follows: |
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108 | 108 | | Sec. 813.507. JUVENILE JUSTICE OFFICER SERVICE. (a) The |
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109 | 109 | | Texas Juvenile Justice Board by rule shall adopt standards for |
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110 | 110 | | determining eligibility for service credit as a juvenile justice |
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111 | 111 | | officer, based on the need to encourage early retirement of persons |
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112 | 112 | | whose duties are hazardous and require them to have routine contact |
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113 | 113 | | with youth in the custody of the Texas Juvenile Justice Department |
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114 | 114 | | on a regular basis. |
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115 | 115 | | (b) The Texas Juvenile Justice Department shall determine a |
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116 | 116 | | person's eligibility to receive credit as a juvenile justice |
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117 | 117 | | officer. A determination by the department may not be appealed by |
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118 | 118 | | an employee but is subject to change by the retirement system. |
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119 | 119 | | SECTION 7. Section 813.513(a), Government Code, is amended |
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120 | 120 | | to read as follows: |
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121 | 121 | | (a) An eligible member may establish not more than 36 months |
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122 | 122 | | of equivalent membership service credit, including law |
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123 | 123 | | enforcement, juvenile justice, [or] custodial, or peace officer |
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124 | 124 | | service, in either the elected class or the employee class. |
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125 | 125 | | SECTION 8. Section 814.107, Government Code, is amended to |
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126 | 126 | | read as follows: |
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127 | 127 | | Sec. 814.107. SERVICE RETIREMENT BENEFITS FOR CERTAIN |
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128 | 128 | | [PEACE] OFFICERS. (a) This section applies only to a member who |
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129 | 129 | | participates in the law enforcement, custodial, and peace officer |
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130 | 130 | | supplemental retirement fund. |
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131 | 131 | | (a-1) A member who has at least 20 years of service credit as |
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132 | 132 | | a law enforcement, juvenile justice, [or] custodial, or peace |
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133 | 133 | | officer is eligible to retire regardless of age and receive a |
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134 | 134 | | standard service retirement annuity in an amount and to be funded as |
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135 | 135 | | provided by this section. |
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136 | 136 | | (b) The standard service retirement annuity payable for at |
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137 | 137 | | least 20 years of service credit as a law enforcement, juvenile |
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138 | 138 | | justice, [or] custodial, or peace officer is an amount computed on |
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139 | 139 | | the basis of the member's average monthly compensation for the 60 |
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140 | 140 | | highest months of compensation in the employee class, times the sum |
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141 | 141 | | of the percentage factor used in the computation of a standard |
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142 | 142 | | service retirement annuity under Section 814.105 plus .5 percent. |
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143 | 143 | | (c) The standard combined service retirement annuity that |
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144 | 144 | | is payable under this section is based on retirement on or after the |
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145 | 145 | | attainment of the normal retirement age, which for purposes of this |
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146 | 146 | | section is the earlier of either the age of 57 or the age at which |
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147 | 147 | | the sum of the member's age and amount of service credit in the |
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148 | 148 | | employee class equals the number 80. The annuity of a law |
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149 | 149 | | enforcement, juvenile justice, [or] custodial, or peace officer who |
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150 | 150 | | retires before reaching the age of 57 under any eligibility |
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151 | 151 | | criteria is actuarially reduced by five percent for each year of |
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152 | 152 | | difference between the member's age at retirement and 57. The |
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153 | 153 | | actuarial reduction described by this section is in addition to any |
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154 | 154 | | other actuarial reduction required by law. |
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155 | 155 | | (c-1) A law enforcement, juvenile justice, [or] custodial, |
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156 | 156 | | or peace officer who retires before attaining the age of 50 is |
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157 | 157 | | entitled only to an annuity that is actuarially reduced from the |
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158 | 158 | | annuity available at the age of 50 to the law enforcement, juvenile |
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159 | 159 | | justice, [or] custodial, or peace officer whose service credit |
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160 | 160 | | annuity amount is based on the sum of the member's age and amount of |
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161 | 161 | | law enforcement, juvenile justice, [or] custodial, or peace officer |
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162 | 162 | | service credit and employee class service credit, and is not |
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163 | 163 | | entitled to have the annuity recalculated at normal retirement age. |
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164 | 164 | | The standard or reduced annuity under this section is payable from |
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165 | 165 | | the trust fund established by Section 815.310 and the law |
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166 | 166 | | enforcement, [and] custodial, and peace officer supplemental |
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167 | 167 | | retirement fund in a ratio determined by the retirement system. |
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168 | 168 | | (d) A member who retires under this section retires |
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169 | 169 | | simultaneously from the employee class of membership. Optional |
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170 | 170 | | retirement annuities provided by Section 814.108 are available to a |
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171 | 171 | | member eligible to receive a service retirement annuity under this |
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172 | 172 | | section, but the same optional plan and beneficiary must be |
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173 | 173 | | selected for the portion of the annuity payable from the law |
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174 | 174 | | enforcement, [and] custodial, and peace officer supplemental |
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175 | 175 | | retirement fund and the portion payable from the trust fund |
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176 | 176 | | established by Section 815.310. |
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177 | 177 | | (e) The amount payable from the law enforcement, [and] |
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178 | 178 | | custodial, and peace officer supplemental retirement fund is |
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179 | 179 | | reducible by the amount paid from the trust fund established by |
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180 | 180 | | Section 815.310 for service as a law enforcement, juvenile justice, |
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181 | 181 | | [or] custodial, or peace officer. The total combined amount of an |
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182 | 182 | | annuity under this section may not be less than the authorized |
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183 | 183 | | benefit under Subsection (b) subtracted by any amount necessary |
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184 | 184 | | because of selection of an optional annuity, because of retirement |
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185 | 185 | | before the normal retirement age, or as provided by Subsection (f). |
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186 | 186 | | (f) The standard combined service retirement annuity |
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187 | 187 | | payable for at least 20 years of service credit as a law |
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188 | 188 | | enforcement, juvenile justice, [or] custodial, or peace officer may |
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189 | 189 | | not exceed 100 percent of the average compensation computed under |
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190 | 190 | | Subsection (b). |
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191 | 191 | | (g) For purposes of this section, service as a law |
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192 | 192 | | enforcement, juvenile justice, [or] custodial, or peace officer is |
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193 | 193 | | creditable as provided by rule of the board of trustees or on a |
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194 | 194 | | month-to-month basis, whichever is greater. |
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195 | 195 | | SECTION 9. The heading to Section 814.207, Government Code, |
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196 | 196 | | is amended to read as follows: |
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197 | 197 | | Sec. 814.207. DISABILITY RETIREMENT BENEFITS FOR CERTAIN |
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198 | 198 | | [PEACE] OFFICERS. |
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199 | 199 | | SECTION 10. Section 814.207, Government Code, is amended by |
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200 | 200 | | amending Subsections (a) and (d) and adding Subsection (a-1) to |
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201 | 201 | | read as follows: |
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202 | 202 | | (a) This section applies only to a member who participates |
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203 | 203 | | in the law enforcement, custodial, and peace officer supplemental |
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204 | 204 | | retirement fund. |
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205 | 205 | | (a-1) An annuity payable for an occupational disability |
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206 | 206 | | resulting from a risk to which law enforcement, juvenile justice, |
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207 | 207 | | [or] custodial, or peace officers are exposed because of the nature |
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208 | 208 | | of their [law enforcement or custodial] duties is payable under the |
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209 | 209 | | same terms and conditions that apply to other occupational |
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210 | 210 | | disability retirement annuities under this subtitle, except that |
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211 | 211 | | the source and amount of the annuity are as provided by this |
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212 | 212 | | section. |
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213 | 213 | | (d) The portions of the annuity under this section payable |
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214 | 214 | | from the law enforcement, [and] custodial, and peace officer |
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215 | 215 | | supplemental retirement fund are the amount remaining after |
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216 | 216 | | deduction of any amount payable under Section 814.206, except the |
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217 | 217 | | portion of an amount that exceeds the minimum payments provided by |
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218 | 218 | | Section 814.206(b) and that is made for service other than as a law |
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219 | 219 | | enforcement, juvenile justice, [or] custodial, or peace officer and |
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220 | 220 | | any amount by which an annuity is increased under Subsection (e). |
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221 | 221 | | SECTION 11. Section 814.305, Government Code, is amended to |
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222 | 222 | | read as follows: |
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223 | 223 | | Sec. 814.305. ANNUITY FOR SURVIVOR OF LAW ENFORCEMENT, |
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224 | 224 | | JUVENILE JUSTICE, [OR] CUSTODIAL, OR PEACE OFFICER. (a) This |
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225 | 225 | | section applies only to a member who participates in the law |
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226 | 226 | | enforcement, custodial, and peace officer supplemental retirement |
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227 | 227 | | fund. |
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228 | 228 | | (b) If a member who has at least 20 years of service credit |
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229 | 229 | | as a law enforcement, juvenile justice, [or] custodial, or peace |
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230 | 230 | | officer dies, the amount of the death benefit annuity payable for |
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231 | 231 | | the member's service as a law enforcement, juvenile justice, [or] |
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232 | 232 | | custodial, or peace officer is an amount computed and funded as |
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233 | 233 | | provided by Section 814.107, including any applicable reduction |
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234 | 234 | | factors. |
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235 | 235 | | SECTION 12. Section 815.103(c), Government Code, is amended |
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236 | 236 | | to read as follows: |
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237 | 237 | | (c) The board of trustees may authorize the executive |
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238 | 238 | | director to acquire, hold, manage, purchase, sell, assign, trade, |
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239 | 239 | | transfer, and dispose of any security, evidence of debt, or other |
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240 | 240 | | investment in which assets of the law enforcement, [and] custodial, |
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241 | 241 | | and peace officer supplemental retirement fund may be invested. |
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242 | 242 | | SECTION 13. Section 815.208(c), Government Code, is amended |
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243 | 243 | | to read as follows: |
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244 | 244 | | (c) The board of trustees shall make payments from the law |
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245 | 245 | | enforcement, [and] custodial, and peace officer supplemental |
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246 | 246 | | retirement fund for services rendered by the actuary for that fund |
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247 | 247 | | and approved by the board. |
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248 | 248 | | SECTION 14. Sections 815.301(a) and (b), Government Code, |
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249 | 249 | | are amended to read as follows: |
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250 | 250 | | (a) The board of trustees shall: |
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251 | 251 | | (1) invest the assets of the retirement system as a |
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252 | 252 | | single fund without distinction as to their source; and |
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253 | 253 | | (2) hold securities purchased with the assets |
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254 | 254 | | described by Subsection (a)(1) collectively for the proportionate |
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255 | 255 | | benefit of: |
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256 | 256 | | (A) all accounts in the trust fund that are |
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257 | 257 | | listed in Section 815.310(b); and |
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258 | 258 | | (B) the law enforcement, [and] custodial, and |
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259 | 259 | | peace officer supplemental retirement fund. |
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260 | 260 | | (b) Except as provided by Section 815.3016, the board of |
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261 | 261 | | trustees may delegate its authority under Subsection (a) to the |
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262 | 262 | | executive director. Subject to Section 815.3016, the board of |
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263 | 263 | | trustees or the executive director may, under the standard of care |
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264 | 264 | | provided by Section 815.307, invest and reinvest any of the |
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265 | 265 | | retirement system's assets and may commingle assets of the trust |
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266 | 266 | | fund and the law enforcement, [and] custodial, and peace officer |
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267 | 267 | | supplemental retirement fund with the assets of the Judicial |
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268 | 268 | | Retirement System of Texas Plan Two for investment purposes, as |
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269 | 269 | | long as proportionate ownership records are maintained and |
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270 | 270 | | credited. Investments may include home office facilities, |
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271 | 271 | | including land, equipment, and office building, used in |
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272 | 272 | | administering the retirement system. |
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273 | 273 | | SECTION 15. Section 815.308(b), Government Code, is amended |
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274 | 274 | | to read as follows: |
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275 | 275 | | (b) The amount of cash on hand may not exceed 10 percent of |
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276 | 276 | | the total amount in the funds of the retirement system on deposit |
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277 | 277 | | with the comptroller, excluding the assets of the law enforcement, |
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278 | 278 | | [and] custodial, and peace officer supplemental retirement fund. |
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279 | 279 | | SECTION 16. Section 815.309, Government Code, is amended to |
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280 | 280 | | read as follows: |
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281 | 281 | | Sec. 815.309. CREDITING SYSTEM ASSETS. All assets of the |
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282 | 282 | | retirement system, except assets of the law enforcement, [and] |
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283 | 283 | | custodial, and peace officer supplemental retirement fund, shall be |
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284 | 284 | | credited to the trust fund established by Section 815.310. |
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285 | 285 | | SECTION 17. The heading to Section 815.317, Government |
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286 | 286 | | Code, is amended to read as follows: |
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287 | 287 | | Sec. 815.317. LAW ENFORCEMENT, [AND] CUSTODIAL, AND PEACE |
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288 | 288 | | OFFICER SUPPLEMENTAL RETIREMENT FUND. |
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289 | 289 | | SECTION 18. Sections 815.317(a), (a-1), and (b), Government |
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290 | 290 | | Code, are amended to read as follows: |
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291 | 291 | | (a) The retirement system shall deposit in the law |
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292 | 292 | | enforcement, [and] custodial, and peace officer supplemental |
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293 | 293 | | retirement fund state contributions and other appropriations made |
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294 | 294 | | by the legislature to the fund and proceeds from investment of the |
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295 | 295 | | fund. |
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296 | 296 | | (a-1) The comptroller shall deposit fees collected under |
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297 | 297 | | Section 133.102(e)(5) [133.102(e)(7)], Local Government Code, to |
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298 | 298 | | the credit of the law enforcement, [and] custodial, and peace |
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299 | 299 | | officer supplemental retirement fund. |
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300 | 300 | | (b) The retirement system may use money from the fund only |
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301 | 301 | | to pay supplemental retirement and death benefits to law |
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302 | 302 | | enforcement, juvenile justice, [and] custodial, or peace officers |
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303 | 303 | | as provided by this subtitle and to pay for the administration of |
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304 | 304 | | the fund. |
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305 | 305 | | SECTION 19. Section 815.402(h), Government Code, is amended |
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306 | 306 | | to read as follows: |
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307 | 307 | | (h) In addition to the contribution under Subsection |
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308 | 308 | | (a)(1), each department or agency of the state that employs a law |
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309 | 309 | | enforcement, juvenile justice, [or] custodial, or peace officer |
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310 | 310 | | shall deduct an additional 0.5 percent contribution from that |
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311 | 311 | | member's compensation, to be deposited in the law enforcement, |
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312 | 312 | | [and] custodial, and peace officer supplemental retirement fund, |
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313 | 313 | | provided that, if the state contribution to the law enforcement, |
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314 | 314 | | [and] custodial, and peace officer supplemental retirement fund is |
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315 | 315 | | computed using a percentage less than 0.5 percent, the member's |
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316 | 316 | | contribution is computed using a percentage equal to the percentage |
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317 | 317 | | used to compute the state contribution. |
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318 | 318 | | SECTION 20. Section 815.403(a), Government Code, is amended |
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319 | 319 | | to read as follows: |
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320 | 320 | | (a) During each fiscal year, the state shall contribute to |
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321 | 321 | | the retirement system: |
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322 | 322 | | (1) an amount equal to 7.4 percent of the total |
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323 | 323 | | compensation of all members of the retirement system for that year; |
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324 | 324 | | (2) money to pay lump-sum death benefits for retirees |
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325 | 325 | | under Section 814.501; |
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326 | 326 | | (3) an amount for the law enforcement, [and] |
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327 | 327 | | custodial, and peace officer supplemental retirement fund equal to |
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328 | 328 | | 2.13 percent of the aggregate state compensation of all law |
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329 | 329 | | enforcement, juvenile justice, custodial, and peace officer |
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330 | 330 | | members [law enforcement officers] for that year; |
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331 | 331 | | (4) money necessary for the administration of the law |
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332 | 332 | | enforcement, [and] custodial, and peace officer supplemental |
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333 | 333 | | retirement fund; and |
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334 | 334 | | (5) money for service credit not previously |
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335 | 335 | | established, as provided by Section 813.202(c) or 813.302(d). |
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336 | 336 | | SECTION 21. Section 815.505, Government Code, is amended to |
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337 | 337 | | read as follows: |
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338 | 338 | | Sec. 815.505. CERTIFICATION OF NAMES OF LAW ENFORCEMENT, |
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339 | 339 | | JUVENILE JUSTICE, [AND] CUSTODIAL, AND PEACE OFFICERS. (a) Not |
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340 | 340 | | later than the 12th day of the month following the month in which a |
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341 | 341 | | person begins or ceases employment as a law enforcement, juvenile |
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342 | 342 | | justice, [officer or] custodial, or peace officer, the Public |
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343 | 343 | | Safety Commission, the Texas Alcoholic Beverage Commission, the |
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344 | 344 | | Parks and Wildlife Commission, the office of the attorney general, |
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345 | 345 | | the [office of inspector general at the] Texas Juvenile Justice |
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346 | 346 | | Department, the Board of Pardons and Paroles, or the Texas Board of |
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347 | 347 | | Criminal Justice, and any other state employer, as applicable, |
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348 | 348 | | shall certify to the retirement system, in the manner prescribed by |
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349 | 349 | | the system, the name of the employee and such other information as |
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350 | 350 | | the system determines is necessary for the crediting of service and |
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351 | 351 | | financing of benefits under this subtitle. |
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352 | 352 | | (b) Not later than the 12th day of the month following the |
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353 | 353 | | month in which a person begins or ceases employment as a peace |
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354 | 354 | | officer, an employer required to provide information about a person |
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355 | 355 | | identified as being employed in a position as a peace officer under |
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356 | 356 | | Section 825.515 shall certify to the retirement system, in the |
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357 | 357 | | manner prescribed by the system, the name of the employee and such |
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358 | 358 | | other information as the system determines is necessary for the |
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359 | 359 | | crediting of service and financing of benefits under this subtitle. |
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360 | 360 | | SECTION 22. Section 822.002(a), Government Code, is amended |
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361 | 361 | | to read as follows: |
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362 | 362 | | (a) An employee of the public school system is not permitted |
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363 | 363 | | to be a member of the retirement system if the employee: |
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364 | 364 | | (1) is eligible and elects to participate in the |
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365 | 365 | | optional retirement program under Chapter 830; |
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366 | 366 | | (2) is eligible and elects to participate in the |
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367 | 367 | | Employees Retirement System of Texas law enforcement, custodial, |
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368 | 368 | | and peace officer supplemental retirement fund under Section |
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369 | 369 | | 803.2015; |
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370 | 370 | | (3) is required to participate in the Employees |
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371 | 371 | | Retirement System of Texas law enforcement, custodial, and peace |
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372 | 372 | | officer supplemental retirement fund as a member of the employee |
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373 | 373 | | class under Section 812.003(b-1); or |
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374 | 374 | | (4) [(2)] has retired under the retirement system and |
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375 | 375 | | has not been reinstated to membership pursuant to Section 824.005 |
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376 | 376 | | or 824.307. |
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377 | 377 | | SECTION 23. Section 840.301(a), Government Code, is amended |
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378 | 378 | | to read as follows: |
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379 | 379 | | (a) The board of trustees may, under the standard of care |
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380 | 380 | | provided by Section 840.303, invest and reinvest the retirement |
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381 | 381 | | system's assets and may commingle assets of the trust fund with the |
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382 | 382 | | assets of the Employees Retirement System of Texas, including its |
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383 | 383 | | trust fund and the law enforcement, [and] custodial, and peace |
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384 | 384 | | officer supplemental retirement fund, for investment purposes, as |
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385 | 385 | | long as proportionate ownership records are maintained and |
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386 | 386 | | credited. |
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387 | 387 | | SECTION 24. Section 133.102(e), Local Government Code, is |
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388 | 388 | | amended to read as follows: |
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389 | 389 | | (e) The comptroller shall allocate the court costs received |
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390 | 390 | | under this section to the following accounts and funds so that each |
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391 | 391 | | receives to the extent practicable, utilizing historical data as |
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392 | 392 | | applicable, the same amount of money the account or fund would have |
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393 | 393 | | received if the court costs for the accounts and funds had been |
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394 | 394 | | collected and reported separately, except that the account or fund |
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395 | 395 | | may not receive less than the following percentages: |
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396 | 396 | | (1) crime stoppers assistance0.2581 percent; |
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397 | 397 | | (2) breath alcohol testing0.5507 percent; |
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398 | 398 | | (3) Bill Blackwood Law Enforcement Management |
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399 | 399 | | Institute2.1683 percent; |
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400 | 400 | | (4) law enforcement officers standards and |
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401 | 401 | | education5.0034 percent; |
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402 | 402 | | (5) law enforcement, [and] custodial, and peace |
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403 | 403 | | officer supplemental retirement fund11.1426 percent; |
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404 | 404 | | (6) criminal justice planning12.5537 percent; |
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405 | 405 | | (7) an account in the state treasury to be used only |
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406 | 406 | | for the establishment and operation of the Center for the Study and |
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407 | 407 | | Prevention of Juvenile Crime and Delinquency at Prairie View A&M |
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408 | 408 | | University1.2090 percent; |
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409 | 409 | | (8) compensation to victims of crime fund37.6338 |
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410 | 410 | | percent; |
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411 | 411 | | (9) emergency radio infrastructure account5.5904 |
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412 | 412 | | percent; |
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413 | 413 | | (10) judicial and court personnel training fund4.8362 |
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414 | 414 | | percent; |
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415 | 415 | | (11) an account in the state treasury to be used for |
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416 | 416 | | the establishment and operation of the Correctional Management |
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417 | 417 | | Institute of Texas and Criminal Justice Center Account1.2090 |
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418 | 418 | | percent; and |
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419 | 419 | | (12) fair defense account17.8448 percent. |
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420 | 420 | | SECTION 25. The name of the law enforcement and custodial |
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421 | 421 | | officer supplemental retirement fund is changed to the law |
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422 | 422 | | enforcement, custodial, and peace officer supplemental retirement |
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423 | 423 | | fund. A reference in Subtitle B, Title 8, Government Code, or other |
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424 | 424 | | law to the law enforcement and custodial officer supplemental |
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425 | 425 | | retirement fund means the law enforcement, custodial, and peace |
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426 | 426 | | officer supplemental retirement fund. |
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427 | 427 | | SECTION 26. (a) Not later than December 31, 2019, a person |
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428 | 428 | | who is a member of the Teacher Retirement System of Texas and is |
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429 | 429 | | identified under Section 825.515, Government Code, as being |
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430 | 430 | | employed as a peace officer shall decide whether to: |
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431 | 431 | | (1) remain a member in the Teacher Retirement System |
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432 | 432 | | of Texas; or |
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433 | 433 | | (2) become a member of the employee class as a peace |
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434 | 434 | | officer participating in the Employees Retirement System of Texas |
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435 | 435 | | law enforcement, custodial, and peace officer supplemental |
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436 | 436 | | retirement fund effective January 1, 2020. |
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437 | 437 | | (b) Not later than December 31, 2019, a person who is a |
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438 | 438 | | member of the Employees Retirement System of Texas, holds a |
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439 | 439 | | position as a law enforcement, juvenile justice, custodial, or |
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440 | 440 | | peace officer, and was not eligible before the effective date of |
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441 | 441 | | this Act to participate in the law enforcement and custodial |
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442 | 442 | | officer supplemental retirement fund shall decide whether to: |
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443 | 443 | | (1) remain a member of the Employees Retirement System |
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444 | 444 | | of Texas without participating in the law enforcement, custodial, |
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445 | 445 | | and peace officer supplemental retirement fund; or |
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446 | 446 | | (2) begin participation in the Employees Retirement |
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447 | 447 | | System of Texas law enforcement, custodial, and peace officer |
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448 | 448 | | supplemental retirement fund effective January 1, 2020. |
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449 | 449 | | (c) The retirement benefits of a person who opts to begin |
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450 | 450 | | participation in the Employees Retirement System of Texas law |
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451 | 451 | | enforcement, custodial, and peace officer supplemental retirement |
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452 | 452 | | fund under Subsection (a) or (b) of this section shall be divided as |
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453 | 453 | | if the benefits were based on service credit earned in two separate |
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454 | 454 | | retirement systems as follows: |
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455 | 455 | | (1) service credit earned before January 1, 2020; and |
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456 | 456 | | (2) service credit earned on or after January 1, 2020. |
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457 | 457 | | (d) A person who earns service credit described by |
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458 | 458 | | Subsections (c)(1) and (2) of this section is eligible to have that |
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459 | 459 | | credit treated as combined service credit under Chapter 803, |
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460 | 460 | | Government Code, as amended by this Act. |
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461 | 461 | | SECTION 27. This Act takes effect September 1, 2019. |
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