| 1 | 1 | | 86R7527 KFF-F |
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| 2 | 2 | | By: Paxton S.B. No. 1375 |
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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 terminating participation in the Texas Emergency |
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| 8 | 8 | | Services Retirement System. |
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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 862.001, Government Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 862.001. PARTICIPATION BY DEPARTMENT. (a) The |
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| 13 | 13 | | governing body of a department that performs emergency services |
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| 14 | 14 | | may, in the manner provided for taking official action by the body, |
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| 15 | 15 | | elect to participate in the pension system. A governing body shall |
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| 16 | 16 | | notify the executive director as soon as practicable of an election |
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| 17 | 17 | | made under this subsection. [Except as provided by Subsection (b), |
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| 18 | 18 | | an election to participate under this subsection is irrevocable.] |
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| 19 | 19 | | (b) Except as provided by Subsection (c), the [The] |
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| 20 | 20 | | governing body of a department that makes an election under |
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| 21 | 21 | | Subsection (a) may not terminate participation in the pension |
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| 22 | 22 | | system [not later than the fifth anniversary of the date of the |
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| 23 | 23 | | election to participate, except that a department that begins |
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| 24 | 24 | | participation after September 1, 2005, may not terminate that |
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| 25 | 25 | | participation]. |
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| 26 | 26 | | (c) The governing body of a department that makes an |
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| 27 | 27 | | election under Subsection (a) may terminate participation in the |
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| 28 | 28 | | pension system if: |
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| 29 | 29 | | (1) the department consists of both volunteer |
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| 30 | 30 | | firefighters and at least six full-time firefighters; |
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| 31 | 31 | | (2) the full-time firefighters described by |
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| 32 | 32 | | Subdivision (1) are employees of a home-rule municipality: |
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| 33 | 33 | | (A) governed by the same governing body; and |
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| 34 | 34 | | (B) of which the department is a part; and |
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| 35 | 35 | | (3) the governing body elects to provide retirement |
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| 36 | 36 | | benefits to the volunteer firefighters described by Subdivision (1) |
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| 37 | 37 | | through participation in an alternative retirement system. |
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| 38 | 38 | | (d) If a governing body of a department elects to terminate |
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| 39 | 39 | | participation in the pension system under Subsection (c), the |
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| 40 | 40 | | department forfeits all contributions to the system necessary to |
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| 41 | 41 | | pay the benefits of vested members. |
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| 42 | 42 | | (e) The state board may adopt rules necessary to implement |
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| 43 | 43 | | this section. |
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| 44 | 44 | | SECTION 2. This Act takes effect September 1, 2019. |
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