By: Guillen H.B. No. 4141
A BILL TO BE ENTITLED
AN ACT
relating to eligibility for membership and funding of benefits for
certain law enforcement, custodial, and other peace officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 803, Government Code, is
amended by adding Section 803.2015 to read as follows:
Sec. 803.2015. COMBINED SERVICE CREDIT FOR CERTAIN PEACE
OFFICERS. (a) This section applies to a person who, on December
31, 2023:
(1) is a member of the Teacher Retirement System of
Texas, who:
(A) is identified under Section 825.515 as being
employed in a position as a peace officer; and
(B) elects to begin membership as a peace officer
participating in the Employees Retirement System of Texas law
enforcement and custodial officer supplemental retirement fund
beginning January 1, 2024.
(b) For the purposes of this chapter, service credit earned
by a person described by Subsection (a) is considered service
credit earned in two retirement systems and is subject to Section
803.201. The membership on which combined service credit is based
is service credit accrued:
(1) before beginning participation in the Employees
Retirement System of Texas law enforcement and custodial officer
supplemental retirement fund; and
(2) after beginning participation in the Employees
Retirement System of Texas law enforcement and custodial officer
supplemental retirement fund.
SECTION 2. Section 811.001, Government Code, is amended by
amending Subdivision (9) and adding Subdivisions (8-b) and (12-b)
to read as follows:
(9) "Law enforcement officer" means a member of the
retirement system who:
(A) has been commissioned as a law enforcement
officer by the Department of Public Safety, the Texas Alcoholic
Beverage Commission, the Parks and Wildlife Department, [or] the
office of inspector general at the Texas Juvenile Justice
Department, or is a person identified under Section 825.515 as
being employed in a position as a peace officer,; and
(B) is recognized as a commissioned law
enforcement officer by the Texas Commission on Law Enforcement.
SECTION 3. Section 812.003, Government Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) An office or employment that is included in the coverage
of the Teacher Retirement System of Texas, other than in a position
identified as a peace officer position under Section 825.515, the
Judicial Retirement System of Texas Plan One, or the Judicial
Retirement System of Texas Plan Two or, except as provided by
Section 9.01, Chapter 238 (S.B. 378), Acts of the 73rd Legislature,
Regular Session, 1993, is with a university system or institution
of higher education, as defined by Section 61.003, Education Code,
is not a position with a department, commission, board, agency, or
institution of the state for purposes of this subtitle.
(b-1) Membership in the employee class includes any person
who is certified as being employed in a position as a peace officer
under Section 815.505.
SECTION 4. Section 815.505, Government Code, is amended to
read as follows:
Sec. 815.505. CERTIFICATION OF NAMES OF LAW ENFORCEMENT AND
CUSTODIAL OFFICERS. (a) Not later than the 12th day of the month
following the month in which a person begins or ceases employment as
a law enforcement officer or custodial officer, the Public Safety
Commission, the Texas Alcoholic Beverage Commission, the Parks and
Wildlife Commission, the office of inspector general at the Texas
Juvenile Justice Department, the Board of Pardons and Paroles, or
the Texas Board of Criminal Justice, as applicable, shall certify
to the retirement system, in the manner prescribed by the system,
the name of the employee and such other information as the system
determines is necessary for the crediting of service and financing
of benefits under this subtitle.
(b) Not later than the 12th day of the month following the
month in which a person begins or ceases employment with an employer
required to provide information about a person identified as being
employed in a position as a peace officer under Section 825.515
shall certify to the retirement system, in the manner prescribed by
the system, the name of the employee and such other information as
the system determines is necessary for the crediting of service and
financing of benefits under this subtitle.
SECTION 5. Section 822.002(a), Government Code, is amended
to read as follows:
(a) An employee of the public school system is not permitted
to be a member of the retirement system if the employee:
(1) is eligible and elects to participate in the
optional retirement program under Chapter 830;
(2) is eligible and elects to participate in the
Employees Retirement System of Texas law enforcement and custodial
officer supplemental retirement fund under Section 803.2015;
(3) is required to participate in the Employees
Retirement System of Texas law enforcement and custodial officer
supplemental retirement fund as a member of the employee class
under Section 812.003(b-1); or
(4) [(2)] has retired under the retirement system and
has not been reinstated to membership pursuant to Section 824.005
or 824.307.
SECTION 6. (a) Not later than December 31, 2023, a person
who is a member of the Teacher Retirement System of Texas and is
identified under Section 825.515, Government Code, as being
employed as a peace officer shall decide whether to:
(1) remain a member in the Teacher Retirement System
of Texas; or
(2) become a member of the employee class as a peace
officer participating in the Employees Retirement System of Texas
law enforcement and custodial officer supplemental retirement fund
effective January 1, 2024.
(b) The retirement benefits of a person who opts to begin
participation in the Employees Retirement System of Texas law
enforcement and custodial officer supplemental retirement fund
under Subsection (a) of this section shall be divided as if the
benefits were based on service credit earned in two separate
retirement systems as follows:
(1) service credit earned before January 1, 2024; and
(2) service credit earned on or after January 1, 2024.
(d) A person who earns service credit described by
Subsections (b)(1) and (2) of this section is eligible to have that
credit treated as combined service credit under Chapter 803,
Government Code, as amended by this Act.
SECTION 7. This Act takes effect September 1, 2023.