Texas 2023 - 88th Regular

Texas Senate Bill SB1270 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Gutierrez S.B. No. 1270
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to eligibility for membership and funding of benefits for
7	7	certain law enforcement, custodial, and other peace officers.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter C, Chapter 803, Government Code, is
10	10	amended by adding Section 803.2015 to read as follows:
11	11	Sec. 803.2015. COMBINED SERVICE CREDIT FOR CERTAIN PEACE
12	12	OFFICERS. (a) This section applies to a person who, on December
13	13	31, 2023:
14	14	(1) is a member of the Teacher Retirement System of
15	15	Texas, who:
16	16	(A) is identified under Section 825.515 as being
17	17	employed in a position as a peace officer; and
18	18	(B) elects to begin membership as a peace officer
19	19	participating in the Employees Retirement System of Texas law
20	20	enforcement and custodial officer supplemental retirement fund
21	21	beginning January 1, 2024.
22	22	(b) For the purposes of this chapter, service credit earned
23	23	by a person described by Subsection (a) is considered service
24	24	credit earned in two retirement systems and is subject to Section
25	25	803.201. The membership on which combined service credit is based
26	26	is service credit accrued:
27	27	(1) before beginning participation in the Employees
28	28	Retirement System of Texas law enforcement and custodial officer
29	29	supplemental retirement fund; and
30	30	(2) after beginning participation in the Employees
31	31	Retirement System of Texas law enforcement and custodial officer
32	32	supplemental retirement fund.
33	33	SECTION 2. Section 811.001, Government Code, is amended by
34	34	amending Subdivision (9) and adding Subdivisions (8-b) and (12-b)
35	35	to read as follows:
36	36	(9) "Law enforcement officer" means a member of the
37	37	retirement system who:
38	38	(A) has been commissioned as a law enforcement
39	39	officer by the Department of Public Safety, the Texas Alcoholic
40	40	Beverage Commission, the Parks and Wildlife Department, [or] the
41	41	office of inspector general at the Texas Juvenile Justice
42	42	Department, or is a person identified under Section 825.515 as
43	43	being employed in a position as a peace officer,; and
44	44	(B) is recognized as a commissioned law
45	45	enforcement officer by the Texas Commission on Law Enforcement.
46	46	SECTION 3. Section 812.003, Government Code, is amended by
47	47	amending Subsection (b) and adding Subsection (b-1) to read as
48	48	follows:
49	49	(b) An office or employment that is included in the coverage
50	50	of the Teacher Retirement System of Texas, other than in a position
51	51	identified as a peace officer position under Section 825.515, the
52	52	Judicial Retirement System of Texas Plan One, or the Judicial
53	53	Retirement System of Texas Plan Two or, except as provided by
54	54	Section 9.01, Chapter 238 (S.B. 378), Acts of the 73rd Legislature,
55	55	Regular Session, 1993, is with a university system or institution
56	56	of higher education, as defined by Section 61.003, Education Code,
57	57	is not a position with a department, commission, board, agency, or
58	58	institution of the state for purposes of this subtitle.
59	59	(b-1) Membership in the employee class includes any person
60	60	who is certified as being employed in a position as a peace officer
61	61	under Section 815.505.
62	62	SECTION 4. Section 815.505, Government Code, is amended to
63	63	read as follows:
64	64	Sec. 815.505. CERTIFICATION OF NAMES OF LAW ENFORCEMENT AND
65	65	CUSTODIAL OFFICERS. (a) Not later than the 12th day of the month
66	66	following the month in which a person begins or ceases employment as
67	67	a law enforcement officer or custodial officer, the Public Safety
68	68	Commission, the Texas Alcoholic Beverage Commission, the Parks and
69	69	Wildlife Commission, the office of inspector general at the Texas
70	70	Juvenile Justice Department, the Board of Pardons and Paroles, or
71	71	the Texas Board of Criminal Justice, as applicable, shall certify
72	72	to the retirement system, in the manner prescribed by the system,
73	73	the name of the employee and such other information as the system
74	74	determines is necessary for the crediting of service and financing
75	75	of benefits under this subtitle.
76	76	(b) Not later than the 12th day of the month following the
77	77	month in which a person begins or ceases employment with an employer
78	78	required to provide information about a person identified as being
79	79	employed in a position as a peace officer under Section 825.515
80	80	shall certify to the retirement system, in the manner prescribed by
81	81	the system, the name of the employee and such other information as
82	82	the system determines is necessary for the crediting of service and
83	83	financing of benefits under this subtitle.
84	84	SECTION 5. Section 822.002(a), Government Code, is amended
85	85	to read as follows:
86	86	(a) An employee of the public school system is not permitted
87	87	to be a member of the retirement system if the employee:
88	88	(1) is eligible and elects to participate in the
89	89	optional retirement program under Chapter 830;
90	90	(2) is eligible and elects to participate in the
91	91	Employees Retirement System of Texas law enforcement and custodial
92	92	officer supplemental retirement fund under Section 803.2015;
93	93	(3) is required to participate in the Employees
94	94	Retirement System of Texas law enforcement and custodial officer
95	95	supplemental retirement fund as a member of the employee class
96	96	under Section 812.003(b-1); or
97	97	(4) [(2)] has retired under the retirement system and
98	98	has not been reinstated to membership pursuant to Section 824.005
99	99	or 824.307.
100	100	SECTION 6. (a) Not later than December 31, 2023, a person
101	101	who is a member of the Teacher Retirement System of Texas and is
102	102	identified under Section 825.515, Government Code, as being
103	103	employed as a peace officer shall decide whether to:
104	104	(1) remain a member in the Teacher Retirement System
105	105	of Texas; or
106	106	(2) become a member of the employee class as a peace
107	107	officer participating in the Employees Retirement System of Texas
108	108	law enforcement and custodial officer supplemental retirement fund
109	109	effective January 1, 2024.
110	110	(b) The retirement benefits of a person who opts to begin
111	111	participation in the Employees Retirement System of Texas law
112	112	enforcement and custodial officer supplemental retirement fund
113	113	under Subsection (a) of this section shall be divided as if the
114	114	benefits were based on service credit earned in two separate
115	115	retirement systems as follows:
116	116	(1) service credit earned before January 1, 2024; and
117	117	(2) service credit earned on or after January 1, 2024.
118	118	(d) A person who earns service credit described by
119	119	Subsections (b)(1) and (2) of this section is eligible to have that
120	120	credit treated as combined service credit under Chapter 803,
121	121	Government Code, as amended by this Act.
122	122	SECTION 7. This Act takes effect September 1, 2023.