By: Lopez of Cameron H.B. No. 4694
A BILL TO BE ENTITLED
AN ACT
relating to benefits available under the Employees Retirement
System of Texas for certain retirees who resume membership in the
employee class of membership.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 812.201, Government Code, is amended by
amending Subsections (a) and (c) and adding Subsections (c-1) and
(d) to read as follows:
(a) Except as provided by Subsection (c) or (d), a retiree
may not rejoin the retirement system as a member of the class from
which the person retired.
(c) A person who is retired from the elected class of
membership and who again holds a position included in that class may
elect to become a member again by filing notice with the retirement
system.
(c-1) Except as provided by Section 812.203(c), when
benefit payments are resumed for a person described by Subsection
(c) or (d), as applicable, the retirement system shall recompute
the annuity selected at the time of the person's original
retirement to include the additional service established during
membership under Subsection (c) or (d), as applicable [this
subsection].
(d) A person who is retired from the employee class of
membership and who again holds a position included in that class may
elect to become a member again, if:
(1) the person has 25 or more years of service credit
in the employee class of membership some of which was earned as the
head of a state agency;
(2) the position the person holds on rejoining the
retirement system:
(A) requires appointment by the governor, with
the advice and consent of the senate; and
(B) is provided a salary under the General
Appropriations Act; and
(3) the person files notice with the retirement
system.
SECTION 2. Section 812.202(b), Government Code, is amended
to read as follows:
(b) Unless the retiree resumes membership under Section
812.201(d), the [The] payment of benefits to a retiree for service
credited in the employee class of membership is not affected by the
retiree's taking a position included in the employee class.
SECTION 3. Sections 812.203(a) and (c), Government Code,
are amended to read as follows:
(a) If a retiree takes the oath for a position included in
the elected class of membership, the retirement system shall
suspend annuity payments to the person for service that was
credited in that class, until the person no longer holds that
position. If a retiree of the employee class elects to become a
member again under Section 812.201(d), the retirement system shall
suspend annuity payments to the person for service that was
credited in that class, until the person no longer holds that
position.
(c) If a member who originally retired with service credited
at the time of that retirement only in the elected class of
membership again retires, the person at the time of subsequent
retirement may select an annuity based on service in the elected
class as if the person were retiring for the first time. If a member
who originally retired with service credited at the time of that
retirement only in the employee class of membership again retires,
the person at the time of subsequent retirement may select an
annuity based on service in the employee class as if the person were
retiring for the first time. If the person selects an annuity under
Section 814.108(c)(3) or (4) [(c)(4)], the retirement system shall
reduce the number of months of guaranteed payment by the number of
months for which an annuity was paid under the person's original
retirement.
SECTION 4. This Act takes effect September 1, 2025.