88R9815 BDP-D
 
  By: Bryant H.B. No. 3869
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the retirement eligibility of certain peace officers
  who are members of the Teacher Retirement System of Texas.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 824.202, Government Code, is amended by
  amending Subsections (a-2), (b-2), and (d-2) and adding Subsections
  (a-3), (b-3), and (d-3) to read as follows:
         (a-2)  Except as provided by Subsection (a-3), this [This]
  subsection applies only to a person who does not have at least five
  years of service credit in the retirement system on or before August
  31, 2014, or who becomes a member of the retirement system on or
  after September 1, 2014. A member subject to this subsection is
  eligible to retire and receive a standard service retirement
  annuity if:
               (1)  the member is at least 65 years old and has at
  least five years of service credit in the retirement system; or
               (2)  the member is at least 62 years old and has at
  least five years of service credit in the retirement system and the
  sum of the member's age and amount of service credit in the
  retirement system equals the number 80.
         (a-3)  Subsection (a-2) does not apply to a member who is a
  peace officer licensed under Subchapter G, Chapter 1701,
  Occupations Code, and who is employed and commissioned as a peace
  officer under Section 37.081 or 51.203, Education Code, and
  assigned to the duty of a peace officer at the time the member
  retires.  A person described by this subsection is subject to
  Subsection (a) or (a-1), as appropriate.  This subsection does not
  apply to a member who is employed as security personnel under
  Section 37.081, Education Code, and assigned to the duty of
  security personnel at the time the member retires.
         (b-2)  Except as provided by Subsection (b-3), this [This]
  subsection applies only to a person who does not have at least five
  years of service credit in the retirement system on or before August
  31, 2014, or who becomes a member of the retirement system on or
  after September 1, 2014. If a member subject to this subsection is
  at least 55 years old and has at least five years of service credit
  in the retirement system, but does not meet the requirements under
  Subsection (d-2), the member is eligible to retire and receive a
  service retirement annuity reduced from the standard service
  retirement annuity available under Subsection (a-2)(1), to a
  percentage derived from the following table:
 
Age at date of retirement 55 56 57 58 59 60 61 62 63 64 65
 
Age at date of retirement 55 56 57 58 59 60 61 62 63 64 65
 
Percentage of standard annuity receivable 47% 51% 55% 59% 63% 67% 73% 80% 87% 93% 100%
 
Percentage of standard annuity receivable 47% 51% 55% 59% 63% 67% 73% 80% 87% 93% 100%
 
Percentage of standard annuity receivable 47% 51% 55% 59% 63% 67% 73% 80% 87% 93% 100%
         (b-3)  Subsection (b-2) does not apply to a member who is a
  peace officer licensed under Subchapter G, Chapter 1701,
  Occupations Code, and who is employed and commissioned as a peace
  officer under Section 37.081 or 51.203, Education Code, and
  assigned to the duty of a peace officer at the time the member
  retires.  A person described by this subsection is subject to
  Subsection (b) or (b-1), as appropriate.  This subsection does not
  apply to a member who is employed as security personnel under
  Section 37.081, Education Code, and assigned to the duty of
  security personnel at the time the member retires.
         (d-2)  Except as provided by Subsection (d-3), this [This]
  subsection applies only to a person who does not have at least five
  years of service credit in the retirement system on or before August
  31, 2014, or who becomes a member of the retirement system on or
  after September 1, 2014. If the sum of the member's age and amount
  of service credit in the retirement system equals the number 80,
  with at least five years of service credit, or if the member has at
  least 30 years of service credit in the retirement system, the
  member is eligible to retire regardless of age and receive a service
  retirement annuity consisting of the standard service retirement
  annuity available under Subsection (a-2)(2) decreased by five
  percent for each year of age under 62 years.
         (d-3)  Subsection (d-2) does not apply to a member who is a
  peace officer licensed under Subchapter G, Chapter 1701,
  Occupations Code, and who is employed and commissioned as a peace
  officer under Section 37.081 or 51.203, Education Code, and
  assigned to the duty of a peace officer at the time the member
  retires.  A person described by this subsection is subject to
  Subsection (d) or (d-1), as appropriate.  This subsection does not
  apply to a member who is employed as security personnel under
  Section 37.081, Education Code, and assigned to the duty of
  security personnel at the time the member retires.
         SECTION 2.  Section 824.202, Government Code, as amended by
  this Act, applies only to a peace officer who is a member of the
  Teacher Retirement System of Texas and who retires on or after the
  effective date of this Act. A peace officer who is a member of the
  Teacher Retirement System of Texas and who retires before the
  effective date of this Act is subject to the law in effect on the
  date the peace officer retired, and that law is continued in effect
  for that purpose.
         SECTION 3.  This Act takes effect September 1, 2023.