Bill Text: TX HB626 | 2013-2014 | 83rd Legislature | Engrossed
Bill Title: Relating to the number of hours certain employees must work to be eligible to participate in the Texas Municipal Retirement System.
Sponsorship: Partisan Bill (Republican 2)
Status: (Engrossed - Dead) 2013-05-09 - Referred to State Affairs [HB626 Detail]
Download: Texas-2013-HB626-Engrossed.html
| By: Harper-Brown, Capriglione | H.B. No. 626 | |
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| relating to the number of hours certain employees must work to be | ||
| eligible to participate in the Texas Municipal Retirement System. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 851.001(8), Government Code, is amended | ||
| to read as follows: | ||
| (8) "Employee" means a person, including a person | ||
| serving a period of probationary employment, who receives | ||
| compensation from and is certified by a municipality as being | ||
| regularly engaged in the performance of duties of: | ||
| (A) an appointive office or position that | ||
| normally requires services from the person for not less than 1,000 | ||
| hours a year or the number of hours required by an ordinance adopted | ||
| under Section 851.0011; or | ||
| (B) an elective office that normally requires | ||
| services from the person for not less than 1,000 hours a year, in a | ||
| municipality that began participating in the retirement system | ||
| after December 31, 1981, or that has adopted a membership | ||
| requirement under Section 852.107. | ||
| SECTION 2. Subchapter A, Chapter 851, Government Code, is | ||
| amended by adding Section 851.0011 to read as follows: | ||
| Sec. 851.0011. OPTIONAL ALTERNATIVE DEFINITION OF | ||
| EMPLOYEE. (a) The governing body of a participating municipality | ||
| by ordinance may adopt an alternative definition of "employee" for | ||
| purposes of this subtitle only to the extent that the alternative | ||
| definition increases the number of hours a person in an appointive | ||
| office or position, other than a person employed by the | ||
| municipality in any position in the municipal police or fire | ||
| department, is normally required to serve under Section | ||
| 851.001(8)(A) from not less than 1,000 hours a year to not less than | ||
| 1,500 hours a year. | ||
| (b) An ordinance under this section: | ||
| (1) subject to Subsection (c), must designate an | ||
| effective date of the ordinance; and | ||
| (2) may apply only to an employee of the participating | ||
| municipality who is hired on or after the effective date of the | ||
| ordinance. | ||
| (c) The earliest permissible effective date of an ordinance | ||
| under this section is the first day of the next month following the | ||
| first full calendar month following the date the participating | ||
| municipality provides notice and a copy of the ordinance to the | ||
| retirement system. | ||
| (d) The board of trustees may adopt rules limiting the | ||
| frequency with which participating municipalities may adopt | ||
| alternative definitions of "employee" through: | ||
| (1) adoption of an ordinance under Subsection (a); or | ||
| (2) modification or repeal of an ordinance adopted | ||
| under Subsection (a). | ||
| SECTION 3. Nothing in this Act is intended to change the law | ||
| with respect to the ability of a retiree to receive a retirement | ||
| annuity after resuming employment with the same or a different | ||
| municipality that participates in the Texas Municipal Retirement | ||
| System. | ||
| SECTION 4. This Act takes effect September 1, 2013. | ||
