Bill Text: TX HB925 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to credit in the Texas Municipal Retirement System for certain service as a reserve police officer.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-19 - Left pending in committee [HB925 Detail]
Download: Texas-2011-HB925-Introduced.html
82R2846 KFF-D | ||
By: Bonnen | H.B. No. 925 |
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relating to credit in the Texas Municipal Retirement System for | ||
certain service as a reserve police officer. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Subchapter F, Chapter 853, | ||
Government Code, is amended to read as follows: | ||
SUBCHAPTER F. MILITARY AND RESERVE SERVICE | ||
SECTION 2. The heading to Section 853.502, Government Code, | ||
is amended to read as follows: | ||
Sec. 853.502. OTHER MILITARY SERVICE CREDIT AND RESERVE | ||
CREDIT. | ||
SECTION 3. Section 853.502, Government Code, is amended by | ||
amending Subsection (a) and adding Subsection (c) to read as | ||
follows: | ||
(a) The governing body of a participating municipality by | ||
ordinance may authorize eligible members in its employment to | ||
establish credit in the retirement system for: | ||
(1) active military service performed as a member of | ||
the armed forces or armed forces reserves of the United States or | ||
their auxiliaries, for which service the members do not receive | ||
credit under Section 853.501; or | ||
(2) prior service performed as a volunteer reserve | ||
police officer for any participating municipality. | ||
(c) A member is eligible to establish credit for prior | ||
service performed as a volunteer reserve police officer under | ||
Subsection (a)(2) only if that member is employed as a full-time | ||
police officer for a participating municipality. | ||
SECTION 4. Section 853.503, Government Code, is amended to | ||
read as follows: | ||
Sec. 853.503. CONDITIONS FOR RECEIVING MILITARY SERVICE | ||
CREDIT. No person can receive credit for military service under | ||
this subchapter unless: | ||
(1) the person's military service was terminated by | ||
release from active duty or discharge on terms not dishonorable; | ||
(2) the person does not receive and is not eligible to | ||
receive federal retirement payments based on 20 years or more of | ||
active military service or its equivalent; and | ||
(3) the person does not have and does not receive | ||
credit for the service in any other public retirement system or | ||
program established under laws of this state. | ||
SECTION 5. The heading to Section 853.504, Government Code, | ||
is amended to read as follows: | ||
Sec. 853.504. ESTABLISHMENT OF MILITARY OR RESERVE SERVICE | ||
CREDIT. | ||
SECTION 6. Sections 853.504(b) and (c), Government Code, | ||
are amended to read as follows: | ||
(b) An eligible member seeking military or reserve service | ||
credit under Section 853.502 must file with the retirement system a | ||
written application for the credit, together with satisfactory | ||
evidence of the member's military or reserve service. For purposes | ||
of this section, a transcript issued by the Commission on Law | ||
Enforcement Officer Standards and Education that reflects a | ||
member's service as a reserve police officer for a participating | ||
municipality is considered satisfactory evidence of the member's | ||
reserve service. | ||
(c) No person may obtain credit under this subchapter for | ||
more than 60 months of combined military and reserve service. | ||
SECTION 7. The heading to Section 853.505, Government Code, | ||
is amended to read as follows: | ||
Sec. 853.505. USE OF MILITARY OR RESERVE SERVICE CREDIT. | ||
SECTION 8. Sections 853.505(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) The retirement system shall use military or reserve | ||
service credit established under this subchapter in determining | ||
length-of-service requirements for benefits. | ||
(b) Except as provided by Section 853.506, military service | ||
credit allowed under Section 853.501 and reserve service credit | ||
allowed under Section 853.502(a)(2) shall have no monetary value in | ||
calculating the annuity payments allowable to the member and shall | ||
not be used in other computations, including computation of updated | ||
service credits or prior service credits. | ||
SECTION 9. Section 341.012(h), Local Government Code, is | ||
amended to read as follows: | ||
(h) Reserve police officers may act only in a supplementary | ||
capacity to the regular police force and may not assume the | ||
full-time duties of regular police officers without complying with | ||
the requirements for regular police officers. On approval of the | ||
appointment of a member who is a peace officer as described by | ||
Article 2.12, Code of Criminal Procedure, the chief of police may | ||
authorize the person appointed to carry a weapon or act as a peace | ||
officer at all times, regardless of whether the person is engaged in | ||
the actual discharge of official duties, or may limit the authority | ||
of the person to carry a weapon or act as a peace officer to only | ||
those times during which the person is engaged in the actual | ||
discharge of official duties. A reserve police officer, regardless | ||
of whether the reserve police officer is a peace officer as | ||
described by Article 2.12, Code of Criminal Procedure, is not: | ||
(1) except as provided by Subchapter F, Chapter 853, | ||
Government Code, eligible for participation in any program provided | ||
by the governing body that is normally considered a financial | ||
benefit of full-time employment or for any pension fund created by | ||
statute for the benefit of full-time paid peace officers; or | ||
(2) exempt from Chapter 1702, Occupations Code. | ||
SECTION 10. This Act takes effect September 1, 2011. |