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A BILL TO BE ENTITLED
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AN ACT
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relating to eligibility for and the establishment of service credit |
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in the Employees Retirement System of Texas for military service. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 813.302, Government Code, is amended by |
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amending Subsections (b) and (d) and adding Subsection (f) to read |
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as follows: |
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(b) A member eligible to establish military service credit |
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is one who: |
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(1) except as provided by Subsection (f), does not |
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receive and is not eligible to receive federal retirement payments |
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based on 20 years or more of active federal military duty or its |
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equivalent; |
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(2) has been released from military duty under |
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conditions not dishonorable; and |
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(3) has credit in the retirement system for membership |
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service performed after the member's date of release from active |
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military duty. |
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(d) Except as provided by Subsection (f), the [The] state |
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shall contribute for service established under this section an |
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amount in the same ratio to the member's contribution for the |
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service as the state's contribution bears to the contribution for |
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current service required of a member of the employee class at the |
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time the service is established under this section. The state's |
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contribution shall be paid from the fund from which the member |
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receives compensation at the time the service is established or, if |
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the member does not hold a position at the time the service is |
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established, from the fund from which the member received |
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compensation when the member most recently held a position. |
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(f) A member who receives or is eligible to receive federal |
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retirement payments based on 20 years or more of active federal |
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military duty or its equivalent may establish credit under this |
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section by depositing an amount equal to the sum of the amount |
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required of a member under Subsection (c) and an amount equal to the |
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amount that would constitute the state contribution under |
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Subsection (d) if the state were required to make a contribution. |
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The state is not required to make a contribution for the |
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establishment of service credit under this subsection. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |