Bill Text: TX SB1270 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to eligibility for membership and funding of benefits for certain law enforcement, custodial, and other peace officers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-09 - Referred to Finance [SB1270 Detail]
Download: Texas-2023-SB1270-Introduced.html
By: Gutierrez | S.B. No. 1270 | |
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relating to eligibility for membership and funding of benefits for | ||
certain law enforcement, custodial, and other peace officers. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter C, Chapter 803, Government Code, is | ||
amended by adding Section 803.2015 to read as follows: | ||
Sec. 803.2015. COMBINED SERVICE CREDIT FOR CERTAIN PEACE | ||
OFFICERS. (a) This section applies to a person who, on December | ||
31, 2023: | ||
(1) is a member of the Teacher Retirement System of | ||
Texas, who: | ||
(A) is identified under Section 825.515 as being | ||
employed in a position as a peace officer; and | ||
(B) elects to begin membership as a peace officer | ||
participating in the Employees Retirement System of Texas law | ||
enforcement and custodial officer supplemental retirement fund | ||
beginning January 1, 2024. | ||
(b) For the purposes of this chapter, service credit earned | ||
by a person described by Subsection (a) is considered service | ||
credit earned in two retirement systems and is subject to Section | ||
803.201. The membership on which combined service credit is based | ||
is service credit accrued: | ||
(1) before beginning participation in the Employees | ||
Retirement System of Texas law enforcement and custodial officer | ||
supplemental retirement fund; and | ||
(2) after beginning participation in the Employees | ||
Retirement System of Texas law enforcement and custodial officer | ||
supplemental retirement fund. | ||
SECTION 2. Section 811.001, Government Code, is amended by | ||
amending Subdivision (9) and adding Subdivisions (8-b) and (12-b) | ||
to read as follows: | ||
(9) "Law enforcement officer" means a member of the | ||
retirement system who: | ||
(A) has been commissioned as a law enforcement | ||
officer by the Department of Public Safety, the Texas Alcoholic | ||
Beverage Commission, the Parks and Wildlife Department, [ |
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office of inspector general at the Texas Juvenile Justice | ||
Department, or is a person identified under Section 825.515 as | ||
being employed in a position as a peace officer,; and | ||
(B) is recognized as a commissioned law | ||
enforcement officer by the Texas Commission on Law Enforcement. | ||
SECTION 3. Section 812.003, Government Code, is amended by | ||
amending Subsection (b) and adding Subsection (b-1) to read as | ||
follows: | ||
(b) An office or employment that is included in the coverage | ||
of the Teacher Retirement System of Texas, other than in a position | ||
identified as a peace officer position under Section 825.515, the | ||
Judicial Retirement System of Texas Plan One, or the Judicial | ||
Retirement System of Texas Plan Two or, except as provided by | ||
Section 9.01, Chapter 238 (S.B. 378), Acts of the 73rd Legislature, | ||
Regular Session, 1993, is with a university system or institution | ||
of higher education, as defined by Section 61.003, Education Code, | ||
is not a position with a department, commission, board, agency, or | ||
institution of the state for purposes of this subtitle. | ||
(b-1) Membership in the employee class includes any person | ||
who is certified as being employed in a position as a peace officer | ||
under Section 815.505. | ||
SECTION 4. Section 815.505, Government Code, is amended to | ||
read as follows: | ||
Sec. 815.505. CERTIFICATION OF NAMES OF LAW ENFORCEMENT AND | ||
CUSTODIAL OFFICERS. (a) Not later than the 12th day of the month | ||
following the month in which a person begins or ceases employment as | ||
a law enforcement officer or custodial officer, the Public Safety | ||
Commission, the Texas Alcoholic Beverage Commission, the Parks and | ||
Wildlife Commission, the office of inspector general at the Texas | ||
Juvenile Justice Department, the Board of Pardons and Paroles, or | ||
the Texas Board of Criminal Justice, as applicable, shall certify | ||
to the retirement system, in the manner prescribed by the system, | ||
the name of the employee and such other information as the system | ||
determines is necessary for the crediting of service and financing | ||
of benefits under this subtitle. | ||
(b) Not later than the 12th day of the month following the | ||
month in which a person begins or ceases employment with an employer | ||
required to provide information about a person identified as being | ||
employed in a position as a peace officer under Section 825.515 | ||
shall certify to the retirement system, in the manner prescribed by | ||
the system, the name of the employee and such other information as | ||
the system determines is necessary for the crediting of service and | ||
financing of benefits under this subtitle. | ||
SECTION 5. Section 822.002(a), Government Code, is amended | ||
to read as follows: | ||
(a) An employee of the public school system is not permitted | ||
to be a member of the retirement system if the employee: | ||
(1) is eligible and elects to participate in the | ||
optional retirement program under Chapter 830; | ||
(2) is eligible and elects to participate in the | ||
Employees Retirement System of Texas law enforcement and custodial | ||
officer supplemental retirement fund under Section 803.2015; | ||
(3) is required to participate in the Employees | ||
Retirement System of Texas law enforcement and custodial officer | ||
supplemental retirement fund as a member of the employee class | ||
under Section 812.003(b-1); or | ||
(4) [ |
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has not been reinstated to membership pursuant to Section 824.005 | ||
or 824.307. | ||
SECTION 6. (a) Not later than December 31, 2023, a person | ||
who is a member of the Teacher Retirement System of Texas and is | ||
identified under Section 825.515, Government Code, as being | ||
employed as a peace officer shall decide whether to: | ||
(1) remain a member in the Teacher Retirement System | ||
of Texas; or | ||
(2) become a member of the employee class as a peace | ||
officer participating in the Employees Retirement System of Texas | ||
law enforcement and custodial officer supplemental retirement fund | ||
effective January 1, 2024. | ||
(b) The retirement benefits of a person who opts to begin | ||
participation in the Employees Retirement System of Texas law | ||
enforcement and custodial officer supplemental retirement fund | ||
under Subsection (a) of this section shall be divided as if the | ||
benefits were based on service credit earned in two separate | ||
retirement systems as follows: | ||
(1) service credit earned before January 1, 2024; and | ||
(2) service credit earned on or after January 1, 2024. | ||
(d) A person who earns service credit described by | ||
Subsections (b)(1) and (2) of this section is eligible to have that | ||
credit treated as combined service credit under Chapter 803, | ||
Government Code, as amended by this Act. | ||
SECTION 7. This Act takes effect September 1, 2023. |