Bill Text: TX SB1621 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the eligibility for a service retirement annuity of certain members and annuitants of a public retirement system convicted of certain felony offenses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-24 - Referred to State Affairs [SB1621 Detail]
Download: Texas-2021-SB1621-Introduced.html
87R6460 JCG-D | ||
By: Bettencourt | S.B. No. 1621 |
|
||
|
||
relating to the eligibility for a service retirement annuity of | ||
certain members and annuitants of a public retirement system | ||
convicted of certain felony offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 810.003, Government Code, | ||
is amended to read as follows: | ||
Sec. 810.003. CERTAIN ELECTED OFFICIALS AND PUBLIC | ||
EMPLOYEES INELIGIBLE FOR RETIREMENT ANNUITY. | ||
SECTION 2. Sections 810.003(b), (c), (e), (f), (g), (h), | ||
and (k), Government Code, are amended to read as follows: | ||
(b) This section applies only to a person who is: | ||
(1) a member of the elected class of the Employees | ||
Retirement System of Texas as described by Section 812.002(a)(1) or | ||
(2); [ |
||
(2) [ |
||
retirement system wholly or partly because the person was elected | ||
or appointed to an elected office, other than a member described by | ||
Subdivision (1); or | ||
(3) a member or annuitant of a public retirement | ||
system employed by the associated governmental entity of the public | ||
retirement system, other than a person described by Subdivision (1) | ||
or (2). | ||
(c) To the extent permitted under Section 66, Article XVI, | ||
Texas Constitution, and consistent with a requirement that the | ||
retirement system maintain the qualified status of the system's | ||
benefit plan under Section 401(a), Internal Revenue Code of 1986, | ||
and notwithstanding any other law and except [ |
||
by Subsection (d), a person [ |
||
is not eligible to receive a service retirement annuity under the | ||
retirement system if the person [ |
||
(1) described by Subsection (b)(1) or (2) and is | ||
convicted of a qualifying felony committed while in office and | ||
arising directly from the official duties of that elected office; | ||
or | ||
(2) described by Subsection (b)(3) and is convicted of | ||
a qualifying felony described by Subsection (a)(2)(B) or conspiracy | ||
or the attempt to commit a qualifying felony described by | ||
Subsection (a)(2)(B) while employed by the associated governmental | ||
entity and arising directly from the official duties related to | ||
that employment. | ||
(e) Not later than the 30th day after the conviction of a | ||
person of a qualifying felony, the governmental entity [ |
||
the person was elected or appointed to or is employed by must | ||
provide written notice of the conviction to the public retirement | ||
system in which the person participates [ |
||
must comply with the administrative rules adopted by the public | ||
retirement system under Subsection (j). | ||
(f) A person [ |
||
retirement annuity under Subsection (c) is entitled to a refund of | ||
the person's [ |
||
including interest earned on those contributions. A refund under | ||
this subsection is subject to an award of all or part of the | ||
person's [ |
||
former spouse, including as a just and right division of the | ||
contributions on divorce, payment of child support, or payment of | ||
spousal maintenance or contractual alimony or other order of a | ||
court. | ||
(g) Benefits payable to an alternate payee under Chapter 804 | ||
who is recognized by a qualified domestic relations order | ||
established before the effective date of this subsection are not | ||
affected by a person's [ |
||
service retirement annuity under Subsection (c). | ||
(h) On conviction of a person [ |
||
qualifying felony: | ||
(1) a court may, in the same manner as in a divorce or | ||
annulment proceeding, make a just and right division of the | ||
person's [ |
||
person's [ |
||
interest in the annuity forfeited by the person [ |
||
(2) a court shall, if the person's [ |
||
retirement annuity was partitioned or exchanged by written | ||
agreement of the spouses as provided by Subchapter B, Chapter 4, | ||
Family Code, before the person's [ |
||
offense, award the annuity forfeited by the person [ |
||
person's [ |
||
(k) A court of this state shall notify the retirement system | ||
of [ |
||
of a person [ |
||
SECTION 3. Section 810.003, Government Code, as amended by | ||
this Act, applies only to a member or annuitant of a public | ||
retirement system who commits an offense on or after the effective | ||
date of this Act. A member or annuitant of a public retirement | ||
system who commits an offense before the effective date of this Act | ||
is governed by the law in effect on the date the offense was | ||
committed, and the former law is continued in effect for that | ||
purpose. For purposes of this section, an offense was committed | ||
before the effective date of this Act if any element of the offense | ||
occurred before that date. | ||
SECTION 4. This Act takes effect September 1, 2021. |