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. | ||
