By: Gutierrez S.B. No. 1270
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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, [or] the
  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) [(2)]  has retired under the retirement system and
  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.