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H.B. No. 3200
AN ACT
relating to single employer benefit plans.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 810.001, Government Code, is amended by
adding Subsection (j) to read as follows:
(j) A single governmental employer is not considered to be
permitting a person who is a public employee, officer, or retiree of
that employer to be receiving benefits from more than one system or
program of retirement for the same service if:
(1) the employer participates in the Texas Municipal
Retirement System or the Texas County and District Retirement
System and also sponsors one or more supplemental plans:
(A) funded by the employer, the employee, or a
combination of the employer and the employee; and
(B) established before January 1, 2005; and
(2) the amount of the combined benefits paid to the
person by the Texas Municipal Retirement System or the Texas County
and District Retirement System and all of the supplemental plans
described by Subdivision (1) is in compliance with Section 415,
Internal Revenue Code of 1986.
SECTION 2. All acts and proceedings of a political entity to
establish, finance, or administer a supplemental plan established
before January 1, 2005, that occurred before the effective date of
this Act and that would have been authorized by Section 810.001,
Government Code, as amended by this Act, are validated as of the
dates the acts and proceedings occurred. The acts and proceedings
may not be held invalid because they were not performed in
accordance with law.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3200 was passed by the House on May 9,
2005, by the following vote: Yeas 141, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3200 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor