By: Talton Senate Sponsor-Ellis H.B. No. 3609
       (In the Senate - Received from the House May 14, 2007;
May 15, 2007, read first time and referred to Committee on
Administration; May 19, 2007, reported adversely, with favorable
Committee Substitute by the following vote:  Yeas 5, Nays 0;
May 19, 2007, sent to printer.)
 
COMMITTEE SUBSTITUTE FOR H.B. No. 3609 By:  Brimer
 
A BILL TO BE ENTITLED
AN ACT
relating to membership and service credit in the Employees
Retirement System of Texas for certain employees.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 812.201, Government Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
       (a)  Except as provided by Subsection (c) or (d), a retiree
may not rejoin the retirement system as a member of the class from
which the person retired.
       (d)  A person who retired from the employee class of
membership with more than 14 years of service credit and who, after
retirement, resumed employment with a house of the legislature, not
as an employee of an individual member, is entitled, on request to
the retirement system, to resume membership in that class and
receive service credit for the period served in that position after
retirement.  To receive the credit, the person is required to pay
employee contributions, without interest, for the period of service
after retirement.  The contributions may be deducted from the
person's annuity as recalculated under this subsection.  This
subsection does not apply to a person whose post-retirement service
extends after January 1, 2007.
       SECTION 2.  (a)  A member of the Employees Retirement System
of Texas who is an appointed or elected officer of the 80th Senate
of the State of Texas, as determined by the Senate Journal, who has
at least 20 years of service credit in the retirement system, may
transfer the person's service credit to the elected class.  A person
who makes a transfer under this provision may continue to transfer
the credit between classes before or after retirement.
       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, 2007.
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