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A BILL TO BE ENTITLED
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AN ACT
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relating to credit in the Texas Municipal Retirement System for |
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certain service as a reserve police officer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter F, Chapter 853, |
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Government Code, is amended to read as follows: |
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SUBCHAPTER F. MILITARY AND RESERVE SERVICE |
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SECTION 2. The heading to Section 853.502, Government Code, |
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is amended to read as follows: |
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Sec. 853.502. OTHER MILITARY SERVICE CREDIT AND RESERVE |
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CREDIT. |
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SECTION 3. Section 853.502, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) The governing body of a participating municipality by |
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ordinance may authorize eligible members in its employment to |
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establish credit in the retirement system for: |
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(1) active military service performed as a member of |
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the armed forces or armed forces reserves of the United States or |
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their auxiliaries, for which service the members do not receive |
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credit under Section 853.501; or |
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(2) prior service performed as a volunteer reserve |
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police officer for any participating municipality. |
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(c) A member is eligible to establish credit for prior |
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service performed as a volunteer reserve police officer under |
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Subsection (a)(2) only if that member is employed as a full-time |
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police officer for a participating municipality. |
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SECTION 4. Section 853.503, Government Code, is amended to |
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read as follows: |
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Sec. 853.503. CONDITIONS FOR RECEIVING MILITARY SERVICE |
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CREDIT. No person can receive credit for military service under |
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this subchapter unless: |
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(1) the person's military service was terminated by |
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release from active duty or discharge on terms not dishonorable; |
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(2) the person does not receive and is not eligible to |
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receive federal retirement payments based on 20 years or more of |
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active military service or its equivalent; and |
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(3) the person does not have and does not receive |
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credit for the service in any other public retirement system or |
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program established under laws of this state. |
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SECTION 5. The heading to Section 853.504, Government Code, |
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is amended to read as follows: |
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Sec. 853.504. ESTABLISHMENT OF MILITARY OR RESERVE SERVICE |
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CREDIT. |
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SECTION 6. Sections 853.504(b) and (c), Government Code, |
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are amended to read as follows: |
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(b) An eligible member seeking military or reserve service |
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credit under Section 853.502 must file with the retirement system a |
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written application for the credit, together with satisfactory |
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evidence of the member's military or reserve service. For purposes |
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of this section, a transcript issued by the Commission on Law |
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Enforcement Officer Standards and Education that reflects a |
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member's service as a reserve police officer for a participating |
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municipality is considered satisfactory evidence of the member's |
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reserve service. |
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(c) No person may obtain credit under this subchapter for |
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more than 60 months of combined military and reserve service. |
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SECTION 7. The heading to Section 853.505, Government Code, |
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is amended to read as follows: |
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Sec. 853.505. USE OF MILITARY OR RESERVE SERVICE CREDIT. |
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SECTION 8. Sections 853.505(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) The retirement system shall use military or reserve |
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service credit established under this subchapter in determining |
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length-of-service requirements for benefits. |
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(b) Except as provided by Section 853.506, military service |
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credit allowed under Section 853.501 and reserve service credit |
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allowed under Section 853.502(a)(2) shall have no monetary value in |
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calculating the annuity payments allowable to the member and shall |
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not be used in other computations, including computation of updated |
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service credits or prior service credits. |
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SECTION 9. Section 341.012(h), Local Government Code, is |
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amended to read as follows: |
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(h) Reserve police officers may act only in a supplementary |
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capacity to the regular police force and may not assume the |
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full-time duties of regular police officers without complying with |
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the requirements for regular police officers. On approval of the |
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appointment of a member who is a peace officer as described by |
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Article 2.12, Code of Criminal Procedure, the chief of police may |
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authorize the person appointed to carry a weapon or act as a peace |
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officer at all times, regardless of whether the person is engaged in |
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the actual discharge of official duties, or may limit the authority |
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of the person to carry a weapon or act as a peace officer to only |
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those times during which the person is engaged in the actual |
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discharge of official duties. A reserve police officer, regardless |
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of whether the reserve police officer is a peace officer as |
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described by Article 2.12, Code of Criminal Procedure, is not: |
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(1) except as provided by Subchapter F, Chapter 853, |
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Government Code, eligible for participation in any program provided |
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by the governing body that is normally considered a financial |
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benefit of full-time employment or for any pension fund created by |
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statute for the benefit of full-time paid peace officers; or |
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(2) exempt from Chapter 1702, Occupations Code. |
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SECTION 10. This Act takes effect September 1, 2011. |