H.B. No. 408
 
 
 
 
AN ACT
  relating to the retirement benefits for certain elected state
  officials.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 813.503, Government Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  Subject to Subsection (a-1), a [A] member may establish
  in, or have transferred to, the employee class all service credited
  in the elected class, if the contributions made to establish the
  service in the elected class equal or exceed contributions required
  of a member of the employee class for the same amount of service
  during the same time and at the same rate of compensation. Subject
  to Subsection (a-1), a [A] member or retiree who has, or had at the
  time of retirement, at least eight years of service credit in the
  elected class of membership, exclusive of military service, may
  transfer service credit between classes before or after retirement.
         (a-1)  A member or retiree who takes the oath of office for a
  position included in the elected class of membership, other than a
  district attorney or criminal district attorney, may not transfer
  service to the employee class under Subsection (a) until the person
  no longer holds that position.
         SECTION 2.  Section 814.104, Government Code, is amended by
  amending Subsections (a) and (d) and adding Subsection (e) to read
  as follows:
         (a)  Except as provided by Subsections [Subsection] (d) and
  (e) of this section, Section 814.102, or by rule adopted under
  Section 813.304(d) or 803.202(a)(2), a member who has service
  credit in the retirement system is eligible to retire and receive a
  service retirement annuity if the member:
               (1)  is at least 60 years old and has at least 5 years of
  service credit in the employee class; or
               (2)  has at least 5 years of service credit in the
  employee class and the sum of the member's age and amount of service
  credit in the employee class, including months of age and credit,
  equals or exceeds the number 80.
         (d)  Except as provided by Subsection (e) of this section,
  Section 814.102, or by rule adopted under Section 813.304(d) or
  803.202(a)(2), a member who was not a member on the date hired, was
  hired on or after September 1, 2009, and has service credit in the
  retirement system is eligible to retire and receive a service
  retirement annuity if the member:
               (1)  is at least 65 years old and has at least 10 years
  of service credit in the employee class; or
               (2)  has at least 10 years of service credit in the
  employee class and the sum of the member's age and amount of service
  credit in the employee class, including months of age and credit,
  equals or exceeds the number 80.
         (e)  A member who takes the oath of office for a position
  included in the elected class of membership, other than a district
  attorney or criminal district attorney, is not eligible to retire
  and receive a service retirement annuity under this section that is
  based on service credit transferred to the employee class from the
  elected class under Section 813.503 until the member no longer
  holds that position. This provision does not prohibit a member from
  retiring and receiving a service retirement annuity under this
  section that is based on service credit earned in a position
  included in the employee class of membership under Section 812.003.
         SECTION 3.  The change in law made by this Act applies only
  to a person included in the elected class of membership on or after
  the effective date of this Act, other than a person who, on the
  effective date of this Act, is receiving a service retirement
  annuity based on service transferred to the employee class.
         SECTION 4.  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, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 408 was passed by the House on May 5,
  2015, by the following vote:  Yeas 144, Nays 1, 2 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 408 on May 28, 2015, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 408 on May 31, 2015, by the following vote:  Yeas 143,
  Nays 1, 2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 408 was passed by the Senate, with
  amendments, on May 26, 2015, by the following vote:  Yeas 31, Nays
  0; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  408 on May 31, 2015, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor