Bill Text: TX HB159 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the resumption of employment by certain retirees within the Texas Municipal Retirement System.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB159 Detail]
Download: Texas-2011-HB159-Enrolled.html
| H.B. No. 159 | ||
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| relating to the resumption of employment by certain retirees within | ||
| the Texas Municipal Retirement System. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 852.108, Government Code, is amended by | ||
| amending Subsections (c), (e), and (f) and adding Subsection (j) to | ||
| read as follows: | ||
| (c) The retirement system shall discontinue and suspend | ||
| payments of each service retirement annuity that is allowed because | ||
| of the person's previous service with the reemploying municipality | ||
| beginning with the month the retirement system determines that the | ||
| person has again become an employee of the reemploying | ||
| municipality. After the suspension and except as provided by | ||
| Subsection (j), the retirement system may not make payments of the | ||
| annuity for any month during which the person remains an employee of | ||
| the reemploying municipality. The suspension of a benefit under | ||
| this section does not suspend payment of a benefit to an alternate | ||
| payee under a qualified domestic relations order. | ||
| (e) After termination of employment with the reemploying | ||
| municipality and after filing of an application for resumption of | ||
| retirement with the board of trustees, a person described by | ||
| Subsection (b) is entitled to receive future payments of the | ||
| suspended annuity, as provided by Subsection (f), and to the | ||
| additional benefits as provided by Subsections (g), (h), [ |
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| and (j). | ||
| (f) Monthly payments of a suspended annuity shall be resumed | ||
| in the month following the month in which employment is terminated | ||
| with the reemploying municipality, without change in the amount | ||
| except for any increase allowed under Section 854.203 or the | ||
| duration of or another condition pertaining to the suspended | ||
| benefit. Except as provided by Subsection (j), payment [ |
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| of the resumed benefit may not be made for any month during which | ||
| the payment was suspended under this section. | ||
| (j) A person to whom this section applies shall receive a | ||
| lump-sum payment in an amount equal to the sum of the service | ||
| retirement annuity payments the person would have received had the | ||
| person's annuity payments not been discontinued and suspended under | ||
| this section if the person: | ||
| (1) initially retired based on a bona fide termination | ||
| of employment; and | ||
| (2) resumed employment with the person's reemploying | ||
| municipality at least eight years after the effective date of the | ||
| person's retirement. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to a member of the Texas Municipal Retirement System who terminates | ||
| employment with the person's reemploying municipality and files an | ||
| application for resumption of retirement with the board of trustees | ||
| of the Texas Municipal Retirement System under Section 852.108(e), | ||
| Government Code, as amended by this Act, on or after the effective | ||
| date of this Act. A member who terminates employment with the | ||
| person's reemploying municipality and files an application for | ||
| resumption of retirement with the board under Section 852.108(e), | ||
| Government Code, before the effective date of this Act is governed | ||
| by the law as it existed immediately before that date, and the | ||
| former law is continued in effect for that purpose. | ||
| 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, 2011. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 159 was passed by the House on May 13, | ||
| 2011, by the following vote: Yeas 91, Nays 49, 1 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 159 was passed by the Senate on May | ||
| 21, 2011, by the following vote: Yeas 31, Nays 0 | ||
| . | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
