By: Turner of Tarrant, Keffer, Flynn,	H.B. No. 408
	Martinez Fischer, et al.

	A BILL TO BE ENTITLED
	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.