HBA-SEB H.B. 3219 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3219 By: Gallego Pensions and Investments 3/25/1999 Introduced BACKGROUND AND PURPOSE Under current law, most state law enforcement officers are members of the employee class of the Employees Retirement System of Texas (ERS), with the exception of law enforcement officers who are commissioned and employed by institutions of higher education. Those officers contribute to the Teacher Retirement System of Texas. Law enforcement officers who are members of ERS receive retirement benefits based on a higher multiplier than other members of ERS. H.B. 3219 includes in the membership of ERS a law enforcement officer who is commissioned and employed by an institution of higher education. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 811.001, Government Code, by amending Subdivision (9) and adding Subdivision (18), to redefine "law enforcement officer" and to provide that "institution of higher education" has the meaning assigned by Section 61.003, Education Code (Definitions). SECTION 2. Amends Section 812.003(a), Government Code, to include in the employee class of the Employees Retirement System of Texas (ERS) those law enforcement officers commissioned and employed by an institution of higher education except persons disqualified from membership under Section 812.201 (Eligibility for Retirement System Membership) or 812.004 (Temporary Employees Over 65) and except as provided by Subsection (b) (regarding other public retirement systems). Redesignates Subdivisions (1)-(3) to Subdivisions (1)(A)-(C). SECTION 3. Amends Section 814.104(b), Government Code, to make a conforming change. SECTION 4. Amends Section 815.505, Government Code, to make a conforming change. SECTION 5. Amends Section 821.001(6), Government Code, to provide that within the Teacher Retirement System of Texas (TRS), the term "employee" does not include a person employed as a law enforcement officer by an institution of higher education. SECTION 6. Amends Section 822.002, Government Code, by adding Subsection (c), as follows: (c) Provides that a person commissioned and employed as a law enforcement officer by an institution of higher education is not a member of TRS. SECTION 7. (a) Provides that all persons who were commissioned and employed on August 31, 1999, as law enforcement officers by an institution of higher education who were contributing members of TRS on that date and who remain in employment on September 1, 1999, become members of ERS on the latter date. (b) Establishes that service credit in TRS as a commissioned law enforcement officer by a person who transfers retirement system membership will be considered as credit in ERS for the purpose of determining eligibility for benefits from ERS. (c) Requires TRS and ERS to make a computation and transfer money in the manner provided by Section 805.008, Government Code (Responsibility for Benefit Payments) at the time of the retirement or death of a person whose membership is transferred. Provides that the person's service credit as a law enforcement officer in TRS will be transferred to ERS. SECTION 8. Requires each institution of higher education, before October 1, 1999, to certify to ERS, in the manner prescribed by ERS, the name of each person employed by the institution on September 1, 1999, as a law enforcement officer and such other information as ERS determines necessary for the crediting of service and financing of benefits. SECTION 9. Effective date: September 1, 1999. SECTION 10. Emergency clause.