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A BILL TO BE ENTITLED
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AN ACT
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relating to the treatment of military service credit in the |
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Employees Retirement System of Texas as law enforcement or |
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custodial officer service. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Tom Garey Act. |
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SECTION 2. Section 813.302, Government Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (b-1) to |
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read as follows: |
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(a) An eligible member may establish service credit or |
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service credit as a law enforcement or custodial officer in the |
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retirement system for military service performed that is creditable |
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as provided by Section 813.301. |
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(b) A member eligible to establish military service credit |
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is one who: |
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(1) does not receive and is not eligible to receive |
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federal retirement payments based on 20 years or more of active |
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federal military duty; |
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(2) has been released from military duty under |
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conditions not dishonorable; and |
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(3) has established service credit in the retirement |
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system for membership service performed after the member's date of |
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release from active military duty. |
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(b-1) A member is eligible to establish military service |
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credit as a law enforcement or custodial officer under Subsection |
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(b) only if the service credit described by Subsection (b)(3) |
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includes credit in the retirement system for membership service |
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performed as a law enforcement or custodial officer. |
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SECTION 3. Section 813.505(b), Government Code, is amended |
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to read as follows: |
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(b) A member claiming credit in the employee class for |
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military service not previously established shall, for each month |
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of the service, pay a contribution in an amount equal to [the |
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greater of]: |
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(1) if claiming service credit, other than service |
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credit as a law enforcement or custodial officer, the amount that |
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the member contributed for the first full month of membership |
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service, other than service as a law enforcement or custodial |
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officer, that is after the member's date of release from active |
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military duty and that is credited in the retirement system; or |
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(2) if claiming service credit as a law enforcement or |
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custodial officer, the amount that the member contributed for the |
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first full month of membership service as a law enforcement or |
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custodial officer that is after the member's date of release from |
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active military duty and that is credited in the retirement system |
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[$18]. |
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SECTION 4. The changes in law made by this Act apply only to |
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military service credit in the Employees Retirement System of Texas |
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that is established on or after the effective date of this Act. |
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Military service credit in that retirement system that is |
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established before the effective date of this Act is governed by the |
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law in effect on the date the military service credit was |
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established, and the former law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect September 1, 2025. |