HB4694 - Relating to benefits available under the Employees Retirement System of Texas for certain retirees who resume membership in the employee class of membership.

      By: Lopez of Cameron H.B. No. 4694       A BILL TO BE ENTITLED   AN ACT   relating to benefits available under the Employees Retirement   System of Texas for certain retirees who resume membership in the   employee class of membership.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 812.201, Government Code, is amended by   amending Subsections (a) and (c) and adding Subsections (c-1) and   (d) to read as follows:          (a)  Except as provided by Subsection (c) or (d) , a retiree   may not rejoin the retirement system as a member of the class from   which the person retired.          (c)  A person who is retired from the elected class of   membership and who again holds a position included in that class may   elect to become a member again by filing notice with the retirement   system.           (c-1)   Except as provided by Section 812.203(c), when   benefit payments are resumed for a person described by Subsection   (c) or (d), as applicable , the retirement system shall recompute   the annuity selected at the time of the person's original   retirement to include the additional service established during   membership under Subsection (c) or (d), as applicable [ this   subsection ].           (d)     A person who is retired from the employee class of   membership and who again holds a position included in that class may   elect to become a member again, if:                 (1)     the person has 25 or more years of service credit   in the employee class of membership some of which was earned as the   head of a state agency;                   (2)     the position the person holds on rejoining the   retirement system:                       (A)     requires appointment by the governor, with   the advice and consent of the senate; and                       (B)     is provided a salary under the General   Appropriations Act; and                 (3)     the person files notice with the retirement   system.          SECTION 2.  Section 812.202(b), Government Code, is amended   to read as follows:          (b)   Unless the retiree resumes membership under Section   812.201(d), the [ The ] payment of benefits to a retiree for service   credited in the employee class of membership is not affected by the   retiree's taking a position included in the employee class.          SECTION 3.  Sections 812.203(a) and (c), Government Code,   are amended to read as follows:          (a)  If a retiree takes the oath for a position included in   the elected class of membership, the retirement system shall   suspend annuity payments to the person for service that was   credited in that class, until the person no longer holds that   position.   If a retiree of the employee class elects to become a   member again under Section 812.201(d), the retirement system shall   suspend annuity payments to the person for service that was   credited in that class, until the person no longer holds that   position.            (c)  If a member who originally retired with service credited   at the time of that retirement only in the elected class of   membership again retires, the person at the time of subsequent   retirement may select an annuity based on service in the elected   class as if the person were retiring for the first time.   If a member   who originally retired with service credited at the time of that   retirement only in the employee class of membership again retires,   the person at the time of subsequent retirement may select an   annuity based on service in the employee class as if the person were   retiring for the first time. If the person selects an annuity under   Section 814.108(c)(3) or (4) [ (c)(4) ], the retirement system shall   reduce the number of months of guaranteed payment by the number of   months for which an annuity was paid under the person's original   retirement.          SECTION 4.  This Act takes effect September 1, 2025.