HB5167 - Relating to membership in the Employees Retirement System of Texas by certain service members of the Texas National Guard.

  89R16035 JCG-F     By: Bell of Montgomery H.B. No. 5167       A BILL TO BE ENTITLED   AN ACT   relating to membership in the Employees Retirement System of Texas   by certain service members of the Texas National Guard.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 437.212(d), Government Code, is amended   to read as follows:          (d)  A service member who is not a state employee when called   by proper authority into a state active duty status or state   training and other duty status becomes a temporary state employee   when in this status and is limited to the benefits specified in this   chapter and in Subtitle B, Title 8 . A temporary state employee   status does not apply to a service member who is a federal civil   servant or on active guard reserve status, including a member   serving on orders issued under Title 10 or 32, United States Code.          SECTION 2.  Section 812.003(a), Government Code, is amended   to read as follows:          (a)  Except as provided by Subsection (b), membership in the   employee class of the retirement system includes all employees and   appointed officers of every department, commission, board, agency,   or institution of the state and the temporary state employees   described by Section 812.0035, except:                (1)  independent contractors and their employees   performing work for the state; and                (2)  persons disqualified from membership under   Section 812.201.          SECTION 3.  Subchapter A, Chapter 812, Government Code, is   amended by adding Section 812.0035 to read as follows:           Sec.   812.0035.     MEMBERSHIP IN EMPLOYEE CLASS FOR CERTAIN   TEXAS NATIONAL GUARD SERVICE MEMBERS. (a) In this section,   "service member," "state active duty," and "Texas National Guard"   have the meanings assigned by Section 437.001.           (b)     A service member of the Texas National Guard who is   called by proper authority into state active duty and becomes a   temporary state employee under Section 437.212(d) for a period of   60 consecutive days or more is eligible for membership in the   employee class of the retirement system during the period the   service member is a temporary state employee and receives   compensation from the state for that employment.           (c)     The retirement system shall adopt rules to implement   this section, including rules for:                 (1)  establishing membership and service credit;                 (2)     collecting contributions in the appropriate   amounts and determining collection periods; and                 (3)     computing benefits under this subtitle based on   monthly compensation for a person described by Subsection (b).          SECTION 4.  (a) In this section, "retirement system" means   the Employees Retirement System of Texas.          (b)  Only service occurring on or after the effective date of   this Act is creditable in the retirement system for a person   described by Section 812.0035(b), Government Code, as added by this   Act.          (c)  If, on the effective date of this Act, a person   described by Section 812.0035(b), Government Code, as added by this   Act, has continuously served in a position included in the employee   class of membership of the retirement system under that section for   60 days or more and holds the position on the effective date of this   Act, the person is not required to comply with the 60-day waiting   period to be eligible under that section for membership in the   retirement system.          (d)  For purposes of Section 820.002, Government Code, the   hire date of a person described by Section 812.0035(b), Government   Code, as added by this Act, who is not member of the retirement   system on the effective date of this Act is considered to be   September 1, 2025.          SECTION 5.  This Act takes effect September 1, 2025.