bill letting Guard members on long call-ups join ERS

The text as introduced · 581 words

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.