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Important Dates
  • By August 31, 2005, if you are an ERS member with at least 10 years of ERS service, you should have a death benefit plan on file at ERS.
  • If you are a state agency employee who applies for non-occupational disability retirement after August 31, 2005, your annuity benefit may be reduced according to your age at retirement. Approval of the actuarial table used to calculate the benefit is expected at the ERS Board meeting in August.
  • Effective January 1, 2006, the amount of Additional Service Credit (ASC) state agency employees can purchase will drop from five to three years.
  • If you are planning to retire under ERS, you must certify any Texas Governmental Entity (TGE) service credit by December 31, 2005 in order to use it to retire under the Rule of 80 at any point in the future. Remember, if you are using TGE credit at any time to qualify for retirement under the Rule of 80, you must do so before age 60.
  • Effective January 1, 2006, state agency and higher education part-time employees will receive the same state contribution (50%) for health insurance premiums when they retire.
  • Effective September 1, 2006, the penalty interest of buying back refunded ERS service credit will increase from 5% to 10%.

Effective September 1, 2005

Senate Bill 1176—ERS Omnibus Bill
Non-occupational disability retirement

Non-occupational disability retirement will not be available to non-contributing members (employees who have left state service and left their money on account at ERS) who do not apply by August 31, 2005.

Annuities for non-occupational disability retirement
Reduces non-occupational disability retirement annuities according to actuarial tables adopted by the Board of Trustees (expected August 2005). Annuity benefits will be reduced for members based on their age at retirement. Reductions will not apply to applications received at ERS by August 31, 2005.

Death benefit plans for ERS members
For state agency employees with at least 10 years of ERS service credit, a death benefit plan (DBP) enables you to designate the person(s) who will receive your retirement benefits if you die before you retire under ERS. The DBP also lets you choose how your beneficiary will receive the benefit – as a lump sum refund of your account, a monthly annuity payment, or the beneficiary’s choice. Under current rules, any members who are contributing (currently employed by the State) or non-contributing (employees who have left state service and left their money on account at ERS) can, after 10 years of ERS service, have a DBP, which will be paid according to their wishes if they die before they retire. On September 1, 2005, the rules will change.

You could be affected in one of two ways:

  • If you have at least 10 years of ERS service credit, make sure you have a DBP on file with ERS by August 31, 2005. You can check your DBP in ERS OnLine, or if you do not have Internet access, you can call ERS. If you do not have a DBP on file by August 31, 2005, and you later stop working for the State and leave your money with ERS, the only option your beneficiary will have if you die is to receive a lump sum refund of your retirement account.
  • If you reach your 10-year mark after August 31, 2005, the only way your beneficiary can receive a DBP benefit is if you are still working for the State at the time of your death.

Optional Retirement Program (ORP) members
If you are an ORP member and you want to buy state service, you must do so by August 31, 2005. This provision eliminates the ability of ORP members to buy refunded state service without returning to state employment. Also, ORP members will no longer be able to use ORP service to meet the 10 years of service credit required to qualify for a disability retirement annuity.

90-day wait for new hires
Makes permanent the 90-day wait for ERS retirement membership for newly hired employees.

Senate Bill 1
State contribution to the ERS Retirement Fund
Increases the State’s monthly contribution to the ERS retirement fund from 6% to 6.45%. ERS member contributions will remain the same at 6%. This will help further strengthen the fund so that current and future ERS retirees can be assured of receiving the pensions they have earned. It may also help make it possible for ERS to provide benefit enhancements such as 13th checks; however, this is not expected for several more years.

Effective January 1, 2006

Senate Bill 1176—ERS Omnibus Bill (state employees only)
Texas Governmental Entity (TGE) service

Your TGE service credit must be certified and sent to ERS by December 31, 2005 in order for you to use it to help you retire under the Rule of 80. More information and a TGE certification form is available on the ERS website. Remember, if you are using TGE credit at any time to qualify for retirement under the Rule of 80, you must do so before age 60. (Note: TGE service is not the same as proportionate retirement system service.)

Additional Service Credit
Reduces the amount of Additional Service Credit (ASC) you can purchase from 60 months (five years) to 36 months (three years). Following are examples of how this new limit would work:

  • If you already have purchased three years of ASC by December 31, 2005, you cannot buy more.
  • If you have purchased four or five years of ASC by December 31, 2005, you can keep all of it, but you cannot buy more.
  • If you have purchased two years of ASC by December 31, 2005, you can purchase one more year after January 1, 2006.

Senate Bill 1176—ERS Omnibus Bill (state & higher ed employees)
Health benefits for part-time employees who retire
Active employees who are receiving a part-time state contribution (50%) for their health insurance when they file for retirement will receive the part-time contribution when they retire. This provision is effective for those employees who retire on or after January 31, 2006.

Effective September 1, 2006

Senate Bill 1176—ERS Omnibus Bill
Interest on refunded service
Increases the penalty interest of buying back refunded service credit from 5% to 10%. If you want to purchase refunded service credit at the current annual rate of 5%, buy it back before the cost goes up on September 1, 2006. Funds from a Texa$aver program account or another qualified account can be rolled over to purchase credit, without tax consequences.

 


 
79R385 SGA-D

By:  Hopson                                                       H.B. No. 139
A BILL TO BE ENTITLED
AN ACT
relating to the hazardous duty performed by certain custodial officers[0] of the Texas Department of Criminal Justice. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter L, Chapter 659, Government Code, is amended by adding Section 659.3071 to read as follows: Sec. 659.3071. LIFETIME SERVICE CREDIT FOR CERTAIN CUSTODIAL OFFICERS[0]. (a) In the computation of an individual's lifetime service credit under Section 659.307(a), the individual is entitled to include as months served in a hazardous duty position any months that the individual served as an employee of the Texas Department of Mental Health and Mental Retardation at the maximum security unit of Rusk State Hospital before July 1, 1988, if the individual: (1) was authorized under the General Appropriations Act for a step increase in pay[0] for the individual's service at Rusk State Hospital before July 1, 1988; and (2) on September 1, 2005, is employed by the Texas Department of Criminal Justice as a custodial officer[0]: (A) as defined by Section 811.001; or (B) who satisfies the definition of custodial officer[0] under Section 811.001, except that the individual is a retiree. (b) An individual entitled to additional lifetime service credit under Subsection (a) is not entitled to retroactive pay[0] for that service. SECTION 2. Section 811.001(8), Government Code, is amended to read as follows: (8) "Custodial officer[0]" means a member of the retirement system who is employed by the Board of Pardons and Paroles or the Texas Department of Criminal Justice as a parole officer[0] or caseworker or who is employed by the institutional division or the state jail division of the Texas Department of Criminal Justice and certified by the department as having a normal job assignment that requires frequent or infrequent regularly planned contact with, and in close proximity to, inmates of the institutional division or inmates or defendants confined in the state jail division without the protection of bars, doors, security screens, or similar devices and includes assignments normally involving supervision or the potential for supervision of inmates in inmate housing areas, educational or recreational facilities, industrial shops, kitchens, laundries, medical areas, agricultural shops or fields, or in other areas on or away from property of the institutional division or the state jail division. The term includes a member who transfers from the Texas Department of Criminal Justice to the managed health care unit of The University of Texas Medical Branch or the Texas Tech University Health Sciences Center pursuant to Section 9.01, Chapter 238, Acts of the 73rd Legislature, 1993, elects at the time of transfer to retain membership in the retirement system, and is certified by the managed health care unit or the health sciences center as having a normal job assignment described by this subdivision. The term includes a person who received a step increase in pay[0] under the General Appropriations Act as an employee of the Texas Department of Mental Health and Mental Retardation at the maximum security unit of Rusk State Hospital before July 1, 1988, and who, on September 1, 2005, is employed as a custodial officer[0] by the Texas Department of Criminal Justice and is not a retiree. SECTION 3. Section 813.506(b), Government Code, is amended to read as follows: (b) Except as provided by Section 813.5061, to [To] be creditable as custodial officer[0] service, service performed must be performed as a parole officer[0] or caseworker or must meet the requirements of the rules adopted under Subsection (a) and be performed by persons in one of the following job categories: (1) all persons classified as Correctional[0] Officer[0] I through warden, including training officers[0] and special operations reaction team officers[0]; (2) all other employees assigned to work on a unit and whose jobs require routine contact with inmates or defendants confined in the state jail division, including but not limited to farm managers, livestock supervisors, maintenance foremen, shop foremen, medical assistants, food service supervisors, stewards, education consultants, commodity specialists, and correctional[0] counselors; (3) employees assigned to administrative offices whose jobs require routine contact with inmates or defendants confined in the state jail division at least 50 percent of the time, including but not limited to investigators, compliance monitors, accountants routinely required to audit unit operations, sociologists, interviewers, classification officers[0], and supervising counselors; and (4) administrative positions whose jobs require response to emergency situations involving inmates or defendants confined in the state jail division, including but except as specified not limited to the director, deputy directors, assistant directors, and not more than 25 administrative duty officers[0]. SECTION 4. Subchapter F, Chapter 813, Government Code, is amended by adding Section 813.5061 to read as follows: Sec. 813.5061. CUSTODIAL OFFICER[0] SERVICE CREDIT FOR CERTAIN EMPLOYEES. A custodial officer[0] entitled to additional months of lifetime service credit under Section 659.3071 is entitled to include those same months as months of creditable custodial officer[0] service under Section 813.506. SECTION 5. The Texas Department of Criminal Justice shall adopt not later than January 1, 2006, any rules that are necessary to implement the changes required by Sections 659.3071 and 813.5061, Government Code, as added by this Act. SECTION 6. This Act takes effect September 1, 2005.

 

 


 

Bill: HB 181 - Legislative Session: 79(R)

Council Document: 79R 01747

Introduced Version
Relating to the eligibility of certain corrections and peace officers to participate in a low-interest home loan program offered by the state.

DESCRIPTION COMMENT DATE  
Filed   12/01/2004  
Read first time   02/01/2005  
Referred to Urban Affairs   02/01/2005  
Scheduled for public hearing on . . . .   03/08/2005  
Considered in public hearing   03/08/2005  
Committee substitute considered in committee   03/08/2005  
Testimony taken in committee   03/08/2005  
Left pending in committee   03/08/2005  
Primary Author Date Signed On
Guillen 12/01/2004
Joint Authors Date Signed On
Escobar 03/10/2005
AN ACT
relating to the eligibility of certain corrections and peace officers to participate in a low-interest home loan program offered by the state. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. This Act may be cited as the "Protectors Provision Act." SECTION 2. The heading to Section 2306.563, Government Code, as added by Chapter 1050, Acts of the 78th Legislature, Regular Session, 2003, is amended to read as follows: Sec. 2306.563. FIRE FIGHTER, CORRECTIONS OFFICER, AND PEACE [POLICE] OFFICER HOME LOAN PROGRAM. SECTION 3. Section 2306.563(a), Government Code, as added by Chapter 1050, Acts of the 78th Legislature, Regular Session, 2003, is amended by amending Subdivisions (2), (4), and (5) and adding Subdivision (6) to read as follows: (2) "Home" means a dwelling in this state in which a fire fighter, corrections officer, or peace [police] officer intends to reside as the fire fighter's or the [police] officer's principal residence. (4) "Peace officer" ["Police officer"] has the meaning assigned by Section 1.07(a)(36), Penal [143.003, Local Government] Code. (5) "Program" means the fire fighter, corrections officer, and peace [police] officer home loan program. (6) "Corrections officer" means an officer or employee of a correctional facility described by Section 1.07(a)(14)(A), (B), or (D), Penal Code. SECTION 4. Sections 2306.563(b), (c), (d), and (f), Government Code, as added by Chapter 1050, Acts of the 78th Legislature, Regular Session, 2003, are amended to read as follows: (b) The corporation shall establish a program to provide eligible fire fighters, corrections officers, and peace [police] officers with low-interest home mortgage loans. (c) To be eligible for a loan under this section, at the time a person files an application for the loan, the person must: (1) be a fire fighter, corrections officer, or peace [police] officer; (2) reside in this state; and (3) have an income of not more than 115 percent of area median family income, adjusted for family size. (d) The corporation may contract with other agencies of the state or with private entities to determine whether applicants qualify as fire fighters, corrections officers, or peace [police] officers under this section or otherwise to administer all or part of this section. (f) The board of directors of the corporation shall adopt rules governing: (1) the administration of the program; (2) the making of loans under the program; (3) the criteria for approving mortgage lenders; (4) the use of insurance on the loans and the homes financed under the program, as considered appropriate by the board to provide additional security for the loans; (5) the verification of occupancy of the home by the fire fighter, corrections officer, or peace [police] officer as the fire fighter's or the [police] officer's principal residence; and (6) the terms of any contract made with any mortgage lender for processing, originating, servicing, or administering the loans. SECTION 5. Section 1372.0222, Government Code, is amended to read as follows: Sec. 1372.0222. DEDICATION OF PORTION OF STATE CEILING FOR FIRE FIGHTER, CORRECTIONS OFFICER, AND PEACE [POLICE] OFFICER HOME LOAN PROGRAM. Until August 1, out of that portion of the state ceiling that is available exclusively for reservations by issuers of qualified mortgage bonds under Section 1372.022, $25 million shall be allotted each year and made available exclusively to the Texas State Affordable Housing Corporation for the purpose of issuing qualified mortgage bonds in connection with the fire fighter, corrections officer, and peace [police] officer home loan program established under Section 2306.563. SECTION 6. Sections 2306.553(a) and (b), Government Code, are amended to read as follows: (a) The public purpose of the corporation is to perform activities and services that the corporation's board of directors determines will promote the public health, safety, and welfare through the provision of adequate, safe, and sanitary housing primarily for individuals and families of low, very low, and extremely low income, for professional educators under the professional educators home loan program as provided by Section 2306.562, and for fire fighters, corrections officers, and peace [police] officers under the fire fighter, corrections officer, and peace [police] officer home loan program as provided by Section 2306.563. The activities and services shall include engaging in mortgage banking activities and lending transactions and acquiring, holding, selling, or leasing real or personal property. (b) The corporation's primary public purpose is to facilitate the provision of housing by issuing qualified 501(c)(3) bonds and qualified residential rental project bonds and by making affordable loans to individuals and families of low, very low, and extremely low income, to professional educators under the professional educators home loan program, and to fire fighters, corrections officers, and peace [police] officers under the fire fighter, corrections officer, and peace [police] officer home loan program. The corporation may make first lien, single family purchase money mortgage loans for single family homes only to individuals and families of low, very low, and extremely low income if the individual's or family's household income is not more than the greater of 60 percent of the median income for the state, as defined by the United States Department of Housing and Urban Development, or 60 percent of the area median family income, adjusted for family size, as defined by that department. The corporation may make loans for multifamily developments if: (1) at least 40 percent of the units in a multifamily development are affordable to individuals and families with incomes at or below 60 percent of the median family income, adjusted for family size; or (2) at least 20 percent of the units in a multifamily development are affordable to individuals and families with incomes at or below 50 percent of the median family income, adjusted for family size. SECTION 7. This Act takes effect September 1, 2005.  

 

 

  REP. HOPSON AUTHORS BILL TO PROTECT LAW ENFORCEMENT OFFICERS

  OTHER BILLS THAT SHOULD MERIT YOUR ATTENTION

 

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