SB1737 - Relating to service retirement benefits payable by the Employees Retirement System of Texas to certain law enforcement officers and custodial officers.

      S.B. No. 1737         AN ACT   relating to service retirement benefits payable by the Employees   Retirement System of Texas to certain law enforcement officers and   custodial officers.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 811.001(8) and (9), Government Code,   are amended to read as follows:                (8)  "Custodial officer" :                       (A)   means a member of the retirement system who   is employed :                             (i)   by the Board of Pardons and Paroles or   the Texas Department of Criminal Justice as a parole officer or   caseworker ;                             (ii)     by the Texas Juvenile Justice   Department in a position in which the member's service is   creditable as a custodial officer under Section 813.506(b-1); or                             (iii)   [ who is employed ] by the correctional   institutions 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 or defendants of the   correctional institutions 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 department ; and                       (B)   [ .  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 Paragraph   (A)(iii)  [ this subdivision ].                (9)  "Law enforcement officer" means a member of the   retirement system who:                      (A)  has been commissioned as a peace [ law   enforcement ] officer by :                             (i)   the Department of Public Safety ; [ , ]                             (ii)   the Texas Alcoholic Beverage   Commission ; [ , ]                             (iii)   the Parks and Wildlife Department ;                             (iv)   [ , or ] the office of inspector general   at the Texas Juvenile Justice Department ;                             (v)  the comptroller; or                             (vi)  the attorney general ; and                      (B)  is licensed [ recognized ] as a commissioned   peace [ law enforcement ] officer by the Texas Commission on Law   Enforcement.          SECTION 2.  Section 813.506, Government Code, is amended by   adding Subsection (b-1) and amending Subsection (c) to read as   follows:           (b-1)     The Texas Juvenile Justice Department shall adopt   standards for determining eligibility for service credit as a   custodial officer employed by the department based on the need to   encourage early retirement of persons whose duties are hazardous.     To be creditable as custodial officer service under the Texas   Juvenile Justice Department, service must be performed:                 (1)     as a juvenile correctional officer, as that term   is defined by Section 242.009, Human Resources Code, or a   caseworker; or                 (2)     in a position, other than a position described by   Subdivision (1), the primary duties of which include the custodial   supervision of or other close, regularly planned contact with youth   in the custody of the department.          (c)  The Texas Department of Criminal Justice, the managed   health care unit of The University of Texas Medical Branch or the   Texas Tech University Health Sciences Center, the Texas Juvenile   Justice Department, or the Board of Pardons and Paroles, as   applicable, shall determine a person's eligibility to receive   credit as a custodial officer. A determination under this   subsection [ of the department, unit, or board ] may not be appealed   by an employee but is subject to change by the retirement system.          SECTION 3.  Section 814.104(b), Government Code, is amended   to read as follows:          (b)  A member is eligible to retire and receive a service   retirement annuity if the member:                 (1)   [ who ] is at least 55 years old ; and                 (2)   [ who ] has at least 10 years of service credit as a :                       (A)  law enforcement officer; [ commissioned peace   officer engaged in criminal law enforcement activities of the   Department of Public Safety, the Texas Alcoholic Beverage   Commission, the Parks and Wildlife Department, or the office of   inspector general at the Texas Juvenile Justice Department, ] or                       (B)   [ as a ] custodial officer[ , is eligible to   retire and receive a service retirement annuity ].          SECTION 4.  Section 815.505, Government Code, is amended to   read as follows:          Sec. 815.505.  CERTIFICATION OF NAMES OF LAW ENFORCEMENT AND   CUSTODIAL OFFICERS. Not later than the 12th day of the month   following the month in which a person begins or ceases employment as   a law enforcement officer or custodial officer, the governmental   entity that employs or ceased employing the law enforcement officer   or custodial officer [ Public Safety Commission, the Texas Alcoholic   Beverage Commission, the Parks and Wildlife Commission, the office   of inspector general at the Texas Juvenile Justice Department, the   Board of Pardons and Paroles, or the Texas Board of Criminal   Justice ], as applicable, shall certify to the retirement system, in   the manner prescribed by the system, the name of the employee and   such other information as the system determines is necessary for   the crediting of service and financing of benefits under this   subtitle.          SECTION 5.  (a) Subject to Subsection (b) or (c) of this   section, as applicable, the changes in law made by this Act apply to   a member of the Employees Retirement System of Texas who is employed   by the Texas Juvenile Justice Department, the comptroller, or the   attorney general as a law enforcement officer or custodial officer,   as applicable, on or after the effective date of this Act,   regardless of whether the member was hired before, on, or after the   effective date of this Act.          (b)  This subsection applies only to a member described by   Subsection (a) of this section and not subject to Subsection (c) of   this section who, on December 1, 2024, was employed in a law   enforcement officer or custodial officer position with the Texas   Juvenile Justice Department, the comptroller, or the attorney   general, as applicable. Service credit earned by the member before   the effective date of this Act in a position for which service is   creditable as a law enforcement officer or custodial officer under   Subtitle B, Title 8, Government Code, as amended by this Act, is   considered service credit established as a law enforcement officer   or custodial officer, as applicable, for purposes of determining   the benefits payable from the law enforcement and custodial officer   supplemental retirement fund.          (c)  This subsection applies only to a member described by   Subsection (a) of this section who is subject to Chapter 820,   Government Code. The member may establish service credit as a law   enforcement officer or custodial officer with the Texas Juvenile   Justice Department, the comptroller, or the attorney general, as   applicable, only for service performed on or after the effective   date of this Act.          (d)  As soon as practicable after the effective date of this   Act, the board of trustees of the Employees Retirement System of   Texas, in consultation with the Texas Juvenile Justice Department,   the comptroller, and the attorney general, shall adopt rules   necessary to implement the changes in law made by this Act.          (e)  The Texas Juvenile Justice Department, the comptroller,   and the attorney general shall:                (1)  as soon as practicable after the effective date of   this Act, certify to the Employees Retirement System of Texas, in   the form and manner prescribed by the board of trustees of the   retirement system:                      (A)  the name of each member who is employed by the   department, comptroller, or attorney general as a law enforcement   officer or custodial officer on the effective date of this Act;                      (B)  if the member is subject to Subsection (b) of   this section, the amount of service credit established by the   member as a law enforcement officer or custodial officer before the   effective date of this Act; and                      (C)  any other information the retirement system   determines is necessary to credit law enforcement officer or   custodial officer service in accordance with the changes in law   made by this Act; and                (2)  beginning with the first pay period that occurs   after the effective date of this Act and with respect to each member   employed by the department, comptroller, or attorney general as a   law enforcement officer or custodial officer, begin making   deductions and collecting member contributions for the law   enforcement and custodial officer supplemental retirement fund as   prescribed by Section 815.402(h) or 820.101(b), Government Code, as   applicable.          SECTION 6.  (a)  The Employees Retirement System of Texas is   required to implement this Act only if the board of trustees of the   Employees Retirement System of Texas finds that the 89th   Legislature appropriated money to the retirement system in an   amount sufficient to implement Section 5(b) of this Act, without   increasing the unfunded actuarial liabilities of the retirement   system.  The amount appropriated by the 89th Legislature to   implement Section 5(b) of this Act must be in addition to any   amounts the state is required to contribute to the retirement   system under Subchapter E, Chapter 815, Government Code.  If the   board of trustees of the Employees Retirement System of Texas finds   that the 89th Legislature did no [Text truncated for display. 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