Relating to the treatment of military service credit in the Employees Retirement System of Texas as law enforcement or custodial officer service.

89(R) HB 245 - Engrossed version - Bill Text

By: Wilson

H.B. No. 245

A BILL TO BE ENTITLED

AN ACT

relating to the treatment of military service credit in the

Employees Retirement System of Texas as law enforcement or

custodial officer service.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act shall be known as the Tom Garey Act.

SECTION 2. Section 813.302, Government Code, is amended by

amending Subsections (a) and (b) and adding Subsection (b-1) to

read as follows:

(a) An eligible member may establish service credit
or

service credit as a law enforcement or custodial officer
in the

retirement system for military service performed that is creditable

as provided by Section 813.301.

(b) A member eligible to establish military service credit

is one who:

(1) does not receive and is not eligible to receive

federal retirement payments based on 20 years or more of active

federal military duty;

(2) has been released from military duty under

conditions not dishonorable; and

(3) has
established service
credit in the retirement

system for membership service performed after the member's date of

release from active military duty.

(b-1)

A member is eligible to establish military service

credit as a law enforcement or custodial officer under Subsection

(b) only if the service credit described by Subsection (b)(3)

includes credit in the retirement system for membership service

performed as a law enforcement or custodial officer.

SECTION 3. Section 813.505(b), Government Code, is amended

to read as follows:

(b) A member claiming credit in the employee class for

military service not previously established shall, for each month

of the service, pay a contribution in an amount equal to [
the

greater of
]:

(1)
if claiming service credit, other than service

credit as a law enforcement or custodial officer,
the amount that

the member contributed for the first full month of membership

service
, other than service as a law enforcement or custodial

officer,
that is after the member's date of release from active

military duty and that is credited in the retirement system; or

(2)
if claiming service credit as a law enforcement or

custodial officer, the amount that the member contributed for the

first full month of membership service as a law enforcement or

custodial officer that is after the member's date of release from

active military duty and that is credited in the retirement system

[
$18
].

SECTION 4. The changes in law made by this Act apply only to

military service credit in the Employees Retirement System of Texas

that is established on or after the effective date of this Act.

Military service credit in that retirement system that is

established before the effective date of this Act is governed by the

law in effect on the date the military service credit was

established, and the former law is continued in effect for that

purpose.

SECTION 5. This Act takes effect September 1, 2025.