2005 Texas Government Code CHAPTER 862. MEMBERSHIP

GOVERNMENT CODE

CHAPTER 862. MEMBERSHIP


	§ 862.001. PARTICIPATION BY DEPARTMENT.  (a) The 
governing body of a department that performs emergency services 
may, in the manner provided for taking official action by the body, 
elect to participate in the pension system.  A governing body shall 
notify the commissioner as soon as practicable of an election made 
under this subsection.  Except as provided by Subsection (b), an 
election to participate under this subsection is irrevocable.
	(b)  The governing body of a department that makes an 
election under Subsection (a) may terminate participation in the 
pension system not later than the fifth anniversary of the date of 
the election to participate, except that a department that begins 
participation after September 1, 2005, may not terminate that 
participation.

Added by Acts 2005, 79th Leg., ch. 803, § 1, eff. Sept. 1, 2005.           


	§ 862.002. MEMBERSHIP BY INDIVIDUAL.  (a) Except as 
otherwise provided by this section, each person who performs 
service as a volunteer or auxiliary employee of a participating 
department is a member of the pension system.
	(b)  A person is not a member of the pension system if the 
person:           
		(1)  is less than 18 years of age;                                            
		(2)  is in a probationary period of service before 
becoming a regular member of a participating department for which 
the department is not making contributions for the service;
		(3)  does not receive a certification of physical 
fitness or assignment to support duties under Section 862.003;  or
		(4)  is retired under this subtitle, regardless of 
whether the person continues to participate in emergency 
service-related functions for a department from which the person 
retired.

Added by Acts 2005, 79th Leg., ch. 803, § 1, eff. Sept. 1, 2005.           


	§ 862.003. CERTIFICATION OF PHYSICAL FITNESS.  (a) A 
prospective member shall present to the local board a certification 
of physical fitness by a qualified physician.  The person becomes a 
member of the pension system if the local board accepts the 
certification or if the local board assigns the person to support 
duties.
	(b)  A local board shall assign a person to support duties if 
the person does not present an acceptable certification and the 
person is at least 18 years of age, is not retired from the pension 
system, and is not serving a probationary period before becoming a 
regular member of a participating department.

Added by Acts 2005, 79th Leg., ch. 803, § 1, eff. Sept. 1, 2005.           


	§ 862.004. DEPARTMENTAL ELECTIONS AND MERGERS.  The state 
board may adopt rules for governing body elections under Section 
862.001 or for the merger of existing pension plans into the pension 
system.

Added by Acts 2005, 79th Leg., ch. 803, § 1, eff. Sept. 1, 2005.