2011 Texas Statutes
GOVERNMENT CODE
TITLE 8 - PUBLIC RETIREMENT SYSTEMS
SUBTITLE H - TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM
CHAPTER 862 - MEMBERSHIP

GOVERNMENT CODE

TITLE 8. PUBLIC RETIREMENT SYSTEMS

SUBTITLE H. TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM

CHAPTER 862. MEMBERSHIP

Sec. 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, Sec. 1, eff. September 1, 2005.

Sec. 862.002.  MEMBERSHIP BY INDIVIDUAL. (a) Except as otherwise provided by this section and Section 862.0021, 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 perform support services 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, Sec. 1, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 321, Sec. 2, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 697, Sec. 2, eff. September 1, 2009.

Sec. 862.0021.  PROBATIONARY PERIOD BEFORE MEMBERSHIP. (a) A participating department may impose a probationary period for a volunteer or auxiliary employee.

(b)  A probationary period imposed under this section must end not later than six months after the date the person begins service with the participating department.

(c)  The participating department is not required to pay contributions for the person during the probationary period.

(d)  A person's membership in the pension system begins on the date that the department begins payment of contributions for that person, without regard to whether the person's service is subject to a probationary period for other purposes.

Added by Acts 2007, 80th Leg., R.S., Ch. 321, Sec. 3, eff. September 1, 2007.

Sec. 862.0025.  MEMBERSHIP BY SUPPORT STAFF. (a) Except as provided by Subsection (b), the governing body of a participating department may make an election to include all persons who provide support services for the department as members of the pension system on the same terms as all other volunteers of the department.  An election under this section takes effect on the first day of the calendar month that begins after the month in which the election is made and communicated to the commissioner.  Once made, an election under this section is irrevocable.

(b)  If a participating department has, before September 1, 2009, enrolled persons who perform support services for the department as members of the pension system, all persons who perform those services for the department are members of the system.

(c)  After an election under this section, a participating department that previously did not enroll its support staff as members of the pension system may purchase service credit performed before the date of the election under the terms required for prior service credit for service before departmental participation.

Added by Acts 2009, 81st Leg., R.S., Ch. 697, Sec. 3, eff. September 1, 2009.

Sec. 862.003.  CERTIFICATION OF PHYSICAL FITNESS. (a) A prospective member shall present to the local head of the department, for delivery 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 perform support services and enrolls its support staff as members of the system.

(b)  A local board shall assign a person to perform support services 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, Sec. 1, eff. September 1, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 697, Sec. 4, eff. September 1, 2009.

Sec. 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, Sec. 1, eff. September 1, 2005.