| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the contractual revocation of pension benefits of |
|
|
certain public employees convicted of an offense. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subtitle A, Title 8, Government Code, is amended |
|
|
by adding Chapter 807 to read as follows: |
|
|
CHAPTER 807. CONTRACTUAL REVOCATION OF PENSION BENEFITS |
|
|
Sec. 807.001. DEFINITIONS. In this chapter: |
|
|
(1) "Employer" means a school district, municipality, |
|
|
or county participating in a public retirement system. |
|
|
(2) "Public retirement system" has the meaning |
|
|
assigned by Section 804.001, except that the term does not include |
|
|
the Employees Retirement System of Texas, the Judicial Retirement |
|
|
System of Texas Plan One, or the Judicial Retirement System of Texas |
|
|
Plan Two. |
|
|
Sec. 807.002. EMPLOYMENT CONTRACT PENSION REVOCATION |
|
|
POLICY AND PROVISION. (a) An employer, by rule, resolution, or |
|
|
ordinance, may adopt a policy that provides for the inclusion of a |
|
|
standard pension revocation provision in all employment contracts |
|
|
of the employer that are signed on or after September 1, 2011. |
|
|
(b) An employer that adopts a pension revocation policy |
|
|
under Subsection (a) may include a standard provision in the |
|
|
employer's employment contract that revokes a person's eligibility |
|
|
to receive pension benefits provided by the retirement system in |
|
|
which the employer participates if: |
|
|
(1) the person, during the term of the contract, is |
|
|
charged with an offense that is a first degree felony or another |
|
|
offense specified in the contract; and |
|
|
(2) the person is finally convicted of the offense. |
|
|
(c) Except as provided by Section 807.005, a person who |
|
|
signs an employment contract described by Subsection (b) and |
|
|
becomes an employee of the employer forfeits the person's |
|
|
eligibility to receive pension benefits under the retirement system |
|
|
if: |
|
|
(1) during the term of the contract, the person is |
|
|
charged with an offense specified in the contract; and |
|
|
(2) the person is finally convicted of the offense. |
|
|
Sec. 807.003. INCLUDABLE OFFENSES. An employer's |
|
|
employment contract may exclude first degree felonies or substitute |
|
|
or add other offenses that, on conviction of the employee, may |
|
|
result in the revocation of pension benefits. The other includable |
|
|
offenses are: |
|
|
(1) second degree, third degree, or state jail |
|
|
felonies; or |
|
|
(2) a misdemeanor involving moral turpitude. |
|
|
Sec. 807.004. DETERMINATION OF REVOCATION PROVISION |
|
|
APPLICABILITY. (a) An employer who includes a pension revocation |
|
|
provision described by Section 807.002 in the employer's employment |
|
|
contract shall designate in the contract the person responsible for |
|
|
determining if: |
|
|
(1) the revocation clause applies to a particular |
|
|
employee convicted of an offense; and |
|
|
(2) the employee forfeits the employee's eligibility |
|
|
for pension benefits. |
|
|
(b) The person designated under Subsection (a) may be: |
|
|
(1) the public retirement system's board of trustees; |
|
|
(2) the employer; |
|
|
(3) a court; |
|
|
(4) a neutral third party; or |
|
|
(5) another person trusted by the employer and |
|
|
employee to make a fair decision. |
|
|
Sec. 807.005. REINSTATEMENT OF PERSON AS ELIGIBLE FOR |
|
|
BENEFITS. A person who forfeits eligibility to receive pension |
|
|
benefits under Section 807.002 may be reinstated as eligible for |
|
|
those benefits if the person would otherwise be eligible under the |
|
|
rules of the public retirement system and the person: |
|
|
(1) is found to be not guilty of the offense; |
|
|
(2) would be entitled to have records and files |
|
|
related to the person's arrest or indictment expunged under Article |
|
|
55.01, Code of Criminal Procedure; or |
|
|
(3) meets either of the requirements for innocence |
|
|
under Section 103.001(a)(2), Civil Practice and Remedies Code. |
|
|
SECTION 2. This Act takes effect September 1, 2011. |