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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.

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.

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.