2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article V. › Section 5.02. Military Service Credit

Sec. 5.02. MILITARY SERVICE CREDIT.    (a)  An eligible member or eligible surviving spouse may establish creditable service for military service performed as provided under this section according to the following conditions, limitations, and restrictions:
(1) Military service creditable in the system is active federal duty service in the Armed Forces of the United States, other than as a student at a service academy, as a member of the reserves, or any continuous active military service lasting less than 90 days, and such military service must have been performed prior to becoming a member of the police retirement system or its predecessor system.
(2) For purposes of this section, an eligible member must:
(A) have been released from military duty under conditions not dishonorable;  and
(B) be a police officer employed by the city or an employee of the system who is not separated from active service.
(3) An eligible member or eligible surviving spouse may not establish more than 24 months of creditable service in the system for military service.
(4) An eligible member or eligible surviving spouse may establish creditable service under this section by contributing to the system a single payment equal to 25 percent of the estimated cost of the additional projected retirement benefits the member or surviving spouse will be entitled to receive.  The system will determine the required contribution based on a procedure recommended by the actuary and approved by the board.
(5) After the eligible member or eligible surviving spouse makes the deposit required by this section, the system shall grant the member one month of creditable service for each month of military service established by this section.
(6) For purposes of this section, an eligible surviving spouse is the surviving spouse of a member who was an eligible member immediately before the time of death if the member dies before making payment to the system of the amount required by this section.  An eligible surviving spouse may establish creditable service for military service not later than the date that is six months after the date of the member's death and only if the lump-sum death benefit described by Section 6.05(a) or 6.06(a)(3) of this Act is not paid.
(b) The percent used to calculate the amount of the required payment described by Subsection (a)(4) of this section may be changed if:
(1) the effect of the change is disclosed by the board's actuary;
(2) the change is adopted by the board as a board rule;  and
(3) the change applies to all payments for establishing creditable service under this section made to the system after the effective date of the change.
(c) A member may not receive credit under this section for military service for which the person is receiving or is eligible to receive federal retirement payments based on 20 years or more of active military service or its equivalent by the member or for which the member has received credit in any other public retirement system or program established under the laws of this state.
(d) The police retirement board may by rule establish additional requirements that a person must meet in order to receive credit under this section.
(e) The police retirement board may by rule provide that no person may receive credit under this section after a date set forth in that rule.