2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 853 - Creditable Service › Subchapter D. Optional Service › Section 853.303. Prior Service Credit for Service for Nonparticipating Department

Sec. 853.303.  PRIOR SERVICE CREDIT FOR SERVICE FOR NONPARTICIPATING DEPARTMENT.  (a)  The governing body of a participating municipality by ordinance may authorize the granting of prior service credit in the retirement system to an employee who is a member of the retirement system and who became a member as an employee of a participating department of the municipality, for service performed, before the person's date of membership, as an employee of a department of the same municipality that was not participating in the retirement system at the time of the service but later became a participating department.
(a-1)  This subsection applies to a participating municipality that is required to adopt a zero percent prior service credit under Section 853.105(d-1).  If the governing body of a participating municipality subject to this subsection authorizes the granting of prior service credit to an employee under Subsection (a), the employee is only entitled to receive excluded prior service credit.
(a-2)  This subsection applies to a participating municipality that, before having a department of the municipality begin participating in the retirement system, provided other retirement benefits to its employees in that department funded partly or wholly by the municipality.  If, on or after January 1, 2020, the governing body of a participating municipality subject to this subsection authorizes the granting of prior service credit to an employee under Subsection (a), the employee is only entitled to receive excluded prior service credit.
(a-3)  This subsection applies to a participating municipality that elected to discontinue the participation in the retirement system of persons employed or reemployed after the date of an election to discontinue under Section 852.006(a), provided other retirement benefits to those persons funded partly or wholly by the municipality, and subsequently elects, by ordinance, to have those persons resume participating in the retirement system as employees.  If, on or after January 1, 2020, the governing body of a participating municipality subject to this subsection authorizes prior service credit under Subsection (a) to an employee described by this subsection, the employee is only entitled to excluded prior service credit.
(b)  A member may claim prior service credit under this section by filing, not later than one year after the effective date of the ordinance authorizing the credit, a detailed statement of the service with the clerk or secretary of the municipality.
(c)  As soon as practicable after a member has filed a statement of prior service under this section, the municipality shall verify the prior service claimed and certify to the retirement system the creditable prior service approved and the average monthly compensation paid to the member during the period of the service.
(d)  After receiving a certification of prior service and average monthly compensation under this section, the retirement system shall:
(1)  determine the prior service credit allowable to the member in the manner provided by Section 853.105; and
(2)  issue to the member a prior service certificate as provided by Section 853.106.
Added by Acts 1989, 71st Leg., ch. 136, Sec. 1, eff. May 25, 1989.  Renumbered from Title 110B, Sec. 63.303 and amended by Acts 1989, 71st Leg., ch. 1100, Sec. 4.08(a)(1) to (3), eff. Sept. 1, 1989.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 991 (S.B. 1337), Sec. 7, eff. January 1, 2020.