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Texas Government Code - Section 813.509. Credit For Accumulated Sick Leave

Legal Research Home > Texas Laws > Government Code > Texas Government Code - Section 813.509. Credit For Accumulated Sick Leave

§ 813.509. CREDIT FOR ACCUMULATED SICK LEAVE.  (a) A 
member who holds a position included in the employee class of 
membership during the month that includes the effective date of the 
member's retirement and who retires based on service or a 
disability is entitled to service credit in the retirement system 
for the member's sick leave that has accumulated and is unused on 
the last day of employment.
	(b)  A death benefit designee under Section 814.301 or 
814.302 of a member who holds a position included in the employee 
class of membership during the month that includes the member's 
date of death is entitled to service credit in the retirement system 
for the member's sick leave that has accumulated and is unused on 
the member's date of death.
	(c)  Sick leave is creditable in the retirement system at the 
rate of one month of service credit for each 20 days, or 160 hours, 
of accumulated sick leave and one month for each fraction of days or 
hours remaining after division of the total hours of accumulated 
sick leave by 160.
	(d)  A member who holds a position included in the employee 
class may use sick leave creditable under this section to satisfy 
service requirements for retirement under Section 814.104 or 
814.107 if the sick leave attributed to the eligibility 
requirements remains otherwise unused on the last day of 
employment.
	(e)  A death benefit designee under Section 814.302 may use 
the deceased member's sick leave credit under this section to 
qualify for making a death benefit plan selection under Section 
814.302.
	(f)  Except as provided by Subsection (g), the disbursing 
officer of each department or agency shall, before the 11th day 
after the effective date of retirement or date of death of one or 
more employees of the department or agency, certify to the 
retirement system:
		(1)  the name of each person:                                                 
			(A)  whose retirement from the department or 
agency, and from state service, became effective during the 
preceding month;  or
			(B)  who died during the preceding month;  and                               
		(2)  the amount of the person's accumulated sick leave 
on the last day of employment or date of death.
	(g)  The disbursing officer of a department or agency that 
employs a member who applies for retirement under Subsection (d) 
shall, not more than 90 or less than 30 days before the effective 
date of the member's retirement, certify to the retirement system 
the amount of the member's accumulated and unused sick leave.  The 
officer shall immediately notify the retirement system if the 
member uses sick leave after the date of certification.
	(h)  On receipt of a certification under Subsection (f) or 
(g), the retirement system shall grant any credit to which a 
retiring member or retiree who is a subject of the certification is 
entitled.  An increase in the computation of an annuity because of 
credit provided by this section after a certification under 
Subsection (f) begins with the first payment that becomes due after 
certification.
	(i)  The retirement system shall cancel the retirement of a 
person who used sick leave creditable under this section to qualify 
for service retirement if the sick leave is otherwise used by the 
person before the effective date of retirement.
	(j)  In this section, "sick leave" does not include credit 
granted under an agency sick-leave pool or under the Family and 
Medical Leave Act of 1993 (Pub.  L. 103-3) and its subsequent 
amendments.

Added by Acts 1989, 71st Leg., ch. 1165, § 1, eff. Sept. 1, 1989.  
Renumbered from Title 110B, § 23.509 and amended by Acts 1989, 
71st Leg., ch. 1100, § 4.10(a), eff. Sept. 1, 1989.  Amended by 
Acts 1993, 73rd Leg., ch. 791, § 8, 56(1), eff. Sept. 1, 1993;  
Acts 1995, 74th Leg., ch. 586, § 9, eff. Aug. 28, 1995;  Acts 
1997, 75th Leg., ch. 1048, § 10, eff. Sept. 1, 1997;  Acts 2001, 
77th Leg., ch. 1231, § 4, eff. Sept. 1, 2001.

Last modified: August 11, 2007