Texas Vernon's Texas Civil Statutes - Article 6228a-6. Administration Of Social Security Programs By Employees Retirement System
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Art. 6228a-6. ADMINISTRATION OF SOCIAL SECURITY PROGRAMS BY
EMPLOYEES RETIREMENT SYSTEM. Section 1. [Amends Vernon's
Ann.Civ.St. arts. 695g, Sec. 1(d), 2 and 5 and 695h, Sec. 1(d) and 2
and V.T.C.A., Education Code Sec. 17.91.]
Transfer of administration from Department of Public Welfare;
contracts and agreements to remain in force and effect; succession
to rights, powers, duties, etc.
Sec. 2. The operation and administration of the programs
providing federal social security coverage for: (1) employees of
counties, municipalities, and other political subdivisions of the
State of Texas (Chapter 500, Acts of the 52nd Legislature, 1951, as
amended (Article 695g, Vernon's Texas Civil Statutes)); (2) state
employees (Chapter 467, Acts of the 54th Legislature, 1955, as
amended (Article 695h, Vernon's Texas Civil Statutes)); and (3)
employees of County Board of School Trustees and County School
Superintendents (Section 17.91, Texas Education Code) shall be and
are hereby transferred effective September 1, 1975, from the State
Department of Public Welfare to the Employees Retirement System of
Texas. All contracts and agreements in existence on the effective
date of the transfer between the State Department of Public Welfare
and the United States government or any and all local political
subdivisions of the State of Texas or any other governmental entity
shall remain in full force and effect and, upon validation by the
Employees Retirement System of Texas, shall become effective
contracts or agreements between the Employees Retirement System of
Texas and such United States government or any agency thereof or any
political subdivisions or other governmental entity of the State of
Texas.
The Employees Retirement System of Texas shall succeed to and
be vested with all the rights, powers, duties, personnel, property
records, trust funds, and appropriations now held by the State
Department of Public Welfare for the operation and administration
of the social security programs.
Employees: transfer, appointment, duties, qualifications and
compensation
Sec. 3. All personnel employed in the Social Security
Division of the State Department of Public Welfare are transferred
to the Employees Retirement System of Texas. The system shall
appoint all employees and shall prescribe their duties and
qualifications for employment. The salaries and compensations of
all employees shall be fixed by the Employees Retirement System of
Texas commensurate with prevailing rates for similar state
positions.
Transfer of personal property and equipment
Sec. 4. All personal property and equipment purchased out of
the Social Security Administration Account now in use by the Social
Security Division of the State Department of Public Welfare for the
operation and administration of the program are hereby transferred
to the Employees Retirement System of Texas.
Transfer of trust funds
Sec. 5. All trust funds created for social security purposes
and specifically those known as the Social Security Fund Account
identified in the state comptroller's records as Fund No. 913 and
the Social Security Administration Account identified in the state
comptroller's records as Fund No. 929 are hereby transferred to the
Employees Retirement System of Texas.
Negotiation for and acquisition of lands, buildings and facilities
Sec. 6. The Employees Retirement System of Texas is hereby
authorized to negotiate for and to acquire from the United States
government or any agency thereof or from any source whatever by
gift, purchase, or leasehold for and on behalf of the State of Texas
for use in the state service and in the operation and administration
of the federal social security program as it now exists, or as it
may hereafter be amended, any lands, buildings, and facilities
within the State of Texas and any personal property and equipment
wherever located and to take title thereto for and in the name of
the State of Texas.
Use of trust funds
Sec. 7. Employees retirement system trust funds shall not be
used in any manner or at any time for the administration of the
social security trust funds or programs provided for herein.
Effective date
Sec. 8. This Act shall become effective September 1, 1975.
Repeal of conflicting laws; saving provisions
Sec. 9. All laws or parts of laws in conflict herewith are
hereby repealed to the extent of such conflict only. It is
expressly provided, however, that Chapter 500, Acts of the 52nd
Legislature, 1951, as amended (Article 695g, Vernon's Texas Civil
Statutes), Chapter 467, Acts of the 54th Legislature, 1955, as
amended (Article 695h, Vernon's Texas Civil Statutes), and Section
17.91, Texas Education Code, shall continue in full force and
effect except wherein they conflict with this Act and, more
particularly, those portions of those articles placing the
operation and administration of the federal social security program
under the State Department of Public Welfare, and wherever any
power, duty, function, or responsibility is placed upon the
executive director (commissioner) of public welfare, it shall be
vested in the Employees Retirement System of Texas.
Acts 1975, 64th Leg., p. 966, ch. 366, Sec. 2 to 9, eff. Sept. 1,
1975.
Article: 6224 6225 6226 6227 6227a 6228 6228a-5 6228a-6 6228d 6228e 6228h 6228j 6243b 6243c
Last modified: August 10, 2007
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