The Attorney General of Texas 

December 15, 1978 

JOHN L. HILL 

Attorney General 

Honorable Joseph N. Murphy, Jr. 

Executive Director 

Opinion No. H- 12 8 5 

Employees Retirement System of Texas 

P. 0. Box 12337, Capitol Station 

Austin, Texas 78711 

Re: Whether a judge who 

retires before he is 65 is eligible 

for the additional 10% benefit 

authorized by article 6228b, 

S 2(a) for those who retire before 

age 70. 

Dear Mr. Murphy: 

You have requested our opinion regarding a provision of article 6228b. 

V.T.C.S., the Judicial Retirement Act. Section 2(a) authorizes the retirement 

of judges who have attained the age of 65. It further states, in pertinent 

part: 

Any person retiring in accordance with this Act after 

the effective date of this amendment shall, during the 

remainder of such person’s lifetime receive from the 

State of Texas monthly a base retirement payment 

equal to fifty percent (50%) of the salary being 

received by a judge of a court of the same classification last served by such person as judge. An additional 

ten percent (10%) of the applicable salary shall be 

added to the base retirement payments to the 

following judges: (1) those eligible for retirement 

under any provisions of this Act as amended who retire 

at or before age seventy (70); and (2) those who are not 

eligible by length of service to retirement benefits at 

age 70 but who retire immediately upon becoming 

eligible. 

(Emphasis added). Section 2(d) provides for the retirement of any judge who 

ls at least 60, but less than 65 years of age. The benefits accruing to such a 

person are 

reduced from age sixty-five (65) years and his monthly 

base retirement payments shall be the following 

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Honorable Joseph N. Murphy, Jr. - Page 2 (H-1285) 

percent of the salary being received by a judge of a court of 

the same classification last served by such person as a judge, 

based upon his retirement age. . . . 

An individual who retires at age 60 is eligible for a 40 percent benefit, and the 

percentage increases for each year to age 64, when it is 47.7 percent of full salary. 

You ask whether a retiree under section 2(d) is eligible for the additional 10 percent 

benefit provided by section 2(a). 

In our opinion, the additional 10 percent benefit is available to a judge who 

retires under section 2(d). The benefit “shall be added to the base retirement 

payment” of any judge “eligible for retirement under s provision” of the Act, 

provided he retires “at or before age seventy (701.” Section 2(d), describing 

“monthly base retirement payments” for certain retirees, is indisputably such a 

provision. In addition, while section 2(d) was added in 1971, section 2(a) was last 

amended in 1977. Since the legislature must be presumed to have chosen its 

language carefully, and since section 2(a) represents the latest expression of 

legislative intent, it is our opinion that a judge who retires prior to age 65 under 

the provisions of section 2(d) of article 6228b is eligible for the additional 10 

percent provided by section 2(a). 

SUMMARY 

A judge who retires prior to age 65 under the provisions of 

section 2(d) of article 6228b, V.T.C.S., is eligible for the 

additional 10 percent benefit provided by section 2(a) of that 

statute. 

Opinion Committee 

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