reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 813 - Creditable Service › Subchapter B. Provisions Generally Applicable to Establishment of Service › Section 813.101. Determination of Required Deposits

Sec. 813.101.  DETERMINATION OF REQUIRED DEPOSITS.  The retirement system shall determine in each case the amount of money to be deposited by a member claiming credit for membership or military service previously canceled or not previously established.  The system may not provide benefits based on the claimed service until the determined amount has been fully paid.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 23.101 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 813 - Creditable Service › Subchapter B. Provisions Generally Applicable to Establishment of Service › Section 813.102. Service Credit Previously Canceled

Sec. 813.102.  SERVICE CREDIT PREVIOUSLY CANCELED.  (a)  A member who has withdrawn contributions and canceled service credit in a class of membership may, if eligible as provided by Section 813.403 or 813.504, reestablish the canceled service credit in the retirement system.
(b)  A member may reestablish credit by depositing with the retirement system in a lump sum the amount withdrawn from a membership class, plus interest computed on the basis of the state fiscal year at an annual rate of 10 percent from the date of withdrawal to the date of redeposit.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 23.102 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1541, Sec. 6, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 347 (S.B. 1176), Sec. 7, eff. September 1, 2006.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 813 - Creditable Service › Subchapter B. Provisions Generally Applicable to Establishment of Service › Section 813.104. Alternative Payments and Methods to Establish or Reestablish Service Credit

Sec. 813.104.  ALTERNATIVE PAYMENTS AND METHODS TO ESTABLISH OR REESTABLISH SERVICE CREDIT.  (a)  The board of trustees may adopt rules to provide procedures for making installment payments to establish or reestablish credit in the retirement system as alternatives to lump-sum payments otherwise authorized or required by this subtitle.  The methods may include payment by payroll deduction.
(b)  Except as provided by Subsection (c), payments may not be made under a rule adopted under this section:
(1)  to establish or reestablish service credit of a person who is currently retired or has died;  or
(2)  to establish current service under Section 813.201.
(c)  Under a rule adopted under this section, the designated beneficiary of a deceased member or, if none exists, the personal representative of the decedent's estate may establish or reestablish service for which the member was eligible at the time of death if the establishment of the service would result in the payment of a death benefit annuity or an increase in the amount of a death benefit annuity.
(d)  The payment for the establishment or reestablishment of service under Subsection (c) must be made in a lump sum and completed before the first payment of a death benefit annuity, but not later than the 60th day after the date the retirement system receives notice of the death.
(e)  The retirement system may provide for the electronic filing of agreements to establish or reestablish service credit.  In this subsection, "electronic filing" has the meaning assigned by Section 814.010(a).
Added by Acts 1993, 73rd Leg., ch. 791, Sec. 3, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 586, Sec. 6, eff. Aug. 28, 1995;  Acts 1997, 75th Leg., ch. 964, Sec. 1, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1048, Sec. 3, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1541, Sec. 7, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1111, Sec. 14, 15, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1310, Sec. 49, 50, eff. June 20, 2003.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 813 - Creditable Service › Subchapter B. Provisions Generally Applicable to Establishment of Service › Section 813.106. Service Not Previously Established

Sec. 813.106.  SERVICE NOT PREVIOUSLY ESTABLISHED.  The state shall make contributions for service not previously established that is established under Section 813.104 in the amount provided by Section 813.202(c) for membership service or the amount provided by Section 813.302(d) for military service, as applicable.  The state contributions will be made at the time the service credit is granted.
Added by Acts 1993, 73rd Leg., ch. 791, Sec. 5, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 964, Sec. 2, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1048, Sec. 4, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 813 - Creditable Service › Subchapter C. Establishment of Membership Service › Section 813.201. Current Service

Sec. 813.201.  CURRENT SERVICE.  (a)  Except as otherwise provided by this section, service is credited in the applicable membership class for each month in which a member holds a position and for which the required contributions are made by the member and the state.
(b)  A member may not accrue or establish service credit in the employee class of membership when the total amount of service credit, multiplied by the percentage in effect for computing annuities under Section 814.103, 814.105, or 814.107 would exceed the number 100.  When the maximum amount of service credit is accrued or established by a member in the employee or elected class, member and state contributions cease, although the member retains membership subject to Section 812.005.
(c)  Service may not be credited in both membership classes for the same period unless one of the credits is for service established under Section 813.402 of this subtitle.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 23.201 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1989, 71st Leg., ch. 616, Sec. 3, eff. June 14, 1989;  Acts 1991, 72nd Leg., ch. 850, Sec. 5, eff. Sept. 1, 1991;  Acts 1999, 76th Leg., ch. 1541, Sec. 8, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1231, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 813 - Creditable Service › Subchapter C. Establishment of Membership Service › Section 813.202. Membership Service Not Previously Established

Sec. 813.202.  MEMBERSHIP SERVICE NOT PREVIOUSLY ESTABLISHED.  (a)  Except as provided by Section 813.402, any member may establish service credit in the retirement system for membership service not previously established.
(b)  A member may establish credit under this section by depositing with the retirement system in a lump sum a contribution computed as provided by Section 813.404 or 813.505, plus interest computed on the basis of the state fiscal year at an annual rate of 10 percent from the date the service was performed to the date of deposit.
(c)  The state shall contribute for service established under this section an amount in the same ratio to the member's contribution and interest paid under Subsection (b) for the service as the state's contribution bears to the contribution for current service required of a member of the employee class at the time the service is established under this section.  The state's contribution and interest must be paid from the fund or account from which the member receives compensation at the time the service is established or, if the member does not hold a position at the time the service is established, from the fund or account from which the member received compensation when the member most recently held a position.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1110, ch. 252, Sec. 1, eff. Aug. 29, 1983.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 23.202 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 1048, Sec. 5, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1541, Sec. 9, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 618 (S.B. 1459), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 813 - Creditable Service › Subchapter D. Establishment of Military Service › Section 813.301. Creditable Military Service

Sec. 813.301.  CREDITABLE MILITARY SERVICE.  (a)  Military service creditable in the retirement system is active federal duty as a member of the armed forces of the United States.
(b)  A member may establish one month of service credit for each month or fraction of a month of duty, but not more than 60 months of service credit in the retirement system for military service.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 23.301 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 5, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1048, Sec. 6, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 813 - Creditable Service › Subchapter D. Establishment of Military Service › Section 813.302. Military Service Not Previously Established

Sec. 813.302.  MILITARY SERVICE NOT PREVIOUSLY ESTABLISHED.  (a)  An eligible member may establish service credit in the retirement system for military service performed that is creditable as provided by Section 813.301.
(b)  A member eligible to establish military service credit is one who:
(1)  does not receive and is not eligible to receive federal retirement payments based on 20 years or more of active federal military duty;
(2)  has been released from military duty under conditions not dishonorable; and
(3)  has credit in the retirement system for membership service performed after the member's date of release from active military duty.
(c)  A member may establish credit under this section by depositing with the retirement system in a lump sum a contribution computed as provided by Section 813.404 or 813.505, plus, if the member does not establish the credit before the first anniversary of the date of first eligibility, interest computed on the basis of the state fiscal year at an annual rate of 10 percent from the date of first eligibility to the date of deposit.
(d)  The state shall contribute for service established under this section an amount in the same ratio to the member's contribution for the service as the state's contribution bears to the contribution for current service required of a member of the employee class at the time the service is established under this section.  The state's contribution shall be paid from the fund from which the member receives compensation at the time the service is established or, if the member does not hold a position at the time the service is established, from the fund from which the member received compensation when the member most recently held a position.
(e)  The board of trustees may require members applying for credit under this section to submit any information the board finds necessary to enable it to determine eligibility for or amount of service or amounts of required contributions.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1110, ch. 252, Sec. 2, eff. Aug. 29, 1983;  Acts 1985, 69th Leg., ch. 90, Sec. 1, eff. Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 23.302 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 618 (S.B. 1459), Sec. 6, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 813 - Creditable Service › Subchapter D. Establishment of Military Service › Section 813.303. Service Credited to Membership Class

Sec. 813.303.  SERVICE CREDITED TO MEMBERSHIP CLASS.  (a)  Except as provided by Subsection (b) or Section 813.304(d), military service is creditable in a class of membership that includes a position held by the member who performed the service after the date of release from active military duty.
(b)  Military service performed by a person who was a contributing member immediately before the date the member began military duty may be credited, at the option of the member, in the class of membership that includes the position held by the member immediately before the date the member began the military duty.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 23.303 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 813 - Creditable Service › Subchapter D. Establishment of Military Service › Section 813.304. Use of Military Service Credit

Sec. 813.304.  USE OF MILITARY SERVICE CREDIT.  (a)  The retirement system shall use military service credit in computing occupational disability retirement benefits and death benefits and in determining eligibility to select an optional death benefit plan.
(b)  The retirement system shall use military service credit in computing service retirement or nonoccupational disability retirement benefits of a member of the employee class only if the member has, without military service credit, at least five years of service credit in that class.
(c)  The retirement system shall use military service credit in computing service retirement or nonoccupational disability retirement benefits of a member of the elected class:
(1)  only if the member has, without military service credit, at least six years of service credit in that class, if the military service credit was established before January 1, 1978;  or
(2)  only if the member has enough service credit, exclusive of the military service credit, to be eligible for service retirement benefits at age 60, if the military service credit was established on or after January 1, 1978.
(d)  The board of trustees by rule may permit a person who retires with at least 10 years of service credit, excluding military service credit, to receive service retirement benefits as an elected officer for the percentage of the person's military service credit, but not more than 100 percent, that is derived by dividing the number of months served as an elected officer by 96 months.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 23.304 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 6, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 791, Sec. 6, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 813 - Creditable Service › Subchapter D. Establishment of Military Service › Section 813.305. Military Service Credit Governed by Uniformed Services Employment and Reemployment Rights Act

Sec. 813.305.  MILITARY SERVICE CREDIT GOVERNED BY UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT.  The retirement system may adopt rules to comply with the Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. Section 4301 et seq.) and other federal laws affecting the crediting of military service.
Added by Acts 1995, 74th Leg., ch. 586, Sec. 7, eff. Aug. 28, 1995.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 813 - Creditable Service › Subchapter E. Provisions Applicable to Elected Class › Section 813.401. Service Creditable in Elected Class

Sec. 813.401.  SERVICE CREDITABLE IN ELECTED CLASS.  Service creditable in the elected class of membership is:
(1)  membership service in an office included in that class; and
(2)  for members other than cash balance group members:
(A)  military service established as provided by Subchapter D; and
(B)  equivalent membership service specifically made creditable in that class.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 23.401 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 297, Sec. 3, eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 940 (S.B. 321), Sec. 7, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 813 - Creditable Service › Subchapter E. Provisions Applicable to Elected Class › Section 813.402. Credit for Year in Which Eligible for Office

Sec. 813.402.  CREDIT FOR YEAR IN WHICH ELIGIBLE FOR OFFICE.  (a)  A member may establish service credit in the elected class for any calendar year during any part of which:
(1)  the member held an office included in that class;  or
(2)  the member was eligible to take the oath for an office included in that class.
(b)  A member may establish credit under this section by depositing with the retirement system in a lump sum a contribution computed as provided by Section 813.404, plus interest computed at an annual rate of 10 percent from the fiscal year in which the service was performed to the date of deposit.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1110, ch. 252, Sec. 3, eff. Aug. 29, 1983.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 23.402 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 1048, Sec. 7, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1541, Sec. 10, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 813 - Creditable Service › Subchapter E. Provisions Applicable to Elected Class › Section 813.403. Eligibility for Service Credit Previously Canceled

Sec. 813.403.  ELIGIBILITY FOR SERVICE CREDIT PREVIOUSLY CANCELED.  A member may, under Section 813.102(b), reestablish service credit previously canceled if the member, after cancellation of the credit, takes an oath of office for a position included in the elected class.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 23.403 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 813 - Creditable Service › Subchapter E. Provisions Applicable to Elected Class › Section 813.404. Contributions for Service Not Previously Established

Sec. 813.404.  CONTRIBUTIONS FOR SERVICE NOT PREVIOUSLY ESTABLISHED.  For each month of membership, military, or equivalent membership service not previously credited in the retirement system, a member claiming credit in the elected class shall pay a contribution in an amount equal to the greater of:
(1)  eight percent of the monthly salary paid to members of the legislature at the time the credit is established; or
(2)  the appropriate member contribution provided by Section 815.402 for a person who holds, at the time the credit is established, the office for which credit is sought.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 23.404 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 297, Sec. 4, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1249 (S.B. 1664), Sec. 5, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 813 - Creditable Service › Subchapter F. Provisions Applicable to Employee Class › Section 813.501. Service Creditable in Employee Class

Sec. 813.501.  SERVICE CREDITABLE IN EMPLOYEE CLASS.  Service creditable in the employee class of membership is:
(1)  membership service in a position included in that class;
(2)  military service established as provided by Subchapter D;
(3)  service creditable in or transferred from the elected class as provided by Section 813.503;  and
(4)  administrative board service established as provided by Section 813.502.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 23.501 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 813 - Creditable Service › Subchapter F. Provisions Applicable to Employee Class › Section 813.502. Administrative Board Service

Sec. 813.502.  ADMINISTRATIVE BOARD SERVICE.  (a)  A member who established during December, 1977, service credit for administrative board service performed during that month, may:
(1)  remain a contributing member of the retirement system accruing service credit in the employee class for continuous service on an eligible board;  and
(2)  establish service credit for previous service on an eligible board.
(b)  Contributions for administrative board service are computed on the basis of the highest salary paid during the time for which credit is sought to an officer or employee of the agency, commission, or department on whose board the member serves.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 23.502 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 813 - Creditable Service › Subchapter F. Provisions Applicable to Employee Class › Section 813.503. Credit Transferable Between Elected and Employee Class

Sec. 813.503.  CREDIT TRANSFERABLE BETWEEN ELECTED AND EMPLOYEE CLASS.  (a)  Subject to Subsection (a-1), a member may establish in, or have transferred to, the employee class all service credited in the elected class, if the contributions made to establish the service in the elected class equal or exceed contributions required of a member of the employee class for the same amount of service during the same time and at the same rate of compensation.  Subject to Subsection (a-1), a member or retiree who has, or had at the time of retirement, at least eight years of service credit in the elected class of membership, exclusive of military service, may transfer service credit between classes before or after retirement.
(a-1)  A member or retiree who takes the oath of office for a position included in the elected class of membership, other than a district attorney or criminal district attorney, may not transfer service to the employee class under Subsection (a) until the person no longer holds that position.
(b)  A member or retiree who has, or had at the time of retirement, at least 20 years of service credit in the retirement system, including the sum of at least 10 years of service credit as a person who has been elected or appointed to two or more offices of a house of the legislature, as recorded in the journals of the senate and the house of representatives, may transfer the person's service credit to the elected class.  A person who makes a transfer under this subsection may continue to transfer the credit between classes before or after retirement.
(c)  A retiree, or the designated beneficiary of a deceased retiree, who retired from the employee class and was eligible to have retired from the elected class may elect to have the annuity recomputed as if the retirement had been from the elected class.
(d)  A person may make a transfer or election under this section by notifying the retirement system.  If the person making the transfer or election is a retiree or the designated beneficiary of a deceased retiree, payment of benefits under the recomputed annuity begins with the payment that becomes due in the month following the month in which the retirement system receives the notice.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 199, ch. 18, Sec. 12, eff. Nov. 10, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 23.503 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 8, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 998 (H.B. 408), Sec. 1, eff. June 19, 2015.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 813 - Creditable Service › Subchapter F. Provisions Applicable to Employee Class › Section 813.504. Eligibility for Service Credit Previously Canceled

Sec. 813.504.  ELIGIBILITY FOR SERVICE CREDIT PREVIOUSLY CANCELED.  A person may reestablish service credit previously canceled in the retirement system if  the person is a member of the employee class and at least six months have elapsed since the end of the month in which the cancellation became effective.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 23.504 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 791, Sec. 7, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1048, Sec. 8, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1231, Sec. 3, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1111, Sec. 46(4), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 347 (S.B. 1176), Sec. 8, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 813 - Creditable Service › Subchapter F. Provisions Applicable to Employee Class › Section 813.505. Contributions for Service Not Previously Established

Sec. 813.505.  CONTRIBUTIONS FOR SERVICE NOT PREVIOUSLY ESTABLISHED.  (a)  A member claiming credit in the employee class for membership service not previously established shall, for each month of the service, pay a contribution in an amount equal to the greater of:
(1)  the appropriate member contribution provided by Section 815.402 for the service during the time for which credit is sought; or
(2)  $18.
(b)  A member claiming credit in the employee class for military service not previously established shall, for each month of the service, pay a contribution in an amount equal to the greater of:
(1)  the amount that the member contributed for the first full month of membership service that is after the member's date of release from active military duty and that is credited in the retirement system;  or
(2)  $18.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1111, ch. 252, Sec. 4, eff. Aug. 29, 1983.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 23.505 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1249 (S.B. 1664), Sec. 6, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 813 - Creditable Service › Subchapter F. Provisions Applicable to Employee Class › Section 813.513. Credit Purchase Option

Sec. 813.513.  CREDIT PURCHASE OPTION.  (a)  An eligible member may establish not more than 36 months of equivalent membership service credit, including law enforcement or custodial officer service, in either the elected class or the employee class.
(b)  A member is eligible to establish service credit under this section if the member has at least 120 months of actual membership service of the type of service that the member seeks to establish.
(c)  A member may establish service credit under this section by depositing with the retirement system, for each month of service credit, the actuarial present value, at the time of deposit, of the additional standard retirement annuity benefits that would be attributable to the purchase of the service credit under this section, based on rates and tables recommended by the retirement system's actuary and adopted by the board of trustees.
(d)  After a member makes the deposits required by this section, the retirement system shall grant the member one month of equivalent membership service credit for each month of credit approved.
(e)  The retirement system shall deposit the amount of the actuarial present value of the service credit purchased in the member's individual account in the employees saving account.
(f)  The board of trustees may adopt rules to administer this section, including rules that impose restrictions on the application of this section as necessary to cost-effectively administer this section.
Added by Acts 2001, 77th Leg., ch. 1231, Sec. 6, eff. Jan. 1, 2002.
Amended by:
Acts 2005, 79th Leg., Ch. 347 (S.B. 1176), Sec. 9, eff. January 1, 2006.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 813 - Creditable Service › Subchapter F. Provisions Applicable to Employee Class › Section 813.514. Credit Purchase Option for Certain Service

Sec. 813.514.  CREDIT PURCHASE OPTION FOR CERTAIN SERVICE.  (a)  This section applies only to a member who became a member before September 1, 2015.
(a-1)  A member may establish service credit under this section in the employee class only for service performed during a 90-day waiting period to become a member after beginning employment or holding office.
(b)  A member may establish service credit under this section by depositing with the retirement system, for each month of service credit, the actuarial present value, at the time of deposit, of the additional standard retirement annuity benefits that would be attributable to the purchase of the service credit under this section based on rates and tables recommended by the retirement system's actuary and adopted by the board of trustees.
(c)  After a member makes the deposits required by this section, the retirement system shall grant the member one month of equivalent membership service credit for each month of credit approved.
(d)  The retirement system shall deposit the amount of the actuarial present value of the service credit purchased in the member's individual account in the employees saving account.
(e)  The board of trustees may adopt rules to administer this section, including rules that impose restrictions on the application of this section as necessary to cost-effectively administer this section.
Added by Acts 2003, 78th Leg., ch. 1111, Sec. 42, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 347 (S.B. 1176), Sec. 10, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 331 (H.B. 9), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter A. General Provisions › Section 814.001. Types of Benefits

Sec. 814.001.  TYPES OF BENEFITS.  The types of benefits payable by the retirement system are:
(1)  service retirement benefits;
(2)  occupational disability retirement benefits;
(3)  nonoccupational disability retirement benefits;  and
(4)  death benefits.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 24.001 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter A. General Provisions › Section 814.002. Benefits From Both Membership Classes

Sec. 814.002.  BENEFITS FROM BOTH MEMBERSHIP CLASSES.  (a)  If a member has service credit in both classes of membership, is eligible to retire from one class, and does not hold a position included in the other class, the member may retire from both classes and receive benefits based on all service credited in the retirement system.
(b)  If a member is retiring and uses service credited in a class of membership to meet a length-of-service requirement for retirement, the member must retire from that class.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 24.002 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter A. General Provisions › Section 814.003. Effective Date of Retirement

Sec. 814.003.  EFFECTIVE DATE OF RETIREMENT.  (a)  The effective date of a member's service retirement is the date the member designates at the time the member applies for retirement as provided by Section 814.101, but the date must be the last day of a calendar month.
(b)  If a person elects to receive a standard service retirement annuity and dies during the first calendar month that begins after the effective date of the person's retirement, the person is considered to have been a contributing member at the time of death.
(c)  The retirement system may allow an applicant for retirement time after the effective date of the person's retirement to make a selection of a retirement annuity.  If the applicant dies within the time allowed without having given the retirement system notice of a selection, the person is considered to have been a contributing member at the time of death.
(d)  The effective date of a member's disability retirement is the date designated on the application for retirement filed by or for the member as provided by Section 814.201, but the date must be the last day of a calendar month.
(e)  If a person elects to receive a standard disability retirement annuity and dies during the first calendar month that begins after the effective date of the person's retirement, the person is considered to have been a contributing member at the time of death.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 24.003 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 586, Sec. 11, eff. Aug. 28, 1995.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter A. General Provisions › Section 814.004. When Benefits Are Payable

Sec. 814.004.  WHEN BENEFITS ARE PAYABLE.  A monthly annuity payable to a retiree or beneficiary is payable to that person through the month in which the person dies.  A continuation of an optional annuity or the payment of a death or survivor benefit annuity begins with payment for the month following the month in which the death occurs.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 24.004 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 586, Sec. 12, eff. Aug. 28, 1995.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter A. General Provisions › Section 814.005. Waiver of Benefits

Sec. 814.005.  WAIVER OF BENEFITS.  (a)  A person may, on a form prescribed by and filed with the retirement system, waive all or a portion of any benefits from the retirement system to which the person is entitled.  The retirement system also shall give effect as a waiver to a full or partial disclaimer executed in accordance with Chapter 240, Property Code, unless the benefit to be disclaimed is a lifetime annuity.  A person may revoke a waiver of benefits in the same manner as the original waiver was made, unless the original waiver by its terms was made irrevocable.
(b)  A waiver or a revocation of a waiver applies only to benefits that become payable on or after the date the document is filed.
(c)  The retirement system shall transfer to the state accumulation account amounts from the appropriate benefit payment accounts not used to pay benefits because of a waiver executed under this section.
(d)  The board of trustees may adopt rules for the administration of waivers under this section.
Added by Acts 1983, 68th Leg., p. 1147, ch. 257, Sec. 1, eff. May 27, 1983.  Amended by Acts 1985, 69th Leg., ch. 91, Sec. 4, eff. Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 24.005 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 1048, Sec. 11, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 9, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter A. General Provisions › Section 814.006. Simultaneous Death of Member and Beneficiary

Sec. 814.006.  SIMULTANEOUS DEATH OF MEMBER AND BENEFICIARY.  When a member or annuitant and the beneficiary of the member or annuitant have died within a period of less than 120 hours, the member or annuitant is considered to have survived the beneficiary for the purpose of determining the rights to amounts payable under this subtitle on the death of the member or annuitant.
Added by Acts 1995, 74th Leg., ch. 586, Sec. 13, eff. Aug. 28, 1995.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter A. General Provisions › Section 814.007. Beneficiary Causing Death of Member or Annuitant

Sec. 814.007.  BENEFICIARY CAUSING DEATH OF MEMBER OR ANNUITANT.  (a)  Any benefits, funds, or account balances payable on the death of a member or annuitant may not be paid to a person convicted of or adjudicated as having caused that death but instead are payable as if the convicted person had predeceased the decedent.
(b)  A person who becomes eligible under this section to select death or survivor benefits may select benefits as if the person were the designated beneficiary.
(c)  The retirement system shall reduce any annuity computed in part on the age of the convicted or adjudicated person to a lump sum equal to the present value of the remainder of the annuity.  The reduced amount is payable to a person entitled as provided by this section to receive the benefit.
(d)  The retirement system is not required to change the recipient of any benefits, funds, or account balances under this section unless it receives actual notice of the conviction or adjudication of a beneficiary.  However, the retirement system may delay payment of any benefits, funds, or account balances payable on the death of a member or annuitant pending the results of a criminal investigation or civil proceeding and other legal proceedings relating to the cause of death.
(e)  For the purposes of this section, a person has been convicted of or adjudicated as having caused the death of a member or annuitant if the person:
(1)  pleads guilty or nolo contendere to, or is found guilty by a court or jury in a criminal proceeding of, causing the death of the member or annuitant, regardless of whether sentence is imposed or probated, and no appeal of the conviction is pending and the time provided for appeal has expired; or
(2)  is found liable by a court or jury in a civil proceeding for causing the death of the member or annuitant and no appeal of the judgment is pending and the time provided for appeal has expired.
Added by Acts 1995, 74th Leg., ch. 586, Sec. 13, eff. Aug. 28, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1249 (S.B. 1664), Sec. 7, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter A. General Provisions › Section 814.008. Change of Beneficiary After Retirement

Sec. 814.008.  CHANGE OF BENEFICIARY AFTER RETIREMENT.  (a)  A retiree receiving an optional service or disability retirement annuity approved by the board of trustees or described by Section 814.108(c)(1), (c)(2), or (c)(5) or receiving an optional cash balance annuity described by Section 820.0535(c)(1), (c)(2), or (c)(5) may change the designated beneficiary as provided by this section for the benefits payable after the retiree's death.
(b)  If the beneficiary designated at the time of the retiree's retirement is the spouse or former spouse of the retiree:
(1)  the spouse or former spouse must give written, notarized consent to the change;  or
(2)  a court with jurisdiction over the marriage must have ordered the change.
(c)  A beneficiary designated under this section is entitled on the retiree's death to receive monthly payments of the survivor's portion of the retiree's optional retirement annuity for the shorter of:
(1)  the remainder of the life expectancy of the beneficiary designated as of the effective date of the retiree's retirement;  or
(2)  the remainder of the new beneficiary's life.
(d)  A retiree may not change a beneficiary under this section after retirement if the retiree has previously changed after retirement a beneficiary for optional retirement annuity payments under this subtitle.
Added by Acts 1999, 76th Leg., ch. 168, Sec. 1, eff. May 21, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1308 (H.B. 2559), Sec. 9, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 78 (S.B. 729), Sec. 3, eff. May 19, 2023.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter A. General Provisions › Section 814.009. Deduction From Annuity for State Employee Organization

Sec. 814.009.  DEDUCTION FROM ANNUITY FOR STATE EMPLOYEE ORGANIZATION.  (a)  A person who receives an annuity under this subtitle may, on a form prescribed by and filed with the retirement system, authorize the retirement system to deduct from the person's monthly annuity payment the amount of a fee for the person's membership in a state employee organization that:
(1)  is a certified eligible state employee organization under Section 403.0165; or
(2)  has at least 2,500 retirees as members on January 1 preceding the fiscal year for which the deduction is made.
(b)  An authorization made under this section remains in effect until:
(1)  the person who receives the annuity modifies or revokes the authorization;  or
(2)  the state employee organization fails to meet the requirements of Subsection (a).
(c)  The retirement system shall adopt rules to administer this section.
Added by Acts 2001, 77th Leg., ch. 1231, Sec. 7, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 280 (H.B. 1608), Sec. 3, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1249 (S.B. 1664), Sec. 8, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 940 (S.B. 321), Sec. 8, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter A. General Provisions › Section 814.0095. Charitable Deduction From Annuity

Sec. 814.0095.  CHARITABLE DEDUCTION FROM ANNUITY.  (a)  Except as provided by Section 814.0096(c), a person who receives an annuity under this subtitle may, on a printed or electronic form filed with the retirement system, authorize the retirement system to deduct from the person's monthly annuity payment the amount of a contribution to the state employee charitable campaign in the manner and for the same purposes for which a state employee may authorize deductions to that campaign under Subchapter I, Chapter 659.
(b)  An authorization under this section must direct the board of trustees to deposit the deducted funds with the comptroller for distribution as required by Section 659.132(g) in the same manner in which a state employee's deduction is distributed.
(c)  An authorization under this section remains in effect for the period described by Section 659.137 unless the person revokes the authorization by giving notice to the board of trustees.
(d)  The board of trustees may adopt rules to administer this section.  Any rules adopted must be consistent with the comptroller's rules related to the state employee charitable campaign.
Added by Acts 2011, 82nd Leg., R.S., Ch. 280 (H.B. 1608), Sec. 4, eff. June 17, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1249 (S.B. 1664), Sec. 9, eff. September 1, 2011.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 940 (S.B. 321), Sec. 9, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter A. General Provisions › Section 814.0096. Coordination With State Employee Charitable Campaign Policy Committee

Sec. 814.0096.  COORDINATION WITH STATE EMPLOYEE CHARITABLE CAMPAIGN POLICY COMMITTEE.  (a)  The board of trustees and the state employee charitable campaign policy committee established under Section 659.140 shall coordinate responsibility for the administration of charitable deductions from annuity payments to the state employee charitable campaign under Section 814.0095.
(b)  The state employee charitable campaign policy committee is authorized to approve a budget that includes funding for as many of the expenses incurred by the retirement system associated with the implementation and administration of annuitants' participation in the state employee charitable campaign as is practicable, including notification of annuitants.
(c)  Except as provided by this subsection, the board of trustees shall charge an administrative fee to cover any costs not paid under Subsection (b) in the implementation of Section 814.0095 to the charitable organizations participating in the state employee charitable campaign conducted under that section in the same proportion that the contributions to that charitable organization bear to the total of contributions in that campaign.  The board of trustees shall determine the most efficient and effective method of collecting the administrative fee and shall adopt rules for the implementation of this subsection.
(d)  If necessary, the board of trustees and the state employee charitable campaign policy committee may make the annuity deduction authorization under Section 814.0095(a) available in stages to subgroups of the retirement system's annuity recipients as money becomes available to cover the expenses under Subsection (b) of this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 280 (H.B. 1608), Sec. 4, eff. June 17, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1249 (S.B. 1664), Sec. 9, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 9.015, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 9.016, eff. September 1, 2013.