reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 830 - Optional Retirement Program › Subchapter B. Participation › Section 830.101. Eligibility to Participate

Sec. 830.101.  ELIGIBILITY TO PARTICIPATE.  (a)  The governing board of each institution of higher education shall provide an opportunity to participate in the optional retirement program to all faculty members in the component institutions governed by the board. The State Board of Education shall provide an opportunity to participate in the optional retirement program to the commissioner of education.
(b)  Eligibility to participate in the optional retirement program is subject to rules adopted by the Texas Higher Education Coordinating Board.
(c)  A person who before September 1, 1987, had chosen to participate in the optional retirement program and who was participating in the program on September 1, 1987, is entitled to continue to participate in the program until the person terminates participation as provided by Section 830.105(a).
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 58, Sec. 2, eff. Oct. 20, 1987.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 36.101 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 391, Sec. 74, eff. July 1, 1991.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 830 - Optional Retirement Program › Subchapter B. Participation › Section 830.102. Option to Participate

Sec. 830.102.  OPTION TO PARTICIPATE.  (a)  A member of the retirement system who is eligible to participate in the optional retirement program may elect to continue as a member of the retirement system or to participate in the optional retirement program.
(b)  A person eligible to participate in the optional retirement program on the date the program becomes available at the person's place of employment must elect to participate in the program no later than August 1 of the calendar year after the year in which the program becomes available.
(c)  Except as provided by Subsections (c-1) and (c-2), a person who becomes eligible to participate in the optional retirement program after the date the program becomes available at the person's place of employment must elect to participate before the 91st day after becoming eligible.
(c-1)  A person who becomes eligible to participate in the optional retirement program and is notified by the person's employer of the opportunity to participate in the program after the first day and before the 91st day after the date the person becomes eligible must elect to participate in the program before the later of:
(1)  the 91st day after the date the person becomes eligible; or
(2)  the 31st day after the date the person receives notice of the opportunity to participate in the program.
(c-2)  A person who becomes eligible to participate in the optional retirement program and is notified by the person's employer of the opportunity to participate in the program on or after the 91st day after the date the person becomes eligible must be notified by the employer before the 151st day after the date the person becomes eligible.  The person must elect to participate in the program before the later of:
(1)  the 151st day after the date the person becomes eligible; or
(2)  the 31st day after the date the person receives notice of the opportunity to participate in the program.
(d)  An eligible person who does not elect to participate in the optional retirement program is considered to have chosen to continue membership in the retirement system.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 36.102 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 186 (S.B. 1954), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 830 - Optional Retirement Program › Subchapter B. Participation › Section 830.103. Effect of Transfers and Changes in Employment Status

Sec. 830.103.  EFFECT OF TRANSFERS AND CHANGES IN EMPLOYMENT STATUS.  (a)  An institution of higher education shall accept the transfer of a participant's optional retirement program from another institution of higher education or from the Texas Education Agency.  The Texas Education Agency shall accept the transfer of a participant's optional retirement program from an institution of higher education if the participant becomes commissioner of education.
(b)  If, after participating in the optional retirement program for at least one year, a person becomes employed in an institution of higher education in a position normally covered by the retirement system, the person shall continue participation in the optional retirement program if the person has had no intervening employment in the public schools other than as commissioner of education or a position in an institution of higher education.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 36.103 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 391, Sec. 75, eff. July 1, 1991;  Acts 1997, 75th Leg., ch. 165, Sec. 6.25, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 830 - Optional Retirement Program › Subchapter B. Participation › Section 830.104. Withdrawal of Contributions to the Retirement System

Sec. 830.104.  WITHDRAWAL OF CONTRIBUTIONS TO THE RETIREMENT SYSTEM.  (a)  A person who is a participant in the optional retirement program may withdraw accumulated contributions from the retirement system.
(b)  An application to withdraw contributions under this section must be in writing and on a form prescribed by the board of trustees.
(c)  Before the first anniversary of the date an application is received, the retirement system shall pay a withdrawing member the member's accumulated contributions.
(d)  A person who withdraws contributions under this section relinquishes all accrued rights in the retirement system.
(e)  Nothing in Section 830.105 precludes the election by a participant to withdraw accumulated contributions under this section.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 36.104 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 C - Teacher Retirement System of Texas › Chapter 830 - Optional Retirement Program › Subchapter B. Participation › Section 830.105. Termination of Participation

Sec. 830.105.  TERMINATION OF PARTICIPATION.  (a)  A person terminates participation in the optional retirement program, without losing any accrued benefits, by:
(1)  death;
(2)  retirement;  or
(3)  termination of employment in all institutions of higher education.
(b)  A change of company providing optional retirement program benefits or a participant's transfer between institutions of higher education is not a termination of employment.
(c)  The benefits of an annuity purchased under the optional retirement program are available only if the participant obtains the age of 70-1/2 years or terminates participation in the program as provided by Subsection (a).
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 208, ch. 18, Sec. 37, eff. Nov. 10, 1981;  Acts 1987, 70th Leg., ch. 173, Sec. 1, eff. Aug. 31, 1987.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 36.105 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 C - Teacher Retirement System of Texas › Chapter 830 - Optional Retirement Program › Subchapter B. Participation › Section 830.106. Eligibility for Resumption of Membership

Sec. 830.106.  ELIGIBILITY FOR RESUMPTION OF MEMBERSHIP.  A participant in the optional retirement program is not eligible for membership in the retirement system unless the person:
(1)  terminates employment covered by the optional retirement program;  and
(2)  becomes employed in the public school system or with a state agency in a position that is not eligible for participation in the optional retirement program.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 36.106 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 586, Sec. 34, eff. Aug. 28, 1995.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 830 - Optional Retirement Program › Subchapter B. Participation › Section 830.107. Investment Advisory Fees

Sec. 830.107.  INVESTMENT ADVISORY FEES.  (a)  A participant in the optional retirement program may authorize the payment of investment advisory fees from the amount in the participant's custodial account or annuity if:
(1)  the investment advisory fees for each fiscal year do not exceed two percent of the annual value of the participant's custodial account or annuity as of the last day of that fiscal year;
(2)  the fees are paid directly to a registered investment advisor that provides investment advice to the participant;
(3)  the investment advisor to whom the fees are paid is registered with the Securities and Exchange Commission under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) and is engaged full-time in the business of providing investment advice;
(4)  the participant and the investment advisor enter into a contract, for a term of no more than one year, for services that provides for the payment of fees as provided by this section;  and
(5)  the attorney general has received an official determination from the Internal Revenue Service that payment of investment advisory fees as prescribed by this section is not a distribution of funds that is prohibited or subject to taxation and penalty under the Internal Revenue Code.
(b)  The attorney general shall request an official determination from the Internal Revenue Service concerning whether the payment of investment advisory fees as prescribed by this section is a distribution of funds that is prohibited or subject to taxation and penalty under the Internal Revenue Code.  If the attorney general receives an official determination from the Internal Revenue Service as specified by this subsection, the attorney general shall file the official determination with the secretary of state's office for publication in the Texas Register.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 11.07(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 830 - Optional Retirement Program › Subchapter C. Contributions and Benefits › Section 830.2015. Supplemental Contributions From Institutions of Higher Education

Sec. 830.2015.  SUPPLEMENTAL CONTRIBUTIONS FROM INSTITUTIONS OF HIGHER EDUCATION.  (a)  Each fiscal year, the governing board of an institution of higher education may make a contribution to the optional retirement program as provided by this section.  The governing board may use any source of funds for the contribution.
(b)  A contribution under this section may be any amount that is equal to or less than the difference between the amount the state is required to contribute under Section 830.201 to the benefit of each participant employed by the institution of higher education and the amount the state appropriates for that purpose.
(c)  The governing board of an institution of higher education may contribute an amount under this section to the benefit of a participant employed by an institution of higher education on or before August 31, 1995, that is different from the amount the governing board contributes to the benefit of a participant employed by an institution of higher education after that date.
Added by Acts 2003, 78th Leg., ch. 418, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 830 - Optional Retirement Program › Subchapter C. Contributions and Benefits › Section 830.204. Salary Reduction Agreement

Sec. 830.204.  SALARY REDUCTION AGREEMENT.  (a)  A participant in the optional retirement program and either the employing institution of higher education or, as applicable, the Texas Education Agency, acting through its governing board, shall execute an agreement under which the salary of the participant is reduced by the amount of the contribution required under Section 830.201 and under which the employer or agency contributes an amount equal to the reduction for any type of investment authorized in Section 403(b) of the Internal Revenue Code of 1986 (26 U.S.C. Section 403) or toward the purchase of an annuity under the program.
(b)  An agreement under this section is irrevocable until the earlier of the time:
(1)  the participant ceases participation in the optional retirement program;  or
(2)  it is determined by the Internal Revenue Service or by legislative enactment that the contributions of participants to the optional retirement program are elective deferrals within the meaning of Section 402 of the Internal Revenue Code of 1986 (26 U.S.C. Section 402).
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 208, ch. 18, Sec. 38, eff. Nov. 10, 1981;  Acts 1987, 70th Leg., ch. 173, Sec. 3, eff. Aug. 31, 1987.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 36.203 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 391, Sec. 77, eff. July 1, 1991;  Acts 1997, 75th Leg., ch. 165, Sec. 6.27, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 830 - Optional Retirement Program › Subchapter C. Contributions and Benefits › Section 830.205. Benefits

Sec. 830.205.  BENEFITS.  Benefits in the optional retirement program vest in a participant after one year of participation in one or more optional retirement plans operating under this chapter.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 36.204 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 391, Sec. 78, eff. July 1, 1991.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle D - Judicial Retirement System of Texas Plan One › Chapter 831 - General Provisions › Section 831.001. Definitions

Sec. 831.001.  DEFINITIONS.  In this subtitle:
(1)  "Annuity" means an amount of money payable in monthly installments for life or for another period as provided by this subtitle.
(2)  "Board of trustees" means the entity given responsibility under Section 835.001 for the administration of the retirement system.
(3)  "Judicial officer" means a person who presides over a court or a commission to a court named in Section 832.001 and who has never been a member of the Judicial Retirement System of Texas Plan Two.
(4)  "Retiree" means a person who receives an annuity based on service that was credited to the person.
(5)  "Retirement system" means the Judicial Retirement System of Texas Plan One or, as to periods before September 1, 1985, the Judicial Retirement System of Texas.
(6)  "Service credit" means the amount of membership, military, and equivalent membership service ascribed by the retirement system to a person and for which the person has made required contributions.
(6-a)  "State salary" does not include the amount of any longevity pay payable under Section 659.0445.
(7)  "Supreme court" means the Supreme Court of Texas.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 602, Sec. 7, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 41.001 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1328 (S.B. 1519), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle D - Judicial Retirement System of Texas Plan One › Chapter 831 - General Provisions › Section 831.002. Purpose of Subtitle

Sec. 831.002.  PURPOSE OF SUBTITLE.  The purpose of this subtitle is to establish a program of benefits for members, retirees, and other beneficiaries of the retirement system and to establish rules for the management and operation of the retirement system.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 41.002 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle D - Judicial Retirement System of Texas Plan One › Chapter 831 - General Provisions › Section 831.003. Retirement System

Sec. 831.003.  RETIREMENT SYSTEM.  The retirement system is an entity of the state.  The Judicial Retirement System of Texas Plan One is the name by which all business of the retirement system shall be transacted and all its property held.  Unless the context clearly indicates otherwise, a reference in law to the Judicial Retirement System of Texas is a reference to the Judicial Retirement System of Texas Plan One.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 602, Sec. 8, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 41.003 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 D - Judicial Retirement System of Texas Plan One › Chapter 831 - General Provisions › Section 831.004. Exemption From Execution

Sec. 831.004.  EXEMPTION FROM EXECUTION.  All annuity and other benefit payments from the retirement system, contribution refunds, and rights accrued or accruing under this subtitle to any person are exempt from garnishment, attachment, state and local taxation, levy, sale, and any other process, and are unassignable.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 41.004 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle D - Judicial Retirement System of Texas Plan One › Chapter 832 - Membership › Subchapter A. Membership › Section 832.001. Eligibility for Membership

Sec. 832.001.  ELIGIBILITY FOR MEMBERSHIP.  (a)  Except as provided by Subsection (b), membership in the retirement system is limited to persons who have never been eligible for membership in the Judicial Retirement System of Texas Plan Two and who, before the date the Judicial Retirement System of Texas Plan Two began operation, became judges, justices, and commissioners of:
(1)  the supreme court;
(2)  the court of criminal appeals;
(3)  courts of appeals;
(4)  district courts;  and
(5)  commissions to a court specified in this subsection.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 15.03(4), eff. September 1, 2019.
(c)  Membership in the retirement system is mandatory for eligible persons.
(d)  Membership in the retirement system begins on the first day an eligible person holds a judicial office specified in Subsection (a).
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 602, Sec. 9, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 42.001 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 15.03(4), eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle D - Judicial Retirement System of Texas Plan One › Chapter 832 - Membership › Subchapter A. Membership › Section 832.002. Membership Fee

Sec. 832.002.  MEMBERSHIP FEE.  (a)  Each member of the retirement system annually shall pay the system a membership fee of $10. A contributing member shall pay the fee with the member's first contribution to the retirement system in each fiscal year in the manner provided by Section 835.101 for payment of the member's contribution to the retirement system.
(b)  If the membership fee is not paid with the member's first contribution of the fiscal year to the retirement system, the board of trustees may deduct the amount of the fee from that contribution or from any benefit to which the member becomes entitled.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 602, Sec. 10, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 42.002 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989;  Acts 2003, 78th Leg., ch. 1310, Sec. 53, eff. June 20, 2003.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle D - Judicial Retirement System of Texas Plan One › Chapter 832 - Membership › Subchapter A. Membership › Section 832.003. Termination of Membership

Sec. 832.003.  TERMINATION OF MEMBERSHIP.  A person terminates membership in the retirement system by:
(1)  death;
(2)  retirement based on service credited in the retirement system;  or
(3)  withdrawal of the person's contributions to the retirement system.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 42.003 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle D - Judicial Retirement System of Texas Plan One › Chapter 832 - Membership › Subchapter A. Membership › Section 832.004. Withdrawal of Contributions

Sec. 832.004.  WITHDRAWAL OF CONTRIBUTIONS.  (a)  If a member resigns a judicial office or otherwise ceases to be a judicial officer, the member may withdraw all of the member's contributions to the retirement system.
(b)  A withdrawal of contributions cancels the person's service credit in the retirement system.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 42.004 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 D - Judicial Retirement System of Texas Plan One › Chapter 832 - Membership › Subchapter B. Resumption of Judicial Service by Retiree › Section 832.101. Ineligibility for Membership

Sec. 832.101.  INELIGIBILITY FOR MEMBERSHIP.  A retiree who makes an election under Subchapter C of Chapter 74 may not rejoin the retirement system or receive credit in the retirement system for the period of an appointment or for any service performed under assignment.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 480, Sec. 10, eff. Sept. 1, 1985;  Acts 1985, 69th Leg., ch. 602, Sec. 11, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 42.103 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 4.01, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle D - Judicial Retirement System of Texas Plan One › Chapter 832 - Membership › Subchapter B. Resumption of Judicial Service by Retiree › Section 832.102. Resumption of Full-Time Judicial Service

Sec. 832.102.  RESUMPTION OF FULL-TIME JUDICIAL SERVICE.  (a)  A retiree who resumes service as a judicial officer other than by appointment or assignment described in Section 832.101 may not rejoin or receive credit in the retirement system for the resumed service.
(b)  The retirement system shall suspend annuity payments to a retiree who resumes service described by this section.  A suspension of payments begins on the date a retiree takes the oath of office and ends on a date when:
(1)  the retiree no longer holds the office;  and
(2)  the retiree, or the retiree's beneficiary if the retiree has died, has applied to the retirement system for resumption of payments.
(c)  Time during which annuity payments are suspended as provided by this section does not reduce the number of months payments are to be made under an optional benefit plan providing for a specific amount of benefits for a guaranteed number of months after retirement.
(d)  Before a retiree takes the oath of office for a position as a judicial officer other than under appointment or assignment described by Section 832.101, the retiree shall notify the retirement system in writing of the resumption of office and the projected dates of service.
Added by Acts 1995, 74th Leg., ch. 586, Sec. 35, eff. Aug. 28, 1995.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle D - Judicial Retirement System of Texas Plan One › Chapter 833 - Creditable Service › Subchapter A. General Provisions › Section 833.001. Types of Creditable Service

Sec. 833.001.  TYPES OF CREDITABLE SERVICE.  The types of service creditable in the retirement system are:
(1)  membership service;
(2)  military service;  and
(3)  equivalent membership 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. 43.001 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle D - Judicial Retirement System of Texas Plan One › Chapter 833 - Creditable Service › Subchapter B. Establishment of Service › Section 833.101. Current Service

Sec. 833.101.  CURRENT SERVICE.  Membership service is credited in the retirement system for each month in which a member holds a judicial office and for which the member makes the required contribution.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 43.101 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle D - Judicial Retirement System of Texas Plan One › Chapter 833 - Creditable Service › Subchapter B. Establishment of Service › Section 833.102. Service Credit Previously Canceled

Sec. 833.102.  SERVICE CREDIT PREVIOUSLY CANCELED.  If a person who has withdrawn contributions to the retirement system and canceled service credit under Section 832.004 subsequently rejoins the retirement system, the member may not become eligible for retirement benefits from the retirement system unless the person redeposits with the system the amount withdrawn.  Payment under this section reestablishes the service credit canceled by the refund.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 43.102 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 D - Judicial Retirement System of Texas Plan One › Chapter 833 - Creditable Service › Subchapter B. Establishment of Service › Section 833.103. Military Service

Sec. 833.103.  MILITARY SERVICE.  (a)  An eligible member may establish service credit in the retirement system for military service performed that is creditable in the retirement system.
(b)  A member eligible to establish military service credit is one who:
(1)  currently contributes to the retirement system;
(2)  has at least 8 years of service credit in the retirement system;  and
(3)  does not receive and is not eligible to receive federal retirement payments based on 20 years or more of active federal military duty or its equivalent.
(c)  Military service creditable in the retirement system is active duty federal military service.
(d)  A member may establish one month of service credit for each month or fraction of a month of duty, but not more than 48 months of service credit in the retirement system for military service.
(e)  A member may establish credit under this section by depositing with the retirement system a contribution computed for each month of military service claimed at the rate of six percent of the member's current monthly state salary.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 43.103 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 29, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1048, Sec. 26, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle D - Judicial Retirement System of Texas Plan One › Chapter 833 - Creditable Service › Subchapter B. Establishment of Service › Section 833.1031. Military Service Credit Governed by Uniformed Services Employment and Reemployment Rights Act

Sec. 833.1031.  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. 36, eff. Aug. 28, 1995.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle D - Judicial Retirement System of Texas Plan One › Chapter 833 - Creditable Service › Subchapter B. Establishment of Service › Section 833.1035. Service in Excess of 20 Years

Sec. 833.1035.  SERVICE IN EXCESS OF 20 YEARS.  (a)  Subject to the limitation on the amount of a retirement annuity under Section 834.102(c), an eligible member may establish service credit in the retirement system for service in excess of 20 years performed before September 1, 2005.
(b)  A member eligible to establish credit under Subsection (a) is one who elects to make contributions under Section 835.1015.
(c)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 1308, Sec. 41(1), eff. September 1, 2009.
(d)  A member may establish credit under this section by depositing with the retirement system a contribution computed for each month of qualifying service claimed at the rate of six percent of the member's current monthly state salary.
(e)  The board of trustees may adopt rules to administer this section.
Added by Acts 2005, 79th Leg., Ch. 1033 (H.B. 1114), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1308 (H.B. 2559), Sec. 41(1), eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle D - Judicial Retirement System of Texas Plan One › Chapter 833 - Creditable Service › Subchapter B. Establishment of Service › Section 833.105. Alternative Payments to Establish or Reestablish Service Credit

Sec. 833.105.  ALTERNATIVE PAYMENTS 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 has retired or died;  or
(2)  to establish current service under Section 833.101.
(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 or reestablishment of the service would result in the payment 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.
Added by Acts 1993, 73rd Leg., ch. 791, Sec. 31, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1048, Sec. 27, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle D - Judicial Retirement System of Texas Plan One › Chapter 833 - Creditable Service › Subchapter B. Establishment of Service › Section 833.106. Credit for Year in Which Eligible for Office

Sec. 833.106.  CREDIT FOR YEAR IN WHICH ELIGIBLE FOR OFFICE.  (a)  A member who has not retired may establish service credit in the retirement system for any calendar year during which the member:
(1)  held an office included in the membership of the retirement system;  or
(2)  was eligible to take the oath for an office included in the membership of the retirement system.
(b)  A member may establish service credit under this section by depositing with the retirement system a contribution computed for each month of credit claimed at the rate of six percent of the member's current monthly salary, plus, if the member does not establish 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.
Added by Acts 2001, 77th Leg., ch. 1240, Sec. 2, eff. Jan. 1, 2002.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle D - Judicial Retirement System of Texas Plan One › Chapter 834 - Benefits › Subchapter A. General Provisions › Section 834.001. Types of Benefits

Sec. 834.001.  TYPES OF BENEFITS.  The types of benefits payable by the retirement system are:
(1)  service retirement benefits; and
(2)  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. 44.001 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1121 (H.B. 2384), Sec. 22, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle D - Judicial Retirement System of Texas Plan One › Chapter 834 - Benefits › Subchapter A. General Provisions › Section 834.002. Application for Retirement

Sec. 834.002.  APPLICATION FOR RETIREMENT.  A member may apply for service retirement by filing an application for retirement with the board of trustees before the date the member wishes to retire.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 44.002 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1121 (H.B. 2384), Sec. 23, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle D - Judicial Retirement System of Texas Plan One › Chapter 834 - Benefits › Subchapter A. General Provisions › Section 834.004. Ineligibility for Benefits

Sec. 834.004.  INELIGIBILITY FOR BENEFITS.  An annuity that is based on service of a member who is removed from judicial office by impeachment, or otherwise for official misconduct, may not be paid under 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. 44.004 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle D - Judicial Retirement System of Texas Plan One › Chapter 834 - Benefits › Subchapter A. General Provisions › Section 834.005. Disclaimer of Benefits

Sec. 834.005.  DISCLAIMER OF BENEFITS.  The retirement system shall give effect to a full or partial disclaimer of benefits executed in accordance with Chapter 240, Property Code, unless the benefit to be disclaimed is a lifetime annuity.
Added by Acts 1997, 75th Leg., ch. 1048, Sec. 28, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 10, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle D - Judicial Retirement System of Texas Plan One › Chapter 834 - Benefits › Subchapter B. Service Retirement Benefits › Section 834.101. Eligibility for Service Retirement Annuity

Sec. 834.101.  ELIGIBILITY FOR SERVICE RETIREMENT ANNUITY.  (a)  A member is eligible to retire and receive a base service retirement annuity if the member:
(1)  is at least 65 years old, currently holds a judicial office, and has at least 10 years of service credited in the retirement system;
(2)  is at least 65 years old and has at least 12 years of service credited in the retirement system, regardless of whether the member currently holds a judicial office;
(3)  has at least 20 years of service credited in the retirement system, regardless of whether the member currently holds a judicial office; or
(4)  has served at least 12 years on an appellate court and the sum of the member's age and amount of service credited in the retirement system equals or exceeds the number 70, regardless of whether the member currently holds a judicial office.
(b)  A member who meets service requirements provided by Subsection (a)(1) or (a)(2) is eligible to retire and receive a service retirement annuity actuarially reduced as provided by Section 834.102(d) from the standard service retirement annuity, if the member is at least 60 years old.
(c)  A member's resignation from a judicial office before applying for an annuity does not make the member ineligible for the annuity unless the member applies for an annuity under Subsection (a)(1).
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 44.101 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 1048, Sec. 29, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 942 (H.B. 831), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle D - Judicial Retirement System of Texas Plan One › Chapter 834 - Benefits › Subchapter B. Service Retirement Benefits › Section 834.103. Optional Service Retirement Annuity

Sec. 834.103.  OPTIONAL SERVICE RETIREMENT ANNUITY.  (a)  Instead of a service retirement annuity payable under Section 834.102, a retiring member may elect to receive an optional service retirement annuity, payable throughout the life of the retiree and actuarially reduced, under tables adopted by the board of trustees, from the annuity otherwise payable to its actuarial equivalent.
(b)  Optional service retirement annuities available to a retiring member are those available to retiring members of the Employees Retirement System of Texas under Section 814.108(c).
(c)  A person may apply for an optional service retirement annuity by filing an application for the annuity with the retirement system before the 31st day after the date of the person's retirement.
(d)  If a person who is nominated by a retiree in the written designation under Subsection (b) predeceases the retiree, the reduced annuity of a retiree who has elected an optional lifetime retirement annuity under Section 814.108(c) shall be increased to the standard service retirement annuity that the retiree would otherwise be entitled to receive if the retiree had not selected that annuity option.  The standard service retirement annuity shall be adjusted as appropriate for:
(1)  early retirement as permitted by law;  and
(2)  postretirement increases in retirement benefits authorized by law after the date of retirement.
(e)  The increase in the annuity under Subsection (d) begins with the monthly payment made to the retiree for the month following the month in which the person nominated dies or the September 30, 1991, payment, whichever is later, and is payable to the retiree for the remainder of the retiree's life.
(f)  The computation of an optional service retirement annuity must include the ages of the retiring member and the member's designated beneficiary at the time of the member's retirement.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 44.103 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 30, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle D - Judicial Retirement System of Texas Plan One › Chapter 834 - Benefits › Subchapter D. Death Benefits › Section 834.301. Selection of Death Benefit Plan by Member

Sec. 834.301.  SELECTION OF DEATH BENEFIT PLAN BY MEMBER.  (a)  A member who has at least 10 years of service credit in the retirement system may select a death benefit plan for the payment, if the member dies before retirement, of a death benefit annuity to one or more persons designated by the member.  Death benefit annuities available for selection by a member described in this subsection are the optional annuities provided by Sections 814.108(c)(1) and (c)(4).
(b)  Section 814.301(b) applies to a death benefit plan selected by a member in applicable circumstances.
(c)  The computation of a death benefit annuity must include the ages of the member and of the member's designated beneficiary at the time of the member's death.
(d)  A member may select a death benefit plan by filing an application for a plan with the board of trustees on a form prescribed by the board.  After selection, a death benefit plan may take effect at death unless the member amends the plan, selects a retirement annuity at the time of the member's retirement, or becomes ineligible to select a plan.
(e)  A death benefit annuity is payable beginning on the day after the date the member dies.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 44.301 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 31, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle D - Judicial Retirement System of Texas Plan One › Chapter 834 - Benefits › Subchapter D. Death Benefits › Section 834.302. Selection of Death Benefit Plan by Survivor of Member

Sec. 834.302.  SELECTION OF DEATH BENEFIT PLAN BY SURVIVOR OF MEMBER.  (a)  If a member eligible to select a death benefit plan under Section 834.301(a) dies without having made a selection or if a selection cannot be made effective, the member's designated beneficiary may select a plan in the same manner as if the member had made the selection.  If there is no designated beneficiary, the personal representative of the decedent's estate may make the selection.
(b)  If a person dies who meets the description in Section 814.302(b), the person's designated beneficiary or the guardian of surviving minor children may select a death benefit plan under that subsection.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 44.302 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 1048, Sec. 30, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle D - Judicial Retirement System of Texas Plan One › Chapter 834 - Benefits › Subchapter D. Death Benefits › Section 834.303. Return of Contributions

Sec. 834.303.  RETURN OF CONTRIBUTIONS.  (a)  Except as provided by Subsection (c), if a member dies before retirement, the amount of the member's contributions to the retirement system is payable as a lump-sum death benefit.
(b)  The benefit provided by this section is payable to a person designated by the member in a signed document filed with the board of trustees.  If a member does not designate a beneficiary, the benefit is payable to the member's estate.
(c)  A death benefit may not be paid under this section if a death benefit annuity has been selected as provided by Section 834.301 or 834.302.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 44.303 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 D - Judicial Retirement System of Texas Plan One › Chapter 834 - Benefits › Subchapter D. Death Benefits › Section 834.304. Return of Excess Contributions

Sec. 834.304.  RETURN OF EXCESS CONTRIBUTIONS.  (a)  Except as provided by Subsection (c), if a person dies after retirement, a lump-sum death benefit is payable in an amount, if any, by which the retiree's contributions to the retirement system on the date of retirement exceed the amount of annuity payments made before the retiree's death.
(b)  The benefit provided by this section is payable to the retiree's designated beneficiary.  If a retiree dies without having designated a beneficiary, the benefit is payable to the person entitled to distribution of the decedent's estate, if that person or the personal representative of the decedent's estate claims the benefit before the second anniversary of the decedent's death.
(c)  A death benefit may not be paid under this section if an optional retirement annuity has been selected as provided by Section 834.103.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 44.304 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1121 (H.B. 2384), Sec. 25, eff. September 1, 2019.