reglab/statecodes huggingface dataset:
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 834.305. Beneficiary Causing Death of Member or Annuitant

Sec. 834.305.  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 2011, 82nd Leg., R.S., Ch. 1249 (S.B. 1664), Sec. 15, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle D - Judicial Retirement System of Texas Plan One › Chapter 835 - Administration › Subchapter A. Powers and Duties › Section 835.001. General Administration

Sec. 835.001.  GENERAL ADMINISTRATION.  The board of trustees of the Employees Retirement System of Texas is responsible for the general administration 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. 45.001 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 835 - Administration › Subchapter A. Powers and Duties › Section 835.002. Rulemaking

Sec. 835.002.  RULEMAKING.  Subject to the limitations of this subtitle, the board of trustees may adopt rules and provide for forms as it finds necessary for the administration 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. 45.002 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 835 - Administration › Subchapter A. Powers and Duties › Section 835.003. Deposit of Certain Funds

Sec. 835.003.  DEPOSIT OF CERTAIN FUNDS.  (a)  The retirement system shall deposit membership fees paid as required by Section 832.002 in the expense fund of the Employees Retirement System of Texas, to compensate for the costs of administering this retirement system.
(b)  The retirement system shall deposit in the general revenue fund all other amounts paid to the 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. 45.003 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 835 - Administration › Subchapter B. Contributions › Section 835.101. Member Contributions

Sec. 835.101.  MEMBER CONTRIBUTIONS.  (a)  Except as provided by Subsection (c), each month the payroll officer responsible for paying the state compensation of a judicial officer who is a member of the retirement system shall deduct from the state compensation of the judicial officer a contribution computed at the rate required of a member of the employee class of the Employees Retirement System of Texas.
(b)  Contributions deducted as provided by this section are deposited in the general revenue fund, where they are subject to appropriation as are other amounts in the fund.
(c)  Except as provided by Section 835.1015, a member who accrues 20 years of service credit in the retirement system ceases making contributions under this section.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 602, Sec. 12, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 45.101 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 1240, Sec. 4, eff. Jan. 1, 2002.
Amended by:
Acts 2005, 79th Leg., Ch. 1033 (H.B. 1114), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle D - Judicial Retirement System of Texas Plan One › Chapter 835 - Administration › Subchapter B. Contributions › Section 835.1015. Contributions After 20 Years of Service Credit

Sec. 835.1015.  CONTRIBUTIONS AFTER 20 YEARS OF SERVICE CREDIT.  (a)  A judicial officer who is a member of the retirement system and who accrues 20 years of service credit in the retirement system may elect to make contributions for each subsequent year of service credit that the member accrues by filing an application with the retirement system.
(b)  A member who elects to make contributions under Subsection (a) shall contribute at the member contribution rate required under Section 840.102(a) multiplied by the member's state compensation for each payroll period in the manner provided by Sections 835.101(a) and (b).
(c)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 1308, Sec. 41(3), eff. September 1, 2009.
Added by Acts 2005, 79th Leg., Ch. 1033 (H.B. 1114), Sec. 4, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1308 (H.B. 2559), Sec. 41(3), eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 1121 (H.B. 2384), Sec. 26, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle D - Judicial Retirement System of Texas Plan One › Chapter 835 - Administration › Subchapter B. Contributions › Section 835.102. State Contributions

Sec. 835.102.  STATE CONTRIBUTIONS.  The legislature is obligated to appropriate the amount of money necessary to administer this subtitle for each fiscal year.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 45.102 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 836 - General Provisions › Subchapter A. General Provisions › Section 836.001. Definitions

Sec. 836.001.  DEFINITIONS.  In this subtitle:
(1)  "Accumulated contributions" means the total of amounts in a member's individual account in the retirement system, including:
(A)  amounts deducted from the compensation of the member;
(B)  other member deposits required to be placed in the member's individual account;  and
(C)  interest credited to amounts in the member's individual account.
(2)  "Annuity" means an amount of money payable in monthly installments for life or for another period as provided by this subtitle.
(3)  "Board of trustees" means the entity given responsibility under Section 840.001 for the administration of the retirement system.
(3-a)  "Cash balance group member" means a member subject to Chapter 840A.
(4)  "Executive director" means the person appointed under Section 815.202.
(5)  "Judicial officer" means a person who presides over a court or a commission to a court named in Section 837.001 and who has never been a member of the Judicial Retirement System of Texas or the Judicial Retirement System of Texas Plan One.
(6)  "Medical board" means the entity designated under Section 840.202.
(7)  "Retiree" means a person who receives from the retirement system an annuity based on service that was credited to the person.
(8)  "Retirement system" means the Judicial Retirement System of Texas Plan Two.
(9)  "Service credit" means the amount of membership and, if applicable, military and equivalent membership service ascribed by the retirement system to a person and for which the person has made required contributions.
(9-a)  "State salary" does not include the amount of any longevity pay payable under Section 659.0445.
(10)  "Supreme court" means the Supreme Court of Texas.
(11)  "Compensation" includes amounts by which a member's salary is reduced under a salary reduction agreement authorized by Chapter 610.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1.  Amended by Acts 1987, 70th Leg., ch. 944, Sec. 4, eff. June 20, 1987.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 71.001 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(34), eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1328 (S.B. 1519), Sec. 6, eff. September 1, 2007.
Acts 2023, 88th Leg., R.S., Ch. 1092 (S.B. 1245), Sec. 3, eff. June 18, 2023.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 836 - General Provisions › Subchapter A. General Provisions › Section 836.002. Purpose of Subtitle

Sec. 836.002.  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.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 71.002 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 836 - General Provisions › Subchapter A. General Provisions › Section 836.003. Retirement System

Sec. 836.003.  RETIREMENT SYSTEM.  The retirement system is an entity of the state.  The Judicial Retirement System of Texas Plan Two is the name in which all its business shall be transacted and all its property held.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 71.003 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 836 - General Provisions › Subchapter A. General Provisions › Section 836.004. Exemption From Execution

Sec. 836.004.  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.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 71.004 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 836 - General Provisions › Subchapter A. General Provisions › Section 836.005. Powers and Privileges

Sec. 836.005.  POWERS AND PRIVILEGES.  The retirement system has the powers, privileges, and immunities of a corporation, as well as the powers, privileges, and immunities conferred by this subtitle.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 71.005 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 836 - General Provisions › Subchapter A. General Provisions › Section 836.006. Diversion of Money Prohibited

Sec. 836.006.  DIVERSION OF MONEY PROHIBITED.  Except as provided by Section 840.305(c), no part of the money contributed to the retirement system under Section 840.102 and no part of the contribution described by Section 840.103(b)(2) may be used for or diverted to any purpose other than the exclusive benefit of members, their beneficiaries, and annuitants of the retirement system.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 71.006 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. 4.02, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 836 - General Provisions › Subchapter B. Penal Provisions › Section 836.101. Conversion of Money; Fraud

Sec. 836.101.  CONVERSION OF MONEY;  FRAUD.  (a)  A person commits an offense if the person knowingly or intentionally confiscates, misappropriates, or converts money representing deductions from a member's salary either before or after the money is received by the retirement system.
(b)  A person commits an offense if the person knowingly or intentionally makes a false statement or falsifies or permits to be falsified any record of the retirement system in an attempt to defraud the retirement system.
(c)  A member commits an offense if the member accepts as a salary money that the member knows should have been deducted as provided by this subtitle from the member's salary.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 71.101 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 836 - General Provisions › Subchapter B. Penal Provisions › Section 836.102. Penalties

Sec. 836.102.  PENALTIES.  (a)  An offense under Section 836.101(a) or (c) is punishable in the manner provided by Section 31.03, Penal Code, for the punishment of the offenses included in that section.
(b)  An offense under Section 836.101(b) is punishable in the manner provided by Section 37.10, Penal Code, for the punishment of the offenses included in that section.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 71.102 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 E - Judicial Retirement System of Texas Plan Two › Chapter 837 - Membership › Subchapter A. Membership › Section 837.001. Eligibility for Membership

Sec. 837.001.  ELIGIBILITY FOR MEMBERSHIP.  (a)  Membership in the retirement system is limited to persons who have never been eligible for membership in the Judicial Retirement System of Texas or the Judicial Retirement System of Texas Plan One and who at any time on or after the effective date of this Act are judges, justices, or commissioners of:
(1)  the supreme court;
(2)  the court of criminal appeals;
(3)  a court of appeals;
(4)  the business court;
(5)  a district court; or
(6)  a commission to a court specified in this subsection.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 15.03(6), 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).
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 72.001 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(6), eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 380 (H.B. 19), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 837 - Membership › Subchapter A. Membership › Section 837.002. Termination of Membership

Sec. 837.002.  TERMINATION OF MEMBERSHIP.  A person's membership in the retirement system is terminated by:
(1)  death of the person;
(2)  retirement based on service credited in the retirement system; or
(3)  withdrawal of all of the person's accumulated contributions.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 72.002 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. 17, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 837 - Membership › Subchapter A. Membership › Section 837.003. Withdrawal of Contributions

Sec. 837.003.  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 accumulated contributions in the retirement system.
(b)  A withdrawal of contributions cancels the person's service credit in the retirement system and terminates the person's rights to benefits based on the credit.
(c)  A member initiates a withdrawal of contributions by filing an application for a refund with the retirement system.
(d)  Deposits representing interest or membership fees that are required of a member to establish service credit under Section 838.102 or 838.103 are not refundable.
(e)  At the time a service retirement, disability retirement, or death benefit annuity becomes payable, the retirement system shall refund any contributions, interest, or membership fees used to establish service credit that is not used in computing the amount of the annuity.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 72.003 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1308 (H.B. 2559), Sec. 26, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 837 - Membership › Subchapter B. Resumption of Judicial Service by Retiree › Section 837.101. Judicial Assignment

Sec. 837.101.  JUDICIAL ASSIGNMENT.  A retiree who makes an election under Subchapter C of Chapter 74 may not rejoin or receive credit in the retirement system for the period of an appointment or for any service performed under assignment.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 72.101 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. 4.03, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 837 - Membership › Subchapter B. Resumption of Judicial Service by Retiree › Section 837.102. Resumption of Full-Time Judicial Service

Sec. 837.102.  RESUMPTION OF FULL-TIME JUDICIAL SERVICE.  (a)  A retiree who resumes service as a judicial officer other than by assignment described in Section 837.101 may not rejoin or receive credit in the retirement system for the resumed service, unless an election is made as provided by Section 837.103.
(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 837.101, the retiree shall notify the retirement system in writing of the resumption of office and the projected dates of service.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 72.102 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1092 (S.B. 1245), Sec. 4, eff. June 18, 2023.
For expiration of this section, see Subsection (e).
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 837 - Membership › Subchapter B. Resumption of Judicial Service by Retiree › Section 837.103. Resumption of Full-Time Judicial Service by Certain Retirees; Optional Election to Rejoin System

Sec. 837.103.  RESUMPTION OF FULL-TIME JUDICIAL SERVICE BY CERTAIN RETIREES; OPTIONAL ELECTION TO REJOIN SYSTEM.  (a)  This section does not apply to a retiree receiving a cash balance annuity under Chapter 840A.
(b)  Notwithstanding Sections 837.001(c) and 837.002(2) and subject to Subsection (d), a retiree described by Section 837.102(a) may elect to rejoin the retirement system as a member and receive service credit in the system for resuming service as a judicial officer if, before taking the oath of office, the retiree has been separated from judicial service for at least six full consecutive months.  The retiree shall provide notice of the election to the system in the manner prescribed by the system.
(c)  For a person who makes an election under this section, on the resumption of annuity payments that have been suspended under Section 837.102, the retirement system shall recompute the annuity selected at the time of the person's original retirement to include the person's additional service credit established during membership under this section.  If, at the time of the person's original retirement, the person selected an optional retirement annuity payable under Section 839.103(a)(3) or (4), the retirement system shall reduce the number of months of payments by the number of months for which the annuity was paid before the person resumed service.
(d)  A person may make an election under this section only once.
(e)  The retirement system shall implement this section only if the system is considered actuarially sound.  For purposes of this subsection, the system is considered actuarially sound if, based on an actuarial valuation of the system prepared under Section 840.204(d) on or after September 1, 2023, the amount of contributions to the system are sufficient to cover the normal cost of the system and to amortize the unfunded actuarial accrued liability of the system within 30 years.  Not later than the 30th day after the date an actuarial valuation is prepared showing the system is actuarially sound, the system shall implement this section.  On September 1, 2025:
(1)  if this section is implemented, this subsection expires; or
(2)  if this section is not implemented, this section expires.
Added by Acts 2023, 88th Leg., R.S., Ch. 1092 (S.B. 1245), Sec. 5, eff. June 18, 2023.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 838 - Creditable Service › Subchapter A. General Provisions › Section 838.001. Types of Creditable Service

Sec. 838.001.  TYPES OF CREDITABLE SERVICE.  The types of service creditable in the retirement system are membership service and, as applicable:
(1)  military service; and
(2)  equivalent membership service.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 73.001 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1092 (S.B. 1245), Sec. 6, eff. June 18, 2023.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 838 - Creditable Service › Subchapter A. General Provisions › Section 838.002. Provisions Inapplicable to Cash Balance Group Members

Sec. 838.002.  PROVISIONS INAPPLICABLE TO CASH BALANCE GROUP MEMBERS.  Sections 838.102, 838.103, 838.1035, 838.105, 838.106, 838.107, and 838.108 of this chapter do not apply to a cash balance group member.
Added by Acts 2023, 88th Leg., R.S., Ch. 1092 (S.B. 1245), Sec. 7, eff. June 18, 2023.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 838 - Creditable Service › Subchapter B. Establishment of Service › Section 838.101. Current Service

Sec. 838.101.  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.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 73.101 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 838 - Creditable Service › Subchapter B. Establishment of Service › Section 838.102. Service Credit Previously Canceled

Sec. 838.102.  SERVICE CREDIT PREVIOUSLY CANCELED.  If a person who has withdrawn contributions to the retirement system and canceled service credit under Section 837.003 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, plus all membership fees due, plus interest computed on the basis of the state fiscal year at an annual rate of five percent from the date of withdrawal to the date of redeposit.  Payment under this section reestablishes the service credit canceled by the refund.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 73.102 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 E - Judicial Retirement System of Texas Plan Two › Chapter 838 - Creditable Service › Subchapter B. Establishment of Service › Section 838.103. Military Service

Sec. 838.103.  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)  has at least eight years of service credit in the retirement system;
(2)  does not receive and is not eligible to receive federal retirement payments based on 20 years or more of active federal military duty; and
(3)  has been released from military duty under conditions not dishonorable.
(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 in a lump sum a contribution computed for each month of military service claimed at the rate of six percent of the member's current monthly state compensation, 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.
(f)  The state shall contribute for each month of military service established under this section an amount computed on the basis of the member's current monthly state compensation at the rate of state contribution, as provided by Section 840.103(a), for the fiscal year in which the credit is established.
(g)  The board of trustees may require members applying for credit under this section to submit any information the board considers necessary to enable it to determine eligibility for credit, amount of service, or amounts of required contributions.
(h)  The retirement system shall use military service credit in computing death benefits and in determining eligibility to select an optional death benefit plan.
(i)  Repealed by Acts 1997, 75th Leg., ch. 1048, Sec. 56(a), eff. Sept. 1, 1997.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 73.103 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 32, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1048, Sec. 31, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1111, Sec. 30, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 618 (S.B. 1459), Sec. 18, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 838 - Creditable Service › Subchapter B. Establishment of Service › Section 838.1031. Military Service Credit Governed by Uniformed Services Employment and Reemployment Rights Act

Sec. 838.1031.  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. 37, eff. Aug. 28, 1995.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 838 - Creditable Service › Subchapter B. Establishment of Service › Section 838.1035. Service in Excess of 20 Years

Sec. 838.1035.  SERVICE IN EXCESS OF 20 YEARS.  (a)  Subject to the limitation on the amount of a retirement annuity under Section 839.102(d), 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 840.1025.
(c)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 1308, Sec. 41(4), 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. 5, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1308 (H.B. 2559), Sec. 41(4), eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 838 - Creditable Service › Subchapter B. Establishment of Service › Section 838.105. Alternative Payments to Establish or Reestablish Service Credit

Sec. 838.105.  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 838.101.
(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. 33, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1048, Sec. 32, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 838 - Creditable Service › Subchapter B. Establishment of Service › Section 838.106. Credit for Year in Which Eligible for Office

Sec. 838.106.  CREDIT FOR YEAR IN WHICH ELIGIBLE FOR OFFICE.
(a)  A member may establish service credit in the retirement system for any calendar year during which the member held 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.
(c)  For the purpose of Subsection (a), the term of a member leaving judicial office ends not later than December 31 regardless of the date on which the member's successor takes the oath of office.
Added by Acts 2001, 77th Leg., ch. 1240, Sec. 5, eff. Jan. 1, 2002.  Amended by Acts 2003, 78th Leg., ch. 1111, Sec. 31, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1308 (H.B. 2559), Sec. 27, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 618 (S.B. 1459), Sec. 19, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 838 - Creditable Service › Subchapter B. Establishment of Service › Section 838.107. Service Not Previously Established

Sec. 838.107.  SERVICE NOT PREVIOUSLY ESTABLISHED.  The state shall make contributions for service not previously established that is established under Section 838.105 or 838.106 in the amount provided by Section 838.103(f) for military service.  The state contributions will be made at the time the service credit is granted.
Added by Acts 1993, 73rd Leg., ch. 791, Sec. 35, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 838 - Creditable Service › Subchapter B. Establishment of Service › Section 838.108. Credit Purchase Option

Sec. 838.108.  CREDIT PURCHASE OPTION.  (a)  An eligible member may establish not more than 60 months of equivalent membership service credit.
(b)  A member is eligible to establish service credit under this section only for the purpose of becoming eligible to retire, or retiring, under Section 839.101(a)(3).
(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 retirement system.
(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 2003, 78th Leg., ch. 714, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 347 (S.B. 1176), Sec. 22, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 839 - Benefits › Subchapter A. General Provisions › Section 839.001. Types of Benefits

Sec. 839.001.  TYPES OF BENEFITS.  The types of benefits payable by the retirement system are:
(1)  service retirement benefits;
(2)  disability retirement benefits;  and
(3)  death benefits.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 74.001 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 839 - Benefits › Subchapter A. General Provisions › Section 839.002. Application for Retirement

Sec. 839.002.  APPLICATION FOR RETIREMENT.  (a)  A member may apply for service or disability retirement by filing an application for retirement with the board of trustees.
(b)  An application for a service retirement annuity may not be made:
(1)  after the date the member wishes to retire;  or
(2)  more than 90 days before the date the member wishes to retire.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 74.002 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 839 - Benefits › Subchapter A. General Provisions › Section 839.003. Ineligibility for Benefits

Sec. 839.003.  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.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 74.003 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 839 - Benefits › Subchapter A. General Provisions › Section 839.004. Disclaimer of Benefits

Sec. 839.004.  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. 33, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 11, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 839 - Benefits › Subchapter A. General Provisions › Section 839.005. Provisions Inapplicable to Cash Balance Group Members

Sec. 839.005.  PROVISIONS INAPPLICABLE TO CASH BALANCE GROUP MEMBERS.  The following provisions of this chapter do not apply to a cash balance group member:
(1)  Section 839.002; and
(2)  Subchapters B and E.
Added by Acts 2023, 88th Leg., R.S., Ch. 1092 (S.B. 1245), Sec. 8, eff. June 18, 2023.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 839 - Benefits › Subchapter B. Service Retirement Benefits › Section 839.101. Eligibility for Service Retirement Annuity

Sec. 839.101.  ELIGIBILITY FOR SERVICE RETIREMENT ANNUITY.  (a)  A member is eligible to retire and receive a 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 839.102(c) 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).
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 74.101 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 791, Sec. 36, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1048, Sec. 34, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 463, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 942 (H.B. 831), Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1029 (H.B. 1079), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 839 - Benefits › Subchapter C. Disability Retirement Benefits › Section 839.201. Eligibility for Disability Retirement Annuity

Sec. 839.201.  ELIGIBILITY FOR DISABILITY RETIREMENT ANNUITY.  (a)  A member, other than a member who is eligible to receive a service retirement annuity under Section 839.101 or a cash balance annuity under Section 840A.052, is eligible, regardless of age, to retire from regular active service for disability and receive a disability retirement annuity if the member has at least seven years of service credit in the retirement system.
(b)  A member otherwise eligible may not receive a disability retirement annuity if the member is an active judge, as defined by Section 74.041.
(c)  A disability retirement annuity may be denied on the ground that a claimed physical incapacity is caused by or results from an intemperate use of alcohol or narcotic drugs.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 74.201 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. 29, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 1092 (S.B. 1245), Sec. 9, eff. June 18, 2023.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 839 - Benefits › Subchapter C. Disability Retirement Benefits › Section 839.202. Application for Disability Retirement Annuity

Sec. 839.202.  APPLICATION FOR DISABILITY RETIREMENT ANNUITY.  (a)  A member may apply for a disability retirement annuity by:
(1)  filing an application for retirement with the board of trustees; or
(2)  having an application filed with the board of trustees by the member's spouse, employer, or legal representative.
(b)  An application for a disability retirement annuity may not be made:
(1)  after the earlier of:
(A)  the date the retirement is to become effective; or
(B)  the second anniversary of the date the member ceased making contributions to the retirement system; or
(2)  earlier than the 90th day before the date the retirement is to become effective.
(c)  An applicant for a disability retirement annuity must submit to a medical examination and provide other pertinent information as may be required by the retirement system.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 74.202 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. 30, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 839 - Benefits › Subchapter C. Disability Retirement Benefits › Section 839.2025. Determination of Disability

Sec. 839.2025.  DETERMINATION OF DISABILITY.  (a)  In determining whether a member is mentally or physically incapacitated for the further performance of regular judicial duties, the medical board designated under Section 840.202 may apply the standard prescribed by Section 814.203.
(b)  A retiree who receives a disability retirement annuity under this subchapter is subject to Section 814.208 to the same extent as a disability retiree under that subchapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 1121 (H.B. 2384), Sec. 31, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 839 - Benefits › Subchapter C. Disability Retirement Benefits › Section 839.203. Disability Retirement Annuity

Sec. 839.203.  DISABILITY RETIREMENT ANNUITY.  (a)  Except as provided by Subsection (b) or (c), a disability retirement annuity is an amount computed as provided by Section 839.102.
(b)  The amount of a disability retirement annuity is not reducible because of the age of the retiring member.
(c)  Instead of a disability retirement annuity computed as provided by Section 839.102, a retiring member may elect to receive an optional disability retirement annuity payable as provided by Section 839.103.
(d)  A disability retirement annuity is payable for the duration of the retiree's disability.  If a retiree who has selected an optional disability retirement annuity dies while receiving the annuity, the annuity is payable throughout the life of the retiree's designated beneficiary or for a guaranteed period after the date of retirement, depending on the option selected.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 74.203 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.