CHAPTER 832. MEMBERSHIP
GOVERNMENT CODE
TITLE 8. PUBLIC RETIREMENT SYSTEMS
SUBTITLE D. JUDICIAL RETIREMENT SYSTEM OF TEXAS PLAN ONE
CHAPTER 832. MEMBERSHIP
SUBCHAPTER A. 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) Except as provided by Section 832.101, membership in the
retirement system includes persons who are appointed under
Subchapter C of Chapter 75, and who have never been members of
the Judicial Retirement System of Texas Plan Two. A member
appointed under that Act is a judicial officer for purposes of
this subtitle.
(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.
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.
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.
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.
SUBCHAPTER B. RESUMPTION OF JUDICIAL SERVICE BY RETIREE
Sec. 832.101. INELIGIBILITY FOR MEMBERSHIP. A retiree who makes
an election under Subchapter C of Chapter 74 or who is appointed
under Subchapter C of Chapter 75 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.
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.