CHAPTER 838. CREDITABLE SERVICE
GOVERNMENT CODE
TITLE 8. PUBLIC RETIREMENT SYSTEMS
SUBTITLE E. JUDICIAL RETIREMENT SYSTEM OF TEXAS PLAN TWO
CHAPTER 838. CREDITABLE SERVICE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 838.001. 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.
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.
SUBCHAPTER B. ESTABLISHMENT OF 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.
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who has withdrawn contributions to the retirement system and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person redeposits with the system the amount withdrawn, plus all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.
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 or its equivalent; 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.
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.
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, Sec. 5, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1308, Sec. 41(4), eff. September 1, 2009.
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.
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:
(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.
(c) For the purpose of Subsection (a)(1), 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, Sec. 27, eff. September 1, 2009.
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.
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, Sec. 22, eff. September 1, 2005.