CHAPTER 812. MEMBERSHIP - Texas Statutes

GOVERNMENT CODE

TITLE 8. PUBLIC RETIREMENT SYSTEMS

SUBTITLE B. EMPLOYEES RETIREMENT SYSTEM OF TEXAS

CHAPTER 812. MEMBERSHIP

SUBCHAPTER A. MEMBERSHIP

Sec. 812.001. MEMBERSHIP CLASSES. The two classes of membership

in the retirement system are the elected class and the employee

class.

Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,

1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.

22.001 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1,

1989.

Sec. 812.002. MEMBERSHIP IN ELECTED CLASS. (a) Membership in

the elected class of the retirement system is limited to:

(1) persons who hold state offices that are normally filled by

statewide election and that are not included in the coverage of

the Judicial Retirement System of Texas Plan One or the Judicial

Retirement System of Texas Plan Two;

(2) members of the legislature; and

(3) district and criminal district attorneys, to the extent that

they receive salaries from the state general revenue fund.

(b) Membership in the elected class is optional.

(c) An eligible person becomes a member of the elected class by

filing a notice of intention to become a member with the board of

trustees on a form prescribed by the board.

Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1985, 69th Leg., ch. 602, Sec. 4, Sept. 1,

1985. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.

22.002 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1,

1989.

Sec. 812.003. MEMBERSHIP IN EMPLOYEE CLASS. (a) Except as

provided by Subsections (b) and (d), membership in the employee

class of the retirement system includes all employees and

appointed officers of every department, commission, board,

agency, or institution of the state except:

(1) independent contractors and their employees performing work

for the state; and

(2) persons disqualified from membership under Section 812.201.

(b) An office or employment that is included in the coverage of

the Teacher Retirement System of Texas, the Judicial Retirement

System of Texas Plan One, or the Judicial Retirement System of

Texas Plan Two is not a position with a department, commission,

board, agency, or institution of the state for purposes of this

subtitle.

(c) Membership in the employee class is mandatory for eligible

persons.

(d) Membership in the employee class begins on the 91st day

after the first day a person is employed or holds office.

(e) A person who is reemployed or who again holds office after

withdrawing contributions under Subchapter B for previous service

credited in the employee class begins membership in the employee

class on the 91st day after the first day the person is

reemployed or again holds office.

(f) A member may establish service credit only as provided by

Section 813.514 for service performed during the 90-day waiting

period provided by Subsection (d) or (e).

Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1985, 69th Leg., ch. 602, Sec. 5, Sept. 1,

1985. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.

22.003 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff.

Sept. 1, 1989; Acts 2003, 78th Leg., ch. 1111, Sec. 12, 41, eff.

Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

347, Sec. 4, eff. September 1, 2005.

Sec. 812.005. TERMINATION OF MEMBERSHIP. (a) A person's

membership in the retirement system is terminated by:

(1) death of the person;

(2) retirement based on service credited in all classes of

membership in which the person has service credit; or

(3) withdrawal of all of the person's accumulated contributions.

(b) A person terminates membership in one class of membership

by:

(1) retirement based on service credited in the class; or

(2) withdrawal of the person's accumulated contributions for

service credited in the class.

(c) A person may terminate membership in one class and retain

membership in the other.

Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 332, ch. 75, Sec. 2,

eff. Sept. 1, 1983. Renumbered from Vernon's Ann.Civ.St. Title

110B, Sec. 22.005 and amended by Acts 1989, 71st Leg., ch. 179,

Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch.

850, Sec. 1, eff. Sept. 1, 1991.

Amended by:

Acts 2005, 79th Leg., Ch.

347, Sec. 5, eff. September 1, 2005.

Sec. 812.006. OPTIONAL MEMBERSHIP. (a) In this section,

"qualified employee" means a person who:

(1) has at least three years of service credit in the retirement

system in the legislative branch that was accrued before June 18,

1993;

(2) was employed by an institution of higher education, as

defined by Section 61.003, Education Code, before December 31,

1998, and elected to participate in the optional retirement

program under Chapter 830; and

(3) is actively participating in the optional retirement

program.

(b) A qualified employee may make a one-time, irrevocable

election in a manner provided by the retirement system to renew

active participation in the system and cease participation in the

optional retirement program.

(c) An employee who makes an election under this section is not

eligible to establish service credit in the retirement system for

service performed while participating in the optional retirement

program.

(d) This section is contingent upon the receipt of a favorable

Internal Revenue Service ruling addressing all tax issues.

(e) An election authorized by this section must be made within

90 days of the Internal Revenue Service ruling.

Added by Acts 2005, 79th Leg., Ch.

347, Sec. 6, eff. September 1, 2005.

SUBCHAPTER B. WITHDRAWAL OF CONTRIBUTIONS

Sec. 812.101. CRITERIA FOR WITHDRAWAL. (a) A member of the

retirement system may withdraw all of the member's accumulated

contributions for service credited in the employee class of

membership if:

(1) the member does not hold a position included in that class;

(2) the member does not assume or resume, during the 30 days

after the date on which the member terminates employment, a

position included in that class; and

(3) the member's application for withdrawal is filed before the

member assumes or resumes a position included in that class.

(b) A member of the retirement system currently contributing in

the elected class of membership may at any time stop contributing

and withdraw the person's contributions made for service credited

in that class.

(c) For a law enforcement or custodial officer, the withdrawal

of accumulated contributions under Subsection (a) includes all of

the officer's contributions made under Section 815.402(h).

Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,

1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.

22.101 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff.

Sept. 1, 1989. Amended by Acts 1999, 76th Leg., ch. 1541, Sec. 4,

eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1308, Sec. 3, eff. September 1, 2009.

Sec. 812.102. PROCEDURE FOR WITHDRAWAL. A member initiates a

withdrawal of contributions by filing an application for a refund

with the retirement system or the agency or department with which

the member holds or most recently held a position.

Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,

1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.

22.102 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1,

1989.

Sec. 812.103. EFFECT OF WITHDRAWAL. A withdrawal of

contributions cancels a member's service credit and terminates

the person's membership in, and all rights to benefits from, each

class from which the withdrawal is made.

Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,

1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.

22.103 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff.

Sept. 1, 1989.

Sec. 812.104. DEPOSITS REFUNDABLE. (a) Except as provided by

Subsection (c), deposits representing interest or membership fees

that are required of a member to establish service credit under

Section 813.202, 813.302, 813.402, or 813.502 are not refundable.

(b) Deposits representing accumulated contributions are

refundable to the member on application for a refund made as

provided by Section 812.102.

(c) 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.

Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,

1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.

22.104 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff.

Sept. 1, 1989. Amended by Acts 1999, 76th Leg., ch. 1541, Sec. 5,

eff. Sept. 1, 1999.

SUBCHAPTER C. RESUMPTION OF STATE SERVICE BY A RETIREE

Sec. 812.201. ELIGIBILITY FOR RETIREMENT SYSTEM MEMBERSHIP. (a)

Except as provided by Subsection (c), a retiree may not rejoin

the retirement system as a member of the class from which the

person retired.

(b) A retiree who takes a position not included in a membership

class from which the retiree receives retirement benefit

payments:

(1) is required to become or remain a member if the position is

included in the employee class; or

(2) may elect to become or remain a member if the position is

included in the elected class.

(c) A person who is retired from the elected class of membership

and who again holds a position included in that class may elect

to become a member again by filing notice with the retirement

system. Except as provided by Section 812.203(c), when benefit

payments are resumed, the retirement system shall recompute the

annuity selected at the time of the person's original retirement

to include the additional service established during membership

under this subsection.

Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 2092, ch. 383, Sec. 1,

eff. June 17, 1983. Renumbered from Vernon's Ann.Civ.St. Title

110B, Sec. 22.201 and amended by Acts 1989, 71st Leg., ch. 179,

Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch.

850, Sec. 2, eff. Sept. 1, 1991.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1308, Sec. 4, eff. September 1, 2009.

Sec. 812.202. BENEFITS NOT AFFECTED. (a) The payment of

benefits to a retiree is not affected by:

(1) the retiree's taking a position included in a class of

membership other than a class from which the person retired; or

(2) the retiree's serving the state as an independent

contractor.

(b) The payment of benefits to a retiree for service credited in

the employee class of membership is not affected by the retiree's

taking a position included in the employee class.

Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,

1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.

22.202 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 3, eff.

Sept. 1, 1991; Acts 2001, 77th Leg., ch. 715, Sec. 1, eff. Sept.

1, 2001.

Sec. 812.203. BENEFITS AFFECTED. (a) If a retiree takes the

oath for a position included in the elected class of membership,

the retirement system shall suspend annuity payments to the

person for service that was credited in that class, until the

person no longer holds that position.

(b) 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 selection providing for a

specific amount of benefits for a guaranteed number of months

after retirement.

(c) If a member who originally retired with service credited at

the time of that retirement only in the elected class of

membership again retires, the person at the time of subsequent

retirement may select an annuity based on service in the elected

class as if the person were retiring for the first time. If the

person selects an annuity under Section 814.108(c)(3) or (c)(4),

the retirement system shall reduce the number of months of

guaranteed payment by the number of months for which an annuity

was paid under the person's original retirement.

Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1981, 67th Leg., 1st C.S., p. 199, ch. 18,

Sec. 11, eff. Nov. 10, 1981; Acts 1983, 68th Leg., p. 2092, ch.

383, Sec. 2, eff. June 17, 1983. Renumbered from Vernon's

Ann.Civ.St. Title 110B, Sec. 22.203 and amended by Acts 1989,

71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989. Amended by Acts

1991, 72nd Leg., ch. 850, Sec. 4, eff. Sept. 1, 1991; Acts 2001,

77th Leg., ch. 715, Sec. 3(2), eff. Sept. 1, 2001; Acts 2003,

78th Leg., ch. 1111, Sec. 13, eff. Sept. 1, 2003.

Sec. 812.204. NOTICE. (a) Before a retiree begins work in a

position included in the employee class of membership, the

retiree and the head of the department, commission, board,

agency, or institution at which the retiree will resume state

service each shall notify the retirement system in writing of the

retiree's name, the taking of a position, and the projected dates

of service.

(b) Before a retiree from the elected class of membership takes

the oath of office for a position included in that class, the

retiree shall notify the retirement system in writing of the

taking of a position and the projected dates of 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.

22.204 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1,

1989.

Sec. 812.205. WAITING PERIOD. A member who retires from the

employee class on or after May 31, 2009, may not return to work

in a position included in the employee class of membership before

the 90th day after the date of the retiree's original retirement.

Added by Acts 2009, 81st Leg., R.S., Ch.

1308, Sec. 5, eff. September 1, 2009.

Sec. 812.206. RETURN TO WORK SURCHARGE. (a) This section

applies only to a person who, on or after September 1, 2009:

(1) retires from the employee class; and

(2) is rehired as a retiree into a position that would otherwise

include membership in the employee class.

(b) For each month that a department or agency of this state

employs a person described by Subsection (a), the department or

agency shall remit to the retirement system an amount equal to

the amount of the state contribution that the department or

agency would remit for an active member employed in the person's

position. The amount remitted shall be deposited as provided by

Section 815.309.

Added by Acts 2009, 81st Leg., R.S., Ch.

1308, Sec. 6, eff. September 1, 2009.