CHAPTER 832. MEMBERSHIP - Texas Statutes

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.