CHAPTER 833. CREDITABLE SERVICE - Texas Statutes

GOVERNMENT CODE

TITLE 8. PUBLIC RETIREMENT SYSTEMS

SUBTITLE D. JUDICIAL RETIREMENT SYSTEM OF TEXAS PLAN ONE

CHAPTER 833. CREDITABLE SERVICE

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 833.001. 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.

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

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

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

1989.

SUBCHAPTER B. ESTABLISHMENT OF SERVICE

Sec. 833.101. 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.

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

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

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

1989.

Sec. 833.102. SERVICE CREDIT PREVIOUSLY CANCELED. If a person

who has withdrawn contributions to the retirement system and

canceled service credit under Section 832.004 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person redeposits with the system the amount withdrawn. Payment

under this section reestablishes the service credit canceled by

the refund.

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

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

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

Sept. 1, 1989.

Sec. 833.103. 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) currently contributes to the retirement system;

(2) has at least 8 years of service credit in the retirement

system; and

(3) 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.

(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 a contribution computed for

each month of military service claimed at the rate of six percent

of the member's current monthly state salary.

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

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

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

1989. Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 29, eff.

Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1048, Sec. 26, eff.

Sept. 1, 1997.

Sec. 833.1031. 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. 36, eff. Aug. 28,

1995.

Sec. 833.1035. SERVICE IN EXCESS OF 20 YEARS. (a) Subject to

the limitation on the amount of a retirement annuity under

Section 834.102(c), 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 835.1015.

(c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1308, Sec.

41(1), 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. 1, eff. September 1, 2005.

Amended by:

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

1308, Sec. 41(1), eff. September 1, 2009.

Sec. 833.105. 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 833.101.

(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. 31, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 1048, Sec. 27, eff.

Sept. 1, 1997.

Sec. 833.106. CREDIT FOR YEAR IN WHICH ELIGIBLE FOR OFFICE. (a)

A member who has not retired 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.

Added by Acts 2001, 77th Leg., ch. 1240, Sec. 2, eff. Jan. 1,

2002.