CHAPTER 834. BENEFITS - Texas Statutes

GOVERNMENT CODE

TITLE 8. PUBLIC RETIREMENT SYSTEMS

SUBTITLE D. JUDICIAL RETIREMENT SYSTEM OF TEXAS PLAN ONE

CHAPTER 834. BENEFITS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 834.001. TYPES OF BENEFITS. The types of benefits payable

by the retirement system are:

(1) service retirement benefits;

(2) disability retirement benefits; and

(3) death benefits.

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

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

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

1989.

Sec. 834.002. APPLICATION FOR RETIREMENT. A member may apply

for service or disability retirement by filing an application for

retirement with the board of trustees before the date the member

wishes to retire.

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

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

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

1989.

Sec. 834.003. CERTIFICATION BY CHIEF JUSTICE. An annuity may

not be paid under this subtitle until the chief justice of the

supreme court certifies to the comptroller of public accounts and

to the board of trustees that the applicant for the annuity is

entitled to it.

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

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

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

1989.

Sec. 834.004. INELIGIBILITY FOR BENEFITS. An annuity that is

based on service of a member who is removed from judicial office

by impeachment, or otherwise for official misconduct, may not be

paid under this subtitle.

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

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

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

1989.

Sec. 834.005. DISCLAIMER OF BENEFITS. The retirement system

shall give effect to a full or partial disclaimer of benefits

executed in accordance with Section 37A, Texas Probate Code,

unless the benefit to be disclaimed is a lifetime annuity.

Added by Acts 1997, 75th Leg., ch. 1048, Sec. 28, eff. Sept. 1,

1997.

SUBCHAPTER B. SERVICE RETIREMENT BENEFITS

Sec. 834.101. ELIGIBILITY FOR SERVICE RETIREMENT ANNUITY. (a)

A member is eligible to retire and receive a base service

retirement annuity if the member:

(1) is at least 65 years old, currently holds a judicial office,

and has at least 10 years of service credited in the retirement

system;

(2) is at least 65 years old and has at least 12 years of

service credited in the retirement system, regardless of whether

the member currently holds a judicial office;

(3) has at least 20 years of service credited in the retirement

system, regardless of whether the member currently holds a

judicial office; or

(4) has served at least 12 years on an appellate court and the

sum of the member's age and amount of service credited in the

retirement system equals or exceeds the number 70, regardless of

whether the member currently holds a judicial office.

(b) A member who meets service requirements provided by

Subsection (a)(1) or (a)(2) is eligible to retire and receive a

service retirement annuity actuarially reduced as provided by

Section 834.102(d) from the standard service retirement annuity,

if the member is at least 60 years old.

(c) A member's resignation from a judicial office before

applying for an annuity does not make the member ineligible for

the annuity unless the member applies for an annuity under

Subsection (a)(1).

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

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

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

Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 1048, Sec.

29, eff. Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

942, Sec. 2, eff. September 1, 2005.

Sec. 834.102. SERVICE RETIREMENT ANNUITY. (a) The base service

retirement annuity is an amount equal to 50 percent of the state

salary, as adjusted from time to time, being paid a judge of a

court of the same classification as the court on which the

retiree last served before retirement.

(b) The retirement system shall increase by 10 percent of the

amount of the applicable state salary under Subsection (a) or (d)

the annuity of a member who on the effective date of retirement:

(1) has not been out of judicial office for more than one year;

or

(2) has served as a visiting judge in this state and the first

anniversary of the last day of that service has not occurred.

(c) The service retirement annuity of a member qualifying for

retirement under Section 834.101(a) is the applicable state

salary under Subsection (a), multiplied by a percentage amount

that is the sum of 50 percent plus the product of 2.3 percent

multiplied by the number of years of subsequent service credit

the member accrues under Section 835.1015(a). After including

any increase under Subsection (b), the service retirement annuity

under this subsection may not be an amount that is greater than

90 percent of the applicable salary under Subsection (a).

(d) The service retirement annuity of a person qualifying for

retirement under Section 834.101(b) is an amount computed as a

percentage of the state salary, as adjusted from time to time,

being paid a judge of a court of the same classification as the

court on which the retiree last served before retirement,

according to the following schedule:

percentage

age at retirement

of state salary

at least 60 but less than 61

40 percent

at least 61 but less than 62

41.7 percent

at least 62 but less than 63

43.6 percent

at least 63 but less than 64

45.6 percent

at least 64 but less than 65

47.7 percent

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

1981. Amended by Acts 1981, 67th Leg., 1st C.S., p. 208, ch. 18,

Sec. 39, eff. Nov. 10, 1981; Acts 1987, 70th Leg., ch. 740, Sec.

1, 2, eff. June 20, 1987. Renumbered from Vernon's Ann.Civ.St.

Title 110B, Sec. 44.102 and amended by Acts 1989, 71st Leg., ch.

179, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 2001, 77th Leg.,

ch. 1240, Sec. 3, eff. Jan. 1, 2002.

Amended by:

Acts 2005, 79th Leg., Ch.

1033, Sec. 2, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

1258, Sec. 1, eff. September 1, 2007.

Sec. 834.103. OPTIONAL SERVICE RETIREMENT ANNUITY. (a) Instead

of a service retirement annuity payable under Section 834.102, a

retiring member may elect to receive an optional service

retirement annuity, payable throughout the life of the retiree

and actuarially reduced, under tables adopted by the board of

trustees, from the annuity otherwise payable to its actuarial

equivalent.

(b) Optional service retirement annuities available to a

retiring member are those available to retiring members of the

Employees Retirement System of Texas under Section 814.108(c).

(c) A person may apply for an optional service retirement

annuity by filing an application for the annuity with the

retirement system before the 31st day after the date of the

person's retirement.

(d) If a person who is nominated by a retiree in the written

designation under Subsection (b) predeceases the retiree, the

reduced annuity of a retiree who has elected an optional lifetime

retirement annuity under Section 814.108(c) shall be increased to

the standard service retirement annuity that the retiree would

otherwise be entitled to receive if the retiree had not selected

that annuity option. The standard service retirement annuity

shall be adjusted as appropriate for:

(1) early retirement as permitted by law; and

(2) postretirement increases in retirement benefits authorized

by law after the date of retirement.

(e) The increase in the annuity under Subsection (d) begins with

the monthly payment made to the retiree for the month following

the month in which the person nominated dies or the September 30,

1991, payment, whichever is later, and is payable to the retiree

for the remainder of the retiree's life.

(f) The computation of an optional service retirement annuity

must include the ages of the retiring member and the member's

designated beneficiary at the time of the member's retirement.

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

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

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

Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 30,

eff. Sept. 1, 1991.

SUBCHAPTER C. DISABILITY RETIREMENT BENEFITS

Sec. 834.201. ELIGIBILITY FOR DISABILITY RETIREMENT ANNUITY.

(a) A member is eligible, regardless of age, to retire from

regular active service for disability and receive a disability

retirement annuity if the member has at least seven years of

service credit in the retirement system.

(b) A member otherwise eligible may not receive a disability

retirement annuity unless the chief justice of the supreme court

certifies that the member is mentally or physically incapacitated

for the further performance of regular judicial duties.

(c) A disability retirement annuity may be denied on the ground

that a claimed physical incapacity is caused by or results from

an intemperate use of alcohol or narcotic drugs.

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

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

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

1989.

Sec. 834.202. INFORMATION ABOUT PHYSICAL INCAPACITY. (a) A

member who applies for retirement because of physical incapacity

shall file with the supreme court written reports by two

physicians licensed to practice medicine in this state, fully

reporting the claimed physical incapacity.

(b) The chief justice of the supreme court may appoint a

physician licensed in this state to make any additional medical

investigation the court finds necessary.

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

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

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

1989.

Sec. 834.203. DISABILITY RETIREMENT ANNUITY. (a) Except as

provided by Subsection (b) or (c), a disability retirement

annuity is an amount computed as provided by Section 834.102.

(b) The amount of a disability retirement annuity is not

reducible because of the age of the retiring member but may be

increased as provided by Section 834.102(b), if applicable.

(c) Instead of a disability retirement annuity computed as

provided by Section 834.102, a retiring member may elect to

receive an optional disability retirement annuity payable as

provided by Section 834.103.

(d) A disability retirement annuity is payable for the duration

of the retiree's disability. If a retiree who has selected an

optional disability retirement annuity dies while receiving the

annuity, the annuity is payable throughout the life of the

retiree's designated beneficiary or for a guaranteed period after

the date of retirement, depending on the option selected.

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

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

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

Sept. 1, 1989.

SUBCHAPTER D. DEATH BENEFITS

Sec. 834.301. SELECTION OF DEATH BENEFIT PLAN BY MEMBER. (a) A

member who has at least 10 years of service credit in the

retirement system may select a death benefit plan for the

payment, if the member dies before retirement, of a death benefit

annuity to one or more persons designated by the member. Death

benefit annuities available for selection by a member described

in this subsection are the optional annuities provided by

Sections 814.108(c)(1) and (c)(4).

(b) Section 814.301(b) applies to a death benefit plan selected

by a member in applicable circumstances.

(c) The computation of a death benefit annuity must include the

ages of the member and of the member's designated beneficiary at

the time of the member's death.

(d) A member may select a death benefit plan by filing an

application for a plan with the board of trustees on a form

prescribed by the board. After selection, a death benefit plan

may take effect at death unless the member amends the plan,

selects a retirement annuity at the time of the member's

retirement, or becomes ineligible to select a plan.

(e) A death benefit annuity is payable beginning on the day

after the date the member dies.

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

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

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

Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 31,

eff. Sept. 1, 1991.

Sec. 834.302. SELECTION OF DEATH BENEFIT PLAN BY SURVIVOR OF

MEMBER. (a) If a member eligible to select a death benefit plan

under Section 834.301(a) dies without having made a selection or

if a selection cannot be made effective, the member's designated

beneficiary may select a plan in the same manner as if the member

had made the selection. If there is no designated beneficiary,

the personal representative of the decedent's estate may make the

selection.

(b) If a person dies who meets the description in Section

814.302(b), the person's designated beneficiary or the guardian

of surviving minor children may select a death benefit plan under

that subsection.

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

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

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

Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 1048, Sec.

30, eff. Sept. 1, 1997.

Sec. 834.303. RETURN OF CONTRIBUTIONS. (a) Except as provided

by Subsection (c), if a member dies before retirement, the amount

of the member's contributions to the retirement system is payable

as a lump-sum death benefit.

(b) The benefit provided by this section is payable to a person

designated by the member in a signed document filed with the

board of trustees. If a member does not designate a beneficiary,

the benefit is payable to the member's estate.

(c) A death benefit may not be paid under this section if a

death benefit annuity has been selected as provided by Section

834.301 or 834.302.

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

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

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

Sept. 1, 1989.

Sec. 834.304. RETURN OF EXCESS CONTRIBUTIONS. (a) Except as

provided by Subsection (c), if a person dies after retirement, a

lump-sum death benefit is payable in an amount, if any, by which

the retiree's contributions to the retirement system on the date

of retirement exceed the amount of annuity payments made before

the retiree's death.

(b) The benefit provided by this section is payable to the

retiree's designated beneficiary. If a retiree dies without

having designated a beneficiary, the benefit is payable to the

person entitled to distribution of the decedent's estate, if that

person or the personal representative of the decedent's estate

claims the benefit before the second anniversary of the

decedent's death.

(c) A death benefit may not be paid under this section if an

optional retirement annuity has been selected as provided by

Section 834.103 or 834.203.

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

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

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

Sept. 1, 1989.