CHAPTER 836. GENERAL PROVISIONS - Texas Statutes

GOVERNMENT CODE

TITLE 8. PUBLIC RETIREMENT SYSTEMS

SUBTITLE E. JUDICIAL RETIREMENT SYSTEM OF TEXAS PLAN TWO

CHAPTER 836. GENERAL PROVISIONS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 836.001. DEFINITIONS. In this subtitle:

(1) "Accumulated contributions" means the total of amounts in a

member's individual account in the retirement system, including:

(A) amounts deducted from the compensation of the member;

(B) other member deposits required to be placed in the member's

individual account; and

(C) interest credited to amounts in the member's individual

account.

(2) "Annuity" means an amount of money payable in monthly

installments for life or for another period as provided by this

subtitle.

(3) "Board of trustees" means the entity given responsibility

under Section 840.001 for the administration of the retirement

system.

(4) "Executive director" means the person appointed under

Section 815.202.

(5) "Judicial officer" means a person who presides over a court

or a commission to a court named in Section 837.001 and who has

never been a member of the Judicial Retirement System of Texas or

the Judicial Retirement System of Texas Plan One.

(6) "Medical board" means the entity designated under Section

840.202.

(7) "Retiree" means a person who receives from the retirement

system an annuity based on service that was credited to the

person.

(8) "Retirement system" means the Judicial Retirement System of

Texas Plan Two.

(9) "Service credit" means the amount of membership, military,

and equivalent membership service ascribed by the retirement

system to a person and for which the person has made required

contributions.

(9-a) "State salary" does not include the amount of any

longevity pay payable under Section 659.0445.

(10) "Supreme court" means the Supreme Court of Texas.

(11) "Compensation" includes amounts by which a member's salary

is reduced under a salary reduction agreement authorized by

Chapter 610.

Added by Acts 1985, 69th Leg., ch. 602, Sec. 1. Amended by Acts

1987, 70th Leg., ch. 944, Sec. 4, eff. June 20, 1987. Renumbered

from Vernon's Ann.Civ.St. Title 110B, Sec. 71.001 and amended by

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

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(34), eff.

Sept. 1, 1995.

Amended by:

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

1328, Sec. 6, eff. September 1, 2007.

Sec. 836.002. PURPOSE OF SUBTITLE. The purpose of this subtitle

is to establish a program of benefits for members, retirees, and

other beneficiaries of the retirement system and to establish

rules for the management and operation of the retirement system.

Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.

Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 71.002 by

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

Sec. 836.003. RETIREMENT SYSTEM. The retirement system is an

entity of the state. The Judicial Retirement System of Texas Plan

Two is the name in which all its business shall be transacted and

all its property held.

Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.

Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 71.003 by

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

Sec. 836.004. EXEMPTION FROM EXECUTION. All annuity and other

benefit payments from the retirement system, contribution

refunds, and rights accrued or accruing under this subtitle to

any person are exempt from garnishment, attachment, state and

local taxation, levy, sale, and any other process and are

unassignable.

Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.

Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 71.004 by

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

Sec. 836.005. POWERS AND PRIVILEGES. The retirement system has

the powers, privileges, and immunities of a corporation, as well

as the powers, privileges, and immunities conferred by this

subtitle.

Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.

Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 71.005 by

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

Sec. 836.006. DIVERSION OF MONEY PROHIBITED. Except as provided

by Sections 840.101(b) and 840.305(c), no part of the money

contributed to the retirement system under Section 840.102 or

840.104 and no part of the contribution described by Section

840.103(b)(2) may be used for or diverted to any purpose other

than the exclusive benefit of members, their beneficiaries, and

annuitants of the retirement system.

Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.

Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 71.006 and

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

1989.

SUBCHAPTER B. PENAL PROVISIONS

Sec. 836.101. CONVERSION OF MONEY; FRAUD. (a) A person commits

an offense if the person knowingly or intentionally confiscates,

misappropriates, or converts money representing deductions from a

member's salary either before or after the money is received by

the retirement system.

(b) A person commits an offense if the person knowingly or

intentionally makes a false statement or falsifies or permits to

be falsified any record of the retirement system in an attempt to

defraud the retirement system.

(c) A member commits an offense if the member accepts as a

salary money that the member knows should have been deducted as

provided by this subtitle from the member's salary.

Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.

Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 71.101 by

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

Sec. 836.102. PENALTIES. (a) An offense under Section

836.101(a) or (c) is punishable in the manner provided by Section

31.03, Penal Code, for the punishment of the offenses included in

that section.

(b) An offense under Section 836.101(b) is punishable in the

manner provided by Section 37.10, Penal Code, for the punishment

of the offenses included in that section.

Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.

Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 71.102 and

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

1989.