CHAPTER 837. MEMBERSHIP - Texas Statutes

GOVERNMENT CODE

TITLE 8. PUBLIC RETIREMENT SYSTEMS

SUBTITLE E. JUDICIAL RETIREMENT SYSTEM OF TEXAS PLAN TWO

CHAPTER 837. MEMBERSHIP

SUBCHAPTER A. MEMBERSHIP

Sec. 837.001. 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 or the Judicial

Retirement System of Texas Plan One and who at any time on or

after the effective date of this Act are judges, justices, or

commissioners of:

(1) the supreme court;

(2) the court of criminal appeals;

(3) a court of appeals;

(4) a district court; or

(5) a commission to a court specified in this subsection.

(b) Except as provided by Section 837.101, 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 or the Judicial Retirement

System of Texas Plan One. 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).

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

Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 72.001 and

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

1989.

Sec. 837.002. TERMINATION OF MEMBERSHIP. A person's membership

in the retirement system is terminated by:

(1) death of the person;

(2) retirement based on service credited in the retirement

system;

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

or

(4) transfer of the person's accumulated contributions under

Section 840.401(f).

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

Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 72.002 and

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

1989.

Sec. 837.003. 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 accumulated

contributions in the retirement system.

(b) A withdrawal of contributions cancels the person's service

credit in the retirement system and terminates the person's

rights to benefits based on the credit.

(c) A member initiates a withdrawal of contributions by filing

an application for a refund with the retirement system.

(d) Deposits representing interest or membership fees that are

required of a member to establish service credit under Section

838.102 or 838.103 are not refundable.

(e) 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.

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

Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 72.003 and

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

1989.

Amended by:

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

1308, Sec. 26, eff. September 1, 2009.

SUBCHAPTER B. RESUMPTION OF JUDICIAL SERVICE BY RETIREE

Sec. 837.101. JUDICIAL ASSIGNMENT. 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 or receive credit

in the retirement system for the period of an appointment or for

any service performed under assignment.

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

Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 72.101 and

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

1989.

Sec. 837.102. 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 837.101 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 837.101, the retiree shall notify the

retirement system in writing of the resumption of office and the

projected dates of service.

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

Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 72.102 and

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

1989.