CHAPTER 838. CREDITABLE SERVICE - Texas Statutes

GOVERNMENT CODE

TITLE 8. PUBLIC RETIREMENT SYSTEMS

SUBTITLE E. JUDICIAL RETIREMENT SYSTEM OF TEXAS PLAN TWO

CHAPTER 838. CREDITABLE SERVICE

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 838.001. 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.

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

Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 73.001 by

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

SUBCHAPTER B. ESTABLISHMENT OF SERVICE

Sec. 838.101. 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.

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

Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 73.101 by

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

Sec. 838.102. SERVICE CREDIT PREVIOUSLY CANCELED. If a person

who has withdrawn contributions to the retirement system and

canceled service credit under Section 837.003 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person redeposits with the system the amount withdrawn, plus all

membership fees due, plus interest computed on the basis of the

state fiscal year at an annual rate of five percent from the date

of withdrawal to the date of redeposit. Payment under this

section reestablishes the service credit canceled by the refund.

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

Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 73.102 and

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

1989.

Sec. 838.103. 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) has at least eight years of service credit in the retirement

system;

(2) 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; and

(3) has been released from military duty under conditions not

dishonorable.

(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 in a lump sum a

contribution computed for each month of military service claimed

at the rate of six percent of the member's current monthly state

compensation, plus, if the member does not establish the 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.

(f) The state shall contribute for each month of military

service established under this section an amount computed on the

basis of the member's current monthly state compensation at the

rate of state contribution, as provided by Section 840.103(a),

for the fiscal year in which the credit is established.

(g) The board of trustees may require members applying for

credit under this section to submit any information the board

considers necessary to enable it to determine eligibility for

credit, amount of service, or amounts of required contributions.

(h) The retirement system shall use military service credit in

computing death benefits and in determining eligibility to select

an optional death benefit plan.

(i) Repealed by Acts 1997, 75th Leg., ch. 1048, Sec. 56(a), eff.

Sept. 1, 1997.

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

Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 73.103 and

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

1989. Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 32, eff.

Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1048, Sec. 31, eff.

Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1111, Sec. 30, eff.

Sept. 1, 2003.

Sec. 838.1031. 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. 37, eff. Aug. 28,

1995.

Sec. 838.1035. SERVICE IN EXCESS OF 20 YEARS. (a) Subject to

the limitation on the amount of a retirement annuity under

Section 839.102(d), 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 840.1025.

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

41(4), 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. 5, eff. September 1, 2005.

Amended by:

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

1308, Sec. 41(4), eff. September 1, 2009.

Sec. 838.105. 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 838.101.

(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. 33, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 1048, Sec. 32, eff.

Sept. 1, 1997.

Sec. 838.106. CREDIT FOR YEAR IN WHICH ELIGIBLE FOR OFFICE. (a)

A member 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.

(c) For the purpose of Subsection (a)(1), the term of a member

leaving judicial office ends not later than December 31

regardless of the date on which the member's successor takes the

oath of office.

Added by Acts 2001, 77th Leg., ch. 1240, Sec. 5, eff. Jan. 1,

2002. Amended by Acts 2003, 78th Leg., ch. 1111, Sec. 31, eff.

Sept. 1, 2003.

Amended by:

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

1308, Sec. 27, eff. September 1, 2009.

Sec. 838.107. SERVICE NOT PREVIOUSLY ESTABLISHED. The state

shall make contributions for service not previously established

that is established under Section 838.105 or 838.106 in the

amount provided by Section 838.103(f) for military service. The

state contributions will be made at the time the service credit

is granted.

Added by Acts 1993, 73rd Leg., ch. 791, Sec. 35, eff. Sept. 1,

1993.

Sec. 838.108. CREDIT PURCHASE OPTION. (a) An eligible member

may establish not more than 60 months of equivalent membership

service credit.

(b) A member is eligible to establish service credit under this

section only for the purpose of becoming eligible to retire, or

retiring, under Section 839.101(a)(3).

(c) A member may establish service credit under this section by

depositing with the retirement system, for each month of service

credit, the actuarial present value, at the time of deposit, of

the additional standard retirement annuity benefits that would be

attributable to the purchase of the service credit under this

section, based on rates and tables recommended by the retirement

system's actuary and adopted by the board of trustees.

(d) After a member makes the deposits required by this section,

the retirement system shall grant the member one month of

equivalent membership service credit for each month of credit

approved.

(e) The retirement system shall deposit the amount of the

actuarial present value of the service credit purchased in the

member's individual account in the retirement system.

(f) The board of trustees may adopt rules to administer this

section, including rules that impose restrictions on the

application of this section as necessary to cost-effectively

administer this section.

Added by Acts 2003, 78th Leg., ch. 714, Sec. 1, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

347, Sec. 22, eff. September 1, 2005.