CHAPTER 839. BENEFITS - Texas Statutes

GOVERNMENT CODE

TITLE 8. PUBLIC RETIREMENT SYSTEMS

SUBTITLE E. JUDICIAL RETIREMENT SYSTEM OF TEXAS PLAN TWO

CHAPTER 839. BENEFITS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 839.001. 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.

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

Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 74.001 by

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

Sec. 839.002. APPLICATION FOR RETIREMENT. (a) A member may

apply for service or disability retirement by filing an

application for retirement with the board of trustees.

(b) An application for a service retirement annuity may not be

made:

(1) after the date the member wishes to retire; or

(2) more than 90 days before the date the member wishes to

retire.

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

Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 74.002 by

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

Sec. 839.003. 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.

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

Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 74.003 by

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

Sec. 839.004. 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. 33, eff. Sept. 1,

1997.

SUBCHAPTER B. SERVICE RETIREMENT BENEFITS

Sec. 839.101. ELIGIBILITY FOR SERVICE RETIREMENT ANNUITY. (a)

A member is eligible to retire and receive a 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 839.102(c) 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).

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

Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 74.101 and

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

1989. Amended by Acts 1993, 73rd Leg., ch. 791, Sec. 36, eff.

Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1048, Sec. 34, eff.

Sept. 1, 1997; Acts 2003, 78th Leg., ch. 463, Sec. 1, eff. Sept.

1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

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

Acts 2005, 79th Leg., Ch.

1029, Sec. 1, eff. September 1, 2005.

Sec. 839.102. SERVICE RETIREMENT ANNUITY.

Text of subsection as amended by Acts 2005, 79th Leg., R.S., Ch.

1033, Sec. 6

(a) Except as provided by Subsections (b), (c), and (d), the

standard service retirement annuity is an amount equal to 50

percent of the state salary being paid at the time the member

retires to a judge of a court of the same classification as the

last court to which the retiring member was elected or appointed.

Text of subsection as amended by Acts 2005, 79th Leg., R.S., Ch.

1203, Sec. 3

(a) Except as provided by Subsections (b), (c), and (f), the

standard service retirement annuity is an amount equal to 50

percent of the state salary being paid at the time the member

retires to a judge of a court of the same classification as the

last court to which the retiring member was elected or appointed.

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

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

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 standard service retirement annuity of a person

qualifying for retirement under Section 839.101(b) is an amount

computed as a percentage of the state salary being paid at the

time the member retires to a judge of a court of the same

classification as the last court to which the retiring member was

elected or appointed, according to the following schedule:

age at retirement

percentage 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.

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

retirement under Section 839.101(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 840.1025(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).

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

retirement under Section 839.101(a)(4) 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 840.1027. 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).

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

1985. Amended by Acts 1987, 70th Leg., ch. 740, Sec. 3, eff. June

20, 1987. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.

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

Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 791, Sec. 37,

eff. Sept. 1, 1993; Acts 2001, 77th Leg., ch. 1240, Sec. 6, eff.

Jan. 1, 2002.

Amended by:

Acts 2005, 79th Leg., Ch.

1033, Sec. 6, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

1203, Sec. 3, eff. September 1, 2005.

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

1258, Sec. 2, eff. September 1, 2007.

Sec. 839.103. OPTIONAL SERVICE RETIREMENT ANNUITY. (a) Instead

of a service retirement annuity payable under Section 839.102, a

retiring member may elect to receive one of the following

optional service retirement annuities, actuarially reduced to an

actuarially equivalent value and consisting of:

(1) an annuity payable during the retiring member's life and

continuing after death in the same amount, throughout the life of

one person designated by the retiring member before retirement;

(2) an annuity payable during the retiring member's life and

continuing after death in an amount equal to one-half of the

amount payable during the retiring member's life, throughout the

life of one person designated by the retiring member before

retirement;

(3) an annuity payable for the greater of the rest of the

retiring member's life or 60 months;

(4) an annuity payable for the greater of the rest of the

retiring member's life or 120 months; or

(5) an annuity payable during the retiring member's life and

continuing after death in an amount equal to three-fourths of the

amount payable during the retiring member's life, throughout the

life of one person designated by the retiring member before

retirement.

(b) An annuity selected under Subsection (a)(3) or (a)(4) that

is payable after the retiring member's death shall be paid to one

or more persons designated by the retiring member before or after

retirement or, if no person has been designated or all designees

die before all payments are made, to the retiree's estate.

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

annuity by filing an application for the annuity with the

retirement system before the date of the person's retirement.

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

designation under Subsection (a) predeceases the retiree, the

reduced annuity of a retiree who has elected an optional lifetime

retirement annuity under Subsection (a) 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 and is payable to

the retiree for the remainder of the retiree's life.

(f) The computation of an optional service retirement annuity

payable throughout the life of a named individual must include

the age of that individual.

(g) An optional service retirement annuity may not provide that

more than 50 percent of the value of the annuity, as determined

at the time of retirement, be used to provide a benefit to a

person other than the person on whose service the annuity is

based.

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

Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 74.103 and

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

1989. Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 33, eff.

Sept. 1, 1991.

Amended by:

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

1308, Sec. 28, eff. September 1, 2009.

SUBCHAPTER C. DISABILITY RETIREMENT BENEFITS

Sec. 839.201. 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

and the medical board certify 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.

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

Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 74.201 by

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

Sec. 839.202. DISABILITY REPORTS. (a) A member who applies for

retirement because of physical incapacity shall file with the

retirement system and the chief justice of the supreme court

written reports by two physicians licensed to practice medicine

in this state, fully reporting the claimed physical incapacity.

(b) The retirement system shall refer an application for

disability retirement to the medical board for its

recommendations. The medical board may require an applicant to

submit any additional information it considers necessary to

enable it to make its recommendations.

(c) The chief justice of the supreme court may direct the

retirement system to employ a physician under Section 840.203 or

may direct the medical board to require additional information

under Subsection (b).

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

Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 74.202 and

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

1989.

Sec. 839.203. DISABILITY RETIREMENT ANNUITY. (a) Except as

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

annuity is an amount computed as provided by Section 839.102.

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

reducible because of the age of the retiring member.

(c) Instead of a disability retirement annuity computed as

provided by Section 839.102, a retiring member may elect to

receive an optional disability retirement annuity payable as

provided by Section 839.103.

(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.

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

Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 74.203 and

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

1989.

SUBCHAPTER D. DEATH BENEFITS

Sec. 839.301. SELECTION OF DEATH BENEFIT PLAN BY MEMBER. (a)

An eligible member may select a death benefit plan for the

payment of a death benefit annuity, to be paid if the member dies

before retirement. Except as provided by Subsections (c) and (d),

a death benefit annuity is an amount computed, in the manner

provided under Sections 839.102(a) and (b) for computation of a

standard service retirement annuity, as if the member had retired

on the date of death and payable, beginning on the day after the

date of the member's death, in one of the following ways:

(1) throughout the life of one person designated by the member;

or

(2) to one or more persons designated by the member, for a

period of 120 months.

(b) A member eligible to select a death benefit plan is one who

is a member and has at least 10 years of service credit in the

retirement system.

(c) The retirement system shall, under tables adopted by the

board of trustees as provided by Section 840.005, actuarially

reduce the amount of a death benefit annuity payable under this

section for the difference between the member's age on the date

of death and age 65, if the member dies before attaining that

age.

(d) The computation of a death benefit annuity selected under

Subsection (a)(1) must include the age of the designated

recipient.

(e) 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

takes effect at death unless the member amends the plan, selects

a retirement annuity at the time of retirement, or has chosen a

plan that cannot take effect.

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

Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 74.301 and

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

1989. Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 33, eff.

Sept. 1, 1991.

Sec. 839.302. SELECTION OF DEATH BENEFIT PLAN BY SURVIVOR OF

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

under Section 839.301 dies without having made a selection or if

a plan selected 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.

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

Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 74.202 and

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

1989. Amended by Acts 1997, 75th Leg., ch. 1048, Sec. 35, eff.

Sept. 1, 1997.

Sec. 839.303. MEMBER DEATH BENEFITS GENERALLY. (a) Except as

provided by Subsection (c), if a contributing member dies, a

lump-sum death benefit is payable from the retirement system in

an amount computed at the rate of five percent of the amount in

the member's individual account at the time of death times the

number of full years of service credit the member had at the time

of death.

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

designated by the member in a signed document filed with the

retirement system. If a member does not designate a beneficiary

or if the beneficiary does not survive the member, the benefit is

payable to the member's estate.

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

the time of death, the member was eligible to select a death

benefit annuity under Section 839.301.

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

Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 74.303 and

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

1989.

Sec. 839.304. RETURN OF CONTRIBUTIONS. (a) Except as provided

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

of the member's accumulated contributions 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, at

the time of death, the member was eligible to select a death

benefit annuity under Section 839.301.

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

Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 74.304 and

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

1989.

Sec. 839.305. 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 839.103 or 839.203(c).

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

Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 74.305 and

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

1989.

SUBCHAPTER E. INCREASES IN BENEFITS

Sec. 839.401. ANNUITY INCREASE AFTER DEATH OR RETIREMENT. (a)

Except as provided by Subsections (b) and (e), on the first day

of each fiscal year, the retirement system shall increase the

amounts of annuities that are payable by the system to a retiree,

to the survivor of a retiree, or to the survivor of a deceased

member.

(b) The retirement system may not increase under this section

the amount of an annuity unless the retirement or death on which

the annuity is based occurred before the first day of the

preceding fiscal year.

(c) The legislature may appropriate money from the general

revenue fund to pay the costs of increasing the amounts of

annuities under this section. On the first day of each fiscal

year, the state comptroller of public accounts shall transfer to

the retirement system any money appropriated for the fiscal year

for the purpose of this section.

(d) If the amount of money appropriated for a fiscal year is

insufficient to finance the rate of increase in annuities

specified in the Act making the appropriation or if the Act fails

to specify a rate of increase, the board of trustees shall set

the rate as the rate that the amount of money appropriated will

finance for the duration of the annuities payable to those

persons entitled to receive an increase in annuities under this

section.

(e) If an appropriation is not made for a fiscal year for the

purpose of this section, the retirement system may not increase

under this section the amount of annuities for that year.

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

Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 74.401 and

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

1989.