H.B. No. 1114
AN ACT
relating to contributions by and benefits for certain members and
retirees under the Judicial Retirement System of Texas Plan One and
Plan Two.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 833, Government Code, is
amended by adding Section 833.1035 to read as follows:
Sec. 833.1035. SERVICE IN EXCESS OF 20 YEARS. (a) Subject
to the limitation on the amount of a retirement annuity under
Section 834.102(c), 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 835.1015.
(c) A member may not establish more than 120 months of
service credit under this section.
(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.
SECTION 2. Section 834.102, Government Code, is amended by
adding Subsection (c) to read as follows:
(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 two 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 80 percent of
the applicable salary under Subsection (a).
SECTION 3. Subsection (c), Section 835.101, Government
Code, is amended to read as follows:
(c) Except as provided by Section 835.1015, a [A] member who
accrues 20 years of service credit in the retirement system ceases
making contributions under this section.
SECTION 4. Subchapter B, Chapter 835, Government Code, is
amended by adding Section 835.1015 to read as follows:
Sec. 835.1015. CONTRIBUTIONS AFTER 20 YEARS OF SERVICE
CREDIT. (a) A judicial officer who is a member of the retirement
system and who accrues 20 years of service credit in the retirement
system may elect to make contributions for each subsequent year of
service credit that the member accrues by filing an application
with the retirement system.
(b) A member who elects to make contributions under
Subsection (a) shall contribute six percent of the member's state
compensation for each payroll period in the manner provided by
Sections 835.101(a) and (b).
(c) A member may not make contributions under this section
for more than 10 years of subsequent service credit that the member
accrues.
SECTION 5. Subchapter B, Chapter 838, Government Code, is
amended by adding Section 838.1035 to read as follows:
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) A member may not establish more than 120 months of
service credit under this section.
(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.
SECTION 6. Section 839.102, Government Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) Except as provided by Subsections (b), [and] (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.
(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 two 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 80 percent of
the applicable salary under Subsection (a).
SECTION 7. Subsection (g), Section 840.102, Government
Code, is amended to read as follows:
(g) Except as provided by Section 840.1025, a [A] member who
accrues 20 years of service credit in the retirement system ceases
making contributions under this section but is considered a
contributing member for all other purposes under this subtitle.
SECTION 8. Subchapter B, Chapter 840, Government Code, is
amended by adding Section 840.1025 to read as follows:
Sec. 840.1025. CONTRIBUTIONS AFTER 20 YEARS OF SERVICE
CREDIT. (a) A judicial officer who is a member of the retirement
system and who accrues 20 years of service credit in the retirement
system may elect to make contributions for each subsequent year of
service credit that the member accrues by filing an application
with the retirement system.
(b) A member who elects to make contributions under
Subsection (a) shall contribute six percent of the member's state
compensation for each payroll period in the manner provided by
Sections 840.102(b)-(f).
(c) A member may not make contributions under this section
for more than 10 years of subsequent service credit that the member
accrues.
SECTION 9. Sections 834.102 and 839.102, Government Code,
as amended by this Act, apply only to a benefit payment made by the
Judicial Retirement System of Texas Plan One or the Judicial
Retirement System of Texas Plan Two on or after September 1, 2005.
SECTION 10. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1114 was passed by the House on April
5, 2005, by the following vote: Yeas 142, Nays 0, 3 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1114 on May 27, 2005, by the following vote: Yeas 141, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1114 was passed by the Senate, with
amendments, on May 25, 2005, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor