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