Law:Title 8. Public Retirement Systems. Subtitle E. Judicial Retirement System Of Texas Plan Two from Chapter 837. Membership (Texas)

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Subtitle E. Judicial Retirement System Of Texas Plan Two

Contents

Chapter 837. Membership

Subchapter A. Membership

Section  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.



Section  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.



Section  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

Section  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.



Section  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.


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