1 | 1 | | 81R11820 SGA-D |
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2 | 2 | | By: Zaffirini S.B. No. 2252 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to service creditable in the Judicial Retirement System of |
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8 | 8 | | Texas Plan Two. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Subchapter B, Chapter 838, Government Code, is |
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11 | 11 | | amended by adding Section 838.1045 to read as follows: |
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12 | 12 | | Sec. 838.1045. SERVICE ON COUNTY COURT AT LAW OR AS JUSTICE |
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13 | 13 | | OF THE PEACE. (a) An eligible member may establish equivalent |
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14 | 14 | | membership service credit in the retirement system for service |
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15 | 15 | | performed as judge of a county court at law or as a justice of the |
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16 | 16 | | peace. |
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17 | 17 | | (b) A member may establish credit under this section by |
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18 | 18 | | depositing with the retirement system a contribution in an amount, |
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19 | 19 | | except as provided by Subsection (e), computed at the rate of six |
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20 | 20 | | percent of the state salary of a district judge for the member's |
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21 | 21 | | full tenure on the county court at law or as a justice of the peace, |
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22 | 22 | | plus interest computed at the rate of interest credited to a |
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23 | 23 | | person's account in the Texas County and District Retirement System |
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24 | 24 | | for the period of the service or, for service performed before |
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25 | 25 | | January 1, 1968, at the rate of six percent a calendar year. |
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26 | 26 | | (c) A member who establishes credit under this section |
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27 | 27 | | forfeits all rights to benefits based on the claimed service in the |
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28 | 28 | | Texas County and District Retirement System, except rights to |
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29 | 29 | | benefits based on the amount paid by the county for the service that |
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30 | 30 | | exceeds the amount of state salary that would have been paid for the |
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31 | 31 | | service. |
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32 | 32 | | (d) The Texas County and District Retirement System shall |
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33 | 33 | | transfer to the retirement system the amount credited to the |
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34 | 34 | | member's account, whether contributed by the member or the member's |
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35 | 35 | | employer, plus accumulated interest, except any amount |
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36 | 36 | | representing contributions or interest on salary that exceeds the |
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37 | 37 | | state salary that would have been paid for the service. |
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38 | 38 | | (e) The retirement system shall credit the amount |
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39 | 39 | | transferred by the Texas County and District Retirement System |
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40 | 40 | | against the member's required payment under this section. If the |
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41 | 41 | | total of the amount transferred and the amount paid by the member |
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42 | 42 | | exceeds the amount required by this section, the retirement system |
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43 | 43 | | shall leave the excess in the retirement system trust fund. |
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44 | 44 | | (f) The amount of contributions credited in the retirement |
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45 | 45 | | system to a member who establishes credit under this section is the |
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46 | 46 | | amount that the member would have contributed to the retirement |
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47 | 47 | | system, the Judicial Retirement System of Texas, or the Judicial |
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48 | 48 | | Retirement System of Texas Plan One as a district judge at the time |
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49 | 49 | | the service was performed. |
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50 | 50 | | SECTION 2. The change in law made by this Act applies only |
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51 | 51 | | to the years of service creditable for retirement benefits of a |
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52 | 52 | | member of the Judicial Retirement System of Texas Plan Two who |
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53 | 53 | | retires on or after the effective date of this Act. The years of |
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54 | 54 | | service creditable for retirement benefits of a member who retires |
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55 | 55 | | before the effective date of this Act is governed by the law in |
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56 | 56 | | effect on the effective date of the retirement, and that law is |
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57 | 57 | | continued in effect for that purpose. |
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58 | 58 | | SECTION 3. This Act takes effect September 1, 2009. |
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