By: Leach, et al. H.B. No. 2384
(Senate Sponsor - Huffman, Zaffirini)
(In the Senate - Received from the House May 1, 2019;
May 3, 2019, read first time and referred to Committee on State
Affairs; May 19, 2019, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
May 19, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 2384 By: Huffman
A BILL TO BE ENTITLED
AN ACT
relating to judicial compensation and assignment, the
contributions to, benefits from, membership in, and administration
of the Judicial Retirement System of Texas Plan One and Plan Two,
and the compensation and retirement benefits of certain prosecutors
and other members of the elected class of the Employees Retirement
System of Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 201.105(a), Family Code, is amended to
read as follows:
(a) An associate judge appointed under this subchapter is
entitled to a salary in the amount equal to [be determined by a
majority vote of the presiding judges of the administrative
judicial regions. The salary may not exceed] 90 percent of the
state base salary paid to a district judge as set by the General
Appropriations Act in accordance with Section 659.012(a),
Government Code.
SECTION 2. Section 201.205(a), Family Code, is amended to
read as follows:
(a) An associate judge appointed under this subchapter is
entitled to a salary in the amount equal to [as determined by a
majority vote of the presiding judges of the administrative
judicial regions. The salary may not exceed] 90 percent of the
state base salary paid to a district judge as set by the [state]
General Appropriations Act in accordance with Section 659.012(a),
Government Code.
SECTION 3. Section 25.0005, Government Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (a-2) to
read as follows:
(a) A statutory county court judge, other than a statutory
county court judge who engages in the private practice of law, shall
be paid a total annual salary set by the commissioners court at an
amount that is not less than $1,000 less than the sum of the [total]
annual salary as set by the General Appropriations Act in
accordance with Section 659.012 paid to [received by] a district
judge with comparable years of service as the statutory county
court judge and any state or county [in the county. A district
judge's or statutory county court judge's total annual salary
includes] contributions and supplements paid to a district judge in
the county, [paid by the state or a county,] other than
contributions received as compensation under Section 74.051. A
statutory county court judge's total annual salary includes any
state or county contributions and supplements paid to the judge.
For purposes of this subsection, the years of service of a statutory
county court judge include any years of service as an appellate
court, district court, multicounty statutory county court, or
statutory probate court justice or judge.
(a-1) The minimum salary prescribed by Subsection (a) that
is to be based on the annual salary of a district judge under
Section 659.012(b) becomes effective on the first day of the
county's fiscal year following the date the statutory county court
judge accrues the years of service required for an increase in
salary under Subsection (a).
(a-2) Notwithstanding Subsection (a), the maximum annual
salary of a statutory county court judge is $1,000 less than the sum
of the maximum combined annual salary from all state and county
sources paid to a district judge entitled to a salary under Section
659.012(b)(2) and any longevity pay received by a district judge in
accordance with Section 659.0445(d).
SECTION 4. Section 25.0015, Government Code, is amended to
read as follows:
Sec. 25.0015. STATE CONTRIBUTION. [(a)] Beginning on the
first day of the state fiscal year, the state shall annually
compensate each county in an amount equal to 60 percent of the state
base salary paid to [of] a district [court] judge as set by the
General Appropriations Act in accordance with Section 659.012(a)
[in the county] for each statutory county court judge in the county
who:
(1) does not engage in the private practice of law; and
(2) presides over a court with at least the
jurisdiction provided by Section 25.0003.
SECTION 5. Section 25.0023, Government Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (a-2) to
read as follows:
(a) The commissioners court shall set the total annual
salary of each judge of a statutory probate court at an amount that
is at least equal to the sum of the [total] annual salary as set by
the General Appropriations Act in accordance with Section 659.012
paid to [received by] a district judge with comparable years of
service as the statutory probate court judge and any state or county
[in the county. A district judge's or statutory probate court
judge's total annual salary includes] contributions and
supplements paid to a district judge in the county [by the state or
a county], other than contributions received as compensation under
Section 74.051 [25.0022(e)]. A statutory probate court judge's
total annual salary includes any state or county contributions and
supplements paid to the judge, other than contributions paid under
Section 25.0022(e). For purposes of this subsection, the years of
service of a statutory probate court judge include any years of
service as an appellate court, district court, multicounty
statutory county court, or statutory county court justice or judge.
(a-1) The minimum salary prescribed by Subsection (a) that
is to be based on the annual salary of a district judge under
Section 659.012(b) becomes effective on the first day of the
county's fiscal year following the date the judge accrues the years
of service required for an increase in salary under Subsection (a).
(a-2) Notwithstanding Subsection (a), the maximum annual
salary of a statutory probate court judge is $1,000 less than the
sum of the maximum combined annual salary from all state and county
sources paid to a district judge entitled to a salary under Section
659.012(b)(2) and any longevity pay received by a district judge in
accordance with Section 659.0445(d).
SECTION 6. Section 25.2607(d), Government Code, is amended
to read as follows:
(d) Notwithstanding Section 25.0015, the state shall
annually compensate the administrative county of a multicounty
statutory county court for the salary of the judge of the
multicounty statutory county court in an amount equal to 100
percent of the state base salary paid to [of] a district [court]
judge as set by the General Appropriations Act in accordance with
Section 659.012(a) [in the county for the salary of the judge of the
multicounty statutory county court].
SECTION 7. Section 26.006(a), Government Code, is amended
to read as follows:
(a) A county judge is entitled to an annual salary
supplement from the state in an amount equal to 18 percent of the
state base salary paid to [annual compensation provided for] a
district judge as set by [in] the General Appropriations Act in
accordance with Section 659.012(a) if at least 40 percent of the
functions that the judge performs are judicial functions.
SECTION 8. Section 41.013, Government Code, is amended to
read as follows:
Sec. 41.013. COMPENSATION OF CERTAIN PROSECUTORS. Except
as otherwise provided by law, a district attorney or criminal
district attorney is entitled to receive from the state annual
compensation in an amount equal to at least 80 percent of the state
annual salary as set by [compensation provided for a district judge
in] the General Appropriations Act in accordance with Section
659.012 paid to a district judge with comparable years of service as
the district attorney or criminal district attorney.
SECTION 9. Section 46.001(2), Government Code, is amended
to read as follows:
(2) "Benchmark salary" means the state annual salary
as set by [that is provided for a district judge in] the General
Appropriations Act in accordance with Section 659.012 paid to a
district judge with comparable years of service as the county
prosecutor.
SECTION 10. Section 46.003, Government Code, is amended by
amending Subsection (a) and adding Subsections (c) and (d) to read
as follows:
(a) The state prosecuting attorney and each state
prosecutor is entitled to receive from the state a salary in an
amount [compensation] equal to the state annual salary as set by
[compensation that is provided for a district judge in] the General
Appropriations Act in accordance with Section 659.012 paid to a
district judge with comparable years of service as the state
prosecuting attorney or state prosecutor.
(c) Notwithstanding Subsection (a), if the amount of a state
prosecutor's total annual salary from state and county sources
exceeds the amount of the maximum combined base salary from all
state and county sources provided by Section 659.012 for a district
judge with comparable years of service as the state prosecutor, the
comptroller shall reduce the state prosecutor's state annual salary
by the amount equal to the excess amount, except that the
comptroller may not reduce the state prosecutor's state annual
salary to an amount that is less than the state base salary paid to a
district judge as set by the General Appropriations Act in
accordance with Section 659.012(a).
(d) The comptroller shall calculate the amount of the state
annual salary to be paid to a state prosecutor under this section
for a state fiscal year based on sworn statements the state
prosecutor files annually with the comptroller at the time and in
the manner the comptroller requires that specify the amount of
county compensation to be paid to the state prosecutor for that
year.
SECTION 11. Section 46.0031(d), Government Code, is amended
to read as follows:
(d) At least annually the comptroller shall pay to the
salary fund of each county that is entitled to receive funds under
this section an amount authorized under this section to supplement
the salary of the county prosecutor. For purposes of calculating
that amount, the comptroller shall use the benchmark salary
applicable to the county prosecutor on September 1 of the state
fiscal year in which the payment is made.
SECTION 12. Section 54.653(b), Government Code, is amended
to read as follows:
(b) The salary of a full-time magistrate may not exceed an
amount equal to 90 percent of the sum of:
(1) the state base salary paid to a district judge as
set by the General Appropriations Act in accordance with [by the
state under] Section 659.012(a) [659.012]; and
(2) the maximum amount of county contributions and
supplements allowed by law to be paid to a district judge under
Section 659.012.
SECTION 13. Sections 74.003(b), (c), and (e), Government
Code, are amended to read as follows:
(b) The chief justice of the supreme court may assign a
qualified former or retired justice or judge of the supreme court,
of the court of criminal appeals, or of a court of appeals to a court
of appeals for active service regardless of whether a vacancy
exists in the court to which the justice or judge is assigned. To be
eligible for assignment under this subsection, a former or retired
justice or judge must:
(1) have served as an active justice or judge for at
least 96 months in a district, statutory probate, statutory county,
or appellate court, with at least 48 of those months in an appellate
court;
(2) not have been removed from office;
(3) certify under oath to the chief justice of the
supreme court, on a form prescribed by the chief justice, that:
(A) the justice or judge has never been publicly
reprimanded or censured by the State Commission on Judicial
Conduct; and
(B) the justice or judge:
(i) did not resign or retire from office
after the State Commission on Judicial Conduct notified the justice
or judge of the commencement of a full investigation into an
allegation or appearance of misconduct or disability of the justice
or judge as provided in Section 33.022 and before the final
disposition of that investigation; or
(ii) if the justice or judge did resign from
office under circumstances described by Subparagraph (i), the
justice or judge was not publicly reprimanded or censured as a
result of the investigation;
(4) annually demonstrate that the justice or judge has
completed in the past state fiscal year the educational
requirements for active appellate court justices or judges; and
(5) certify to the chief justice of the supreme court a
willingness not to appear and plead as an attorney in any court in
this state for a period of two years.
(c) An active, former, or retired justice or judge assigned
as provided by this section out of the county of the justice's or
judge's [his] residence is entitled to receive the same expenses
and per diem as those allowed a district judge assigned as provided
by Subchapter C. The state shall pay the expenses and per diem on
certificates of approval by the chief justice of the supreme court
or the chief justice of the court of appeals to which the justice or
judge is assigned. The compensation authorized by this subsection
is in addition to all other compensation authorized by law.
(e) A retired justice or judge assigned as provided by this
section is entitled to receive, pro rata for the time serving on
assignment, from money appropriated from the general revenue fund
for that purpose, an amount equal to the compensation received from
state and county sources by a justice of the court of appeals to
which assigned. A former justice or judge assigned as provided by
this section is entitled to receive, pro rata for the time serving
on assignment, from money appropriated from the general revenue
fund for that purpose, an amount equal to the compensation from the
state received by a justice of the court of appeals to which
assigned, and from county sources, an amount equal to the
compensation received from county sources by a justice of the court
of appeals to which assigned. For purposes of determining the
amount to be paid to a former or retired justice or judge under this
subsection, the compensation received from the state by a justice
of the court of appeals to which the retired justice or judge is
assigned is the amount equal to the state base salary paid to a
justice of that court of appeals as set by the General
Appropriations Act in accordance with Section 659.012(a).
SECTION 14. Sections 74.051(b) and (c), Government Code,
are amended to read as follows:
(b) Except as provided by Subsection (c), a presiding judge
shall receive a salary in an amount not to exceed 30 percent of the
state base salary paid to a district judge as set by the General
Appropriations Act in accordance with Section 659.012(a) [$33,000 a
year]. The Texas Judicial Council shall set the salary biennially
and, in arriving at the amount of the salary, shall consider whether
the presiding judge is active in administrative duties, performs
part time, or is a retired judge. The salary set by the Texas
Judicial Council shall be apportioned to each county in the region
according to the population of the counties in [comprising] the
region and shall be paid through the county budget process.
(c) A presiding judge who is a retired or former district
judge or a retired appellate judge and who presides over an
administrative region with 30 or more district courts, statutory
county courts, and retired and former judges named on the list
maintained under Section 74.055 for the administrative region is
entitled to an annual salary for each fiscal year in an amount equal
to [as follows]:
Number of Courts and Judges Salary
30 to 49 30 percent of the state base
salary paid to a district
judge as set by the General
Appropriations Act in
accordance with Section
659.012(a) [$35,000]
50 to 69 35 percent of the state base
salary paid to a district
judge as set by the General
Appropriations Act in
accordance with Section
659.012(a) [$40,000]
70 to 89 40 percent of the state base
salary paid to a district
judge as set by the General
Appropriations Act in
accordance with Section
659.012(a) [$45,000]
90 or more 45 percent of the state base
salary paid to a district
judge as set by the General
Appropriations Act in
accordance with Section
659.012(a) [$50,000]
SECTION 15. Sections 74.061(b), (h), and (i), Government
Code, are amended to read as follows:
(b) While serving in a county outside the judge's [his]
judicial district or county, an assigned [a] judge is entitled to
receive, in addition to the assigned judge's [his] necessary
expenses, additional compensation from the county to which the
assigned judge [he] is assigned in an amount not to exceed the
difference between the compensation of the assigned judge from all
sources, exclusive of the per diem provided by Subsection (f), and
the compensation received from all sources by the judge of the court
to which the assigned judge [he] is assigned. If the judge of the
court to which the assigned judge is assigned is paid an annual
salary from the state in accordance with Section 659.012(b), the
amount by which that annual salary exceeds the amount of the state
base salary as set by the General Appropriations Act for the judge's
position in accordance with Section 659.012(a) is not included in
the compensation of the judge for purposes of determining the
compensation of the assigned judge under this subsection. The
county shall pay the compensation provided by this subsection on
approval of the presiding judge of the administrative region in
which the court to which the assigned judge is assigned is located.
(h) Notwithstanding Subsection (c), the salary from the
state of a retired judge or justice assigned to a district court is
determined pro rata based on the sum of the regular judge's salary
from the county plus the amount of the state base salary paid to a
district judge as set by the General Appropriations Act in
accordance with Section 659.012(a) [greater of:
[(1) the regular judge's salary from the state on
August 31, 2007; or
[(2) 100 percent of the regular judge's salary from the
state, as established by the General Appropriations Act for any
fiscal year].
(i) Notwithstanding Subsection (d), the salary from the
state of a former judge or justice assigned to a district court is
determined pro rata based on the amount of the state base salary
paid to a district judge as set by the General Appropriations Act in
accordance with Section 659.012(a) [greater of:
[(1) the regular judge's salary from the state on
August 31, 2007; or
[(2) 100 percent of the regular judge's salary from the
state, as established by the General Appropriations Act for any
fiscal year].
SECTION 16. Section 75.016(c), Government Code, is amended
to read as follows:
(c) The Commissioners Court of Travis County may set
additional compensation to be paid to the presiding criminal judge
by the county in any amount that does not exceed the amount the
local administrative district judge of Travis County receives from
this state. Notwithstanding any other law, compensation paid the
presiding criminal judge under this subsection is not included as
part of the judge's combined base salary from all state and county
sources for purposes of the salary limitations provided by Section
659.012.
SECTION 17. Section 659.012, Government Code, is amended to
read as follows:
Sec. 659.012. JUDICIAL SALARIES. (a) Notwithstanding
Section 659.011 and subject to Subsections (b) and (b-1):
(1) a judge of a district court is entitled to an
annual base salary from the state as set by the General
Appropriations Act in an amount equal to [of] at least $140,000
[$125,000], except that the combined base salary of a district
judge from all state and county sources, including compensation for
any extrajudicial services performed on behalf of the county, may
not exceed the amount that is $5,000 less than the maximum combined
base salary from all state and county sources [provided] for a
justice of a court of appeals other than a chief justice as
determined under this subsection;
(2) a justice of a court of appeals other than the
chief justice is entitled to an annual base salary from the state in
the amount [that is] equal to 110 percent of the state base salary
of a district judge as set by the General Appropriations Act, except
that the combined base salary of a justice of the court of appeals
other than the chief justice from all state and county sources,
including compensation for any extrajudicial services performed on
behalf of the county, may not exceed the amount that is $5,000 less
than the base salary [provided] for a justice of the supreme court
as determined under this subsection;
(3) a justice of the supreme court other than the chief
justice or a judge of the court of criminal appeals other than the
presiding judge is entitled to an annual base salary from the state
in the amount [that is] equal to 120 percent of the state base
salary of a district judge as set by the General Appropriations Act;
and
(4) the chief justice or presiding judge of an
appellate court is entitled to an annual base salary from the state
in the amount equal to [that is] $2,500 more than the state base
salary provided for the other justices or judges of the court,
except that the combined base salary of the chief justice of a court
of appeals from all state and county sources may not exceed the
amount equal to [that is] $2,500 less than the base salary
[provided] for a justice of the supreme court as determined under
this subsection.
(b) A judge or justice for whom the amount of a state base
salary is prescribed by Subsection (a) is entitled to an annual
salary from the state in the amount equal to:
(1) 110 percent of the state base salary paid in
accordance with Subsection (a) for the judge's or justice's
position, beginning with the pay period that begins after the judge
or justice accrues four years of:
(A) contributing service credit in the Judicial
Retirement System of Texas Plan One or the Judicial Retirement
System of Texas Plan Two;
(B) service as a judge of a statutory county
court, multicounty statutory county court, or statutory probate
court; or
(C) combined contributing service credit and
service as provided by Paragraphs (A) and (B); and
(2) 120 percent of the state base salary paid in
accordance with Subsection (a) for the judge's or justice's
position, beginning with the pay period that begins after the judge
or justice accrues eight years of:
(A) contributing service credit in the Judicial
Retirement System of Texas Plan One or the Judicial Retirement
System of Texas Plan Two;
(B) service as a judge of a statutory county
court, multicounty statutory county court, or statutory probate
court; or
(C) combined contributing service credit and
service as provided by Paragraphs (A) and (B).
(b-1) A limitation on the combined base salary from all
state and county sources prescribed by Subsection (a)(1) or (2)
applies to a judge or justice to whom Subsection (b) applies, except
that the amount by which the annual salary from the state paid to
the judge or justice in accordance with Subsection (b) exceeds the
amount of the state base salary for the judge's or justice's
position set by the General Appropriations Act in accordance with
Subsection (a) is not included as part of the judge's or justice's
combined base salary from all state and county sources for purposes
of determining whether the judge's or justice's salary exceeds the
limitation.
(c) To the extent of any conflict, the salary limitations
provided by Subsection (a) [this section] for the combined base
salary of a state judge or justice from state and local sources
prevail [prevails] over any provision of Chapter 31 or 32 that
authorizes the payment of additional compensation to a state judge
or justice.
(d) Notwithstanding any other provision in this section or
other law, in a county with more than five district courts, a
district judge who serves as a local administrative district judge
under Section 74.091 is entitled to an annual base salary from the
state in the amount equal to [that is] $5,000 more than the maximum
salary from the state to which the judge is otherwise entitled under
Subsection (a) or (b).
(e) For the purpose of salary payments by the state, the
comptroller shall determine from sworn statements filed by the
justices of the courts of appeals and district judges that the
required salary limitations provided by Subsection (a) [this
section] are maintained. If the state base [a] salary for a judge
or justice prescribed by Subsection (a) combined with additional
compensation from a county would exceed [be in excess of] the
limitations provided by Subsection (a) [this section], the
comptroller shall reduce the [state] salary payment made by the
state by the amount of the excess.
(f) For purposes of Subsection (b), "contributing service
credit" means service credit established in the:
(1) Judicial Retirement System of Texas Plan One under
Section 833.101 or 833.106 for each month of service in which the
member held a judicial office described by Section 832.001(a),
including service credit established under either section that was
previously canceled but reestablished under Section 833.102; or
(2) Judicial Retirement System of Texas Plan Two under
Section 838.101 or 838.106 for each month of service in which the
member held a judicial office described by Section 837.001(a),
including service credit established under either section that was
previously canceled but reestablished under Section 838.102.
SECTION 18. Section 659.0125, Government Code, is amended
by amending Subsection (c) and adding Subsection (d) to read as
follows:
(c) A retired judge appointed to an MDL pretrial court, as
defined by Section 90.001, Civil Practice and Remedies Code, is
entitled to receive the same compensation and benefits to which a
district judge is entitled from the state. For purposes of this
subsection, the compensation to which a district judge is entitled
from the state is the amount equal to the state base salary paid to a
district judge as set by the General Appropriations Act in
accordance with Section 659.012(a).
(d) A former or retired judge or justice assigned under
Chapter 74 or 75 to a matter referred to an MDL pretrial court, as
defined by Section 90.001, Civil Practice and Remedies Code, is
entitled to receive the same compensation and benefits to which a
former or retired judge or justice assigned under Chapter 74 is
entitled under Section 74.061.
SECTION 19. Section 659.0445(b), Government Code, is
amended to read as follows:
(b) The monthly amount of longevity pay under this section
to which a judge or justice described by Subsection (a) is entitled:
(1) is equal to the product of 0.05 [.031] multiplied
by the amount of the judge's or justice's current monthly state
salary; and
(2) becomes payable beginning with the month following
the month in which the judge or justice completes 12 [16] years of
service for which credit is established in the applicable
retirement system.
SECTION 20. Section 814.103, Government Code, is amended to
read as follows:
Sec. 814.103. SERVICE RETIREMENT BENEFITS FOR ELECTED CLASS
SERVICE. (a) Except as provided by Subsection (a-1) or (b), the
standard service retirement annuity for service credited in the
elected class of membership is an amount equal to the number of
years of service credit in that class, times 2.3 [two] percent of
the state base salary, excluding longevity pay payable under
Section 659.0445 and as adjusted from time to time, being paid to a
district judge as set by the General Appropriations Act in
accordance with Section 659.012(a).
(a-1) Except as provided by Subsection (b), the standard
service retirement annuity for service credited in the elected
class of membership for a member of the class under Section
812.002(a)(3) whose effective date of retirement is on or after
September 1, 2019, is an amount equal to the number of years of
service credit in that class, times 2.3 percent of the state salary,
excluding longevity pay payable under Section 659.0445 and as
adjusted from time to time, being paid in accordance with Section
659.012 to a district judge who has the same number of years of
contributing service credit as the member on the member's last day
of service as a district or criminal district attorney, as
applicable.
(b) The standard service retirement annuity for service
credited in the elected class may not exceed at any time 100 percent
of the state salary of [being paid] a district judge on which the
annuity is based under Subsection (a) or (a-1), as applicable.
(c) For purposes of this section, "contributing service
credit" with respect to:
(1) a member means service credit established in the
elected class under Section 813.201 or 813.402 for each month of
service in which the member held a position described by Section
812.002(a)(3), including service credit established under either
section that was previously canceled but reestablished under
Section 813.102; and
(2) a district judge has the meaning assigned by
Section 659.012(f).
SECTION 21. Section 815.204(c), Government Code, is amended
to read as follows:
(c) The medical board shall:
(1) review all medical examinations required by this
subtitle and Subtitle D;
(2) investigate essential statements and certificates
made by or on behalf of a member of the retirement system in
connection with an application for disability retirement; and
(3) report in writing to the executive director its
conclusions and recommendations on all matters referred to it.
SECTION 22. Section 834.001, Government Code, is amended to
read as follows:
Sec. 834.001. TYPES OF BENEFITS. The types of benefits
payable by the retirement system are:
(1) service retirement benefits; and
(2) [disability retirement benefits; and
[(3)] death benefits.
SECTION 23. Section 834.002, Government Code, is amended to
read as follows:
Sec. 834.002. APPLICATION FOR RETIREMENT. A member may
apply for service [or disability] retirement by filing an
application for retirement with the board of trustees before the
date the member wishes to retire.
SECTION 24. Sections 834.102(a) and (d), Government Code,
are amended to read as follows:
(a) The base service retirement annuity for a person whose
effective date of retirement is:
(1) before September 1, 2019, is an amount equal to 50
percent of the state base salary, as adjusted from time to time,
being paid in accordance with Section 659.012(a) to a judge of a
court of the same classification as the court on which the retiree
last served before retirement; or
(2) on or after September 1, 2019, is an amount equal
to 50 percent of the state salary, as adjusted from time to time,
being paid in accordance with Section 659.012(b)(2) to a judge of a
court of the same classification as the court on which the retiree
last served before retirement.
(d) The service retirement annuity of a person qualifying
for retirement under Section 834.101(b) whose effective date of
retirement is:
(1) before September 1, 2019, is an amount computed as
a percentage of the state base salary, as adjusted from time to
time, being paid in accordance with Section 659.012(a) to a judge of
a court of the same classification as the court on which the retiree
last served before retirement, according to the following schedule:
age at retirement percentage of state salary age at retirement percentage of state salary
age at retirement percentage of state salary
at least 60 but less than 61 40 percent at least 60 but less than 61 40 percent
at least 60 but less than 61 40 percent
at least 61 but less than 62 41.7 percent at least 61 but less than 62 41.7 percent
at least 61 but less than 62 41.7 percent
at least 62 but less than 63 43.6 percent at least 62 but less than 63 43.6 percent
at least 62 but less than 63 43.6 percent
at least 63 but less than 64 45.6 percent at least 63 but less than 64 45.6 percent
at least 63 but less than 64 45.6 percent
at least 64 but less than 65 47.7 percent; or at least 64 but less than 65 47.7 percent; or
at least 64 but less than 65 47.7 percent; or
(2) on or after September 1, 2019, is an amount
computed as a percentage of the state salary, as adjusted from time
to time, being paid in accordance with Section 659.012(b)(2) to a
judge of a court of the same classification as the court on which
the retiree last served before retirement, according to the
following schedule:
age at retirement percentage of state salary age at retirement percentage of state salary
age at retirement percentage of state salary
at least 60 but less than 61 40 percent at least 60 but less than 61 40 percent
at least 60 but less than 61 40 percent
at least 61 but less than 62 41.7 percent at least 61 but less than 62 41.7 percent
at least 61 but less than 62 41.7 percent
at least 62 but less than 63 43.6 percent at least 62 but less than 63 43.6 percent
at least 62 but less than 63 43.6 percent
at least 63 but less than 64 45.6 percent at least 63 but less than 64 45.6 percent
at least 63 but less than 64 45.6 percent
at least 64 but less than 65 47.7 percent at least 64 but less than 65 47.7 percent
at least 64 but less than 65 47.7 percent
SECTION 25. Section 834.304(c), Government Code, is amended
to read as follows:
(c) A death benefit may not be paid under this section if an
optional retirement annuity has been selected as provided by
Section 834.103 [or 834.203].
SECTION 26. Section 835.1015(b), Government Code, is
amended to read as follows:
(b) A member who elects to make contributions under
Subsection (a) shall contribute at the member contribution rate
required under Section 840.102(a) multiplied by [six percent of]
the member's state compensation for each payroll period in the
manner provided by Sections 835.101(a) and (b).
SECTION 27. Section 839.102(a), Government Code, as amended
by Chapters 1033 (H.B. 1114) and 1203 (H.B. 617), Acts of the 79th
Legislature, Regular Session, 2005, is reenacted and amended to
read as follows:
(a) Except as provided by Subsections (b), (c), (d), and
(f), the standard service retirement annuity is an amount equal to
50 percent of the state annual salary as set by the General
Appropriations Act in accordance with Section 659.012 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 held
judicial office who has the same number of years of contributing
service credit as the member on the member's last day of service on
the court [was elected or appointed].
SECTION 28. Section 839.102, Government Code, is amended by
amending Subsection (c) and adding Subsections (g) and (h) to read
as follows:
(c) The standard service retirement annuity of a person
qualifying for retirement under Section 839.101(b) is an amount
computed, according to the following schedule, as a percentage of
the state annual salary as set by the General Appropriations Act in
accordance with Section 659.012 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 held judicial office who has
the same number of years of contributing service credit as the
member on the member's last day of service on the court [was elected
or appointed, according to the following schedule]:
age at retirement percentage of state salary age at retirement percentage of state salary
age at retirement percentage of state salary
at least 60 but less than 61 40 percent at least 60 but less than 61 40 percent
at least 60 but less than 61 40 percent
at least 61 but less than 62 41.7 percent at least 61 but less than 62 41.7 percent
at least 61 but less than 62 41.7 percent
at least 62 but less than 63 43.6 percent at least 62 but less than 63 43.6 percent
at least 62 but less than 63 43.6 percent
at least 63 but less than 64 45.6 percent at least 63 but less than 64 45.6 percent
at least 63 but less than 64 45.6 percent
at least 64 but less than 65 47.7 percent. at least 64 but less than 65 47.7 percent.
at least 64 but less than 65 47.7 percent.
(g) The salary earned by a person as a visiting judge under
Chapter 74 may not be used to determine the person's service
retirement annuity under this section.
(h) For purposes of this section, "contributing service
credit" has the meaning assigned by Section 659.012(f).
SECTION 29. Sections 839.201(a) and (b), Government Code,
are amended to read as follows:
(a) A member, other than a member who is eligible to receive
a service retirement annuity under Section 839.101, 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 if the member is an active judge, as defined by
Section 74.041 [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].
SECTION 30. Section 839.202, Government Code, is amended to
read as follows:
Sec. 839.202. APPLICATION FOR DISABILITY RETIREMENT
ANNUITY [REPORTS]. (a) A member may apply for a disability
retirement annuity by:
(1) filing an application for retirement with the
board of trustees; or
(2) having an application filed with the board of
trustees by the member's spouse, employer, or legal representative
[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) An [The retirement system shall refer an] application
for a disability retirement annuity may not be made:
(1) after the earlier of:
(A) the date the retirement is to become
effective; or
(B) the second anniversary of the date the member
ceased making contributions to the retirement system; or
(2) earlier than the 90th day before the date the
retirement is to become effective [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) An applicant for a disability retirement annuity must
submit to a medical examination and provide other pertinent
information as may be required by the retirement system [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)].
SECTION 31. Subchapter C, Chapter 839, Government Code, is
amended by adding Section 839.2025 to read as follows:
Sec. 839.2025. DETERMINATION OF DISABILITY. (a) In
determining whether a member is mentally or physically
incapacitated for the further performance of regular judicial
duties, the medical board designated under Section 840.202 may
apply the standard prescribed by Section 814.203.
(b) A retiree who receives a disability retirement annuity
under this subchapter is subject to Section 814.208 to the same
extent as a disability retiree under that subchapter.
SECTION 32. Section 840.102(a), Government Code, is amended
to read as follows:
(a) Except as provided by Subsections (g) and (h), each
payroll period, a judicial officer who is a member of the retirement
system is required to contribute 9.5[:
[(1) 6.6] percent of the officer's state compensation
for service rendered after [August 31, 2013, and before] September
1, 2019 [2014;
[(2) 6.9 percent of the officer's state compensation
for service rendered after August 31, 2014, and before September 1,
2015;
[(3) 7.2 percent of the officer's state compensation
for service rendered after August 31, 2015, and before September 1,
2016;
[(4) 7.5 percent of the officer's state compensation
for service rendered after August 31, 2016; or
[(5) for service rendered on or after September 1,
2017, the lesser of:
[(A) 7.5 percent of the officer's state
compensation; or
[(B) a percentage of the officer's state
compensation equal to 7.5 percent reduced by one-tenth of one
percent for each one-tenth of one percent that the state
contribution rate for the fiscal year to which the service relates
is less than the state contribution rate established for the 2015
fiscal year].
SECTION 33. Section 1551.102(f), Insurance Code, is amended
to read as follows:
(f) An individual is eligible to participate in the group
benefits program if the individual is certified and qualified as
disabled and receives or is eligible to receive an annuity under
Section 814.202, 814.207, 824.302, only as to higher education,
[834.201,] or 839.201, Government Code.
SECTION 34. The following provisions of the Government Code
are repealed:
(1) Sections 25.2292(f) and (g);
(2) Section 834.003;
(3) Subchapter C, Chapter 834; and
(4) Section 840.202(c).
SECTION 35. Section 839.102, Government Code, as amended by
this Act, applies only to a member of the Judicial Retirement System
of Texas Plan Two who retires on or after the effective date of this
Act. A member who retires before the effective date of this Act is
governed by the law in effect immediately before that date, and the
former law is continued in effect for that purpose.
SECTION 36. Sections 839.201(b) and 839.202, Government
Code, as amended by this Act, and Section 839.2025, Government
Code, as added by this Act, apply only to an application for a
disability retirement annuity filed on or after the effective date
of this Act. An application filed before the effective date of this
Act is governed by the law in effect on the date the application was
filed, and that law is continued in effect for that purpose.
SECTION 37. The comptroller of public accounts is required
to implement a provision of this Act only if the legislature
appropriates money specifically for that purpose. If the
legislature does not appropriate money specifically for that
purpose, the comptroller may, but is not required to, implement a
provision of this Act using other appropriations available for that
purpose.
SECTION 38. This Act takes effect September 1, 2019.
* * * * *
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; or
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
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.