Texas 2019 - 86th Regular

Texas Senate Bill SB387 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R7361 YDB/KFF-F
2	2	By: Huffman S.B. No. 387
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to judicial compensation and the contributions to,
8	8	benefits from, membership in, and administration of the Judicial
9	9	Retirement System of Texas Plan One and Plan Two; making conforming
10	10	changes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 201.105(a), Family Code, is amended to
13	13	read as follows:
14	14	(a) An associate judge appointed under this subchapter is
15	15	entitled to a salary in the amount equal to [be determined by a
16	16	majority vote of the presiding judges of the administrative
17	17	judicial regions. The salary may not exceed] 90 percent of the
18	18	state base salary paid to a district judge as set by the General
19	19	Appropriations Act in accordance with Section 659.012(a),
20	20	Government Code.
21	21	SECTION 2. Section 201.205(a), Family Code, is amended to
22	22	read as follows:
23	23	(a) An associate judge appointed under this subchapter is
24	24	entitled to a salary in the amount equal to [as determined by a
25	25	majority vote of the presiding judges of the administrative
26	26	judicial regions. The salary may not exceed] 90 percent of the
27	27	state base salary paid to a district judge as set by the [state]
28	28	General Appropriations Act in accordance with Section 659.012(a),
29	29	Government Code.
30	30	SECTION 3. Section 25.0015(a), Government Code, is amended
31	31	to read as follows:
32	32	(a) Beginning on the first day of the state fiscal year, the
33	33	state shall annually compensate each county in an amount equal to 60
34	34	percent of the state base salary paid to [of] a district court judge
35	35	as set by [in] the General Appropriations Act in accordance with
36	36	Section 659.012(a) [county] for each statutory county court judge
37	37	in the county who:
38	38	(1) does not engage in the private practice of law; and
39	39	(2) presides over a court with at least the
40	40	jurisdiction provided by Section 25.0003.
41	41	SECTION 4. Section 26.006, Government Code, is amended to
42	42	read as follows:
43	43	Sec. 26.006. SALARY SUPPLEMENT FROM STATE FOR [CERTAIN]
44	44	COUNTY JUDGES. (a) A county judge is entitled to an annual salary
45	45	supplement from the state in an amount equal to 18 percent of the
46	46	state base salary paid to [annual compensation provided for] a
47	47	district judge as set by [in] the General Appropriations Act in
48	48	accordance with Section 659.012(a) [if at least 40 percent of the
49	49	functions that the judge performs are judicial functions].
50	50	(b) [To receive a supplement under Subsection (a), a county
51	51	judge must file with the comptroller's judiciary section an
52	52	affidavit stating that at least 40 percent of the functions that the
53	53	judge performs are judicial functions.
54	54	[(c)] The commissioners court of [in] a county [with a
55	55	county judge who is entitled to receive a salary supplement under
56	56	this section] may not reduce the county funds provided for the
57	57	salary or office of the county judge as a result of the salary
58	58	supplement required by this section.
59	59	SECTION 5. Section 41.013, Government Code, is amended to
60	60	read as follows:
61	61	Sec. 41.013. COMPENSATION OF CERTAIN PROSECUTORS. Except
62	62	as otherwise provided by law, a district attorney or criminal
63	63	district attorney is entitled to receive from the state annual
64	64	compensation in an amount equal to at least 80 percent of the state
65	65	base salary paid to [annual compensation provided for] a district
66	66	judge as set by [in] the General Appropriations Act in accordance
67	67	with Section 659.012(a).
68	68	SECTION 6. Section 46.001(2), Government Code, is amended
69	69	to read as follows:
70	70	(2) "Benchmark salary" means the state base salary
71	71	paid to [that is provided for] a district judge as set by [in] the
72	72	General Appropriations Act in accordance with Section 659.012(a).
73	73	SECTION 7. Section 46.003(a), Government Code, is amended
74	74	to read as follows:
75	75	(a) The state prosecuting attorney and each state
76	76	prosecutor is entitled to receive from the state a salary in an
77	77	amount [compensation] equal to the state base salary paid to
78	78	[compensation that is provided for] a district judge as set by [in]
79	79	the General Appropriations Act in accordance with Section
80	80	659.012(a).
81	81	SECTION 8. Section 54.653(b), Government Code, is amended
82	82	to read as follows:
83	83	(b) The salary of a full-time magistrate may not exceed an
84	84	amount equal to 90 percent of the sum of:
85	85	(1) the state base salary paid to a district judge as
86	86	set by the General Appropriations Act in accordance with [by the
87	87	state under] Section 659.012(a) [659.012]; and
88	88	(2) the maximum amount of county contributions and
89	89	supplements allowed by law to be paid to a district judge under
90	90	Section 659.012.
91	91	SECTION 9. Section 74.003(e), Government Code, is amended
92	92	to read as follows:
93	93	(e) A retired justice or judge assigned as provided by this
94	94	section is entitled to receive, pro rata for the time serving on
95	95	assignment, from money appropriated from the general revenue fund
96	96	for that purpose, an amount equal to the compensation received from
97	97	state and county sources by a justice of the court of appeals to
98	98	which assigned. For purposes of determining the amount to be paid to
99	99	a retired justice or judge under this subsection, the compensation
100	100	received from the state by a justice of the court of appeals to
101	101	which the retired justice or judge is assigned is the amount equal
102	102	to the state base salary paid to a justice of that court of appeals
103	103	as set in accordance with Section 659.012(a).
104	104	SECTION 10. Sections 74.051(b) and (c), Government Code,
105	105	are amended to read as follows:
106	106	(b) Except as provided by Subsection (c), a presiding judge
107	107	shall receive a salary in an amount not to exceed 30 percent of the
108	108	state base salary paid to a district judge as set by the General
109	109	Appropriations Act in accordance with Section 659.012(a) [$33,000 a
110	110	year]. The Texas Judicial Council shall set the salary biennially
111	111	and, in arriving at the amount of the salary, shall consider whether
112	112	the presiding judge is active in administrative duties, performs
113	113	part time, or is a retired judge. The salary set by the Texas
114	114	Judicial Council shall be apportioned to each county in the region
115	115	according to the population of the counties in [comprising] the
116	116	region and shall be paid through the county budget process.
117	117	(c) A presiding judge who is a retired or former district
118	118	judge or a retired appellate judge and who presides over an
119	119	administrative region with 30 or more district courts, statutory
120	120	county courts, and retired and former judges named on the list
121	121	maintained under Section 74.055 for the administrative region is
122	122	entitled to an annual salary for each fiscal year in an amount equal
123	123	to [as follows]:
124	124	Number of Courts and Judges Salary
125	125	30 to 49 30 percent of the state base
126	126	salary paid to a district
127	127	judge as set by the General
128	128	Appropriations Act in
129	129	accordance with Section
130	130	659.012(a) [$35,000]
131	131	50 to 69 35 percent of the state base
132	132	salary paid to a district
133	133	judge as set by the General
134	134	Appropriations Act in
135	135	accordance with Section
136	136	659.012(a) [$40,000]
137	137	70 to 89 40 percent of the state base
138	138	salary paid to a district
139	139	judge as set by the General
140	140	Appropriations Act in
141	141	accordance with Section
142	142	659.012(a) [$45,000]
143	143	90 or more 45 percent of the state base
144	144	salary paid to a district
145	145	judge as set by the General
146	146	Appropriations Act in
147	147	accordance with Section
148	148	659.012(a) [$50,000]
149	149	SECTION 11. Sections 74.061(b), (h), and (i), Government
150	150	Code, are amended to read as follows:
151	151	(b) While serving in a county outside the judge's [his]
152	152	judicial district or county, an assigned [a] judge is entitled to
153	153	receive, in addition to the assigned judge's [his] necessary
154	154	expenses, additional compensation from the county to which the
155	155	assigned judge [he] is assigned in an amount not to exceed the
156	156	difference between the compensation of the assigned judge from all
157	157	sources, exclusive of the per diem provided by Subsection (f), and
158	158	the compensation received from all sources by the judge of the court
159	159	to which the assigned judge [he] is assigned. If the judge of the
160	160	court to which the assigned judge is assigned is paid an annual
161	161	salary from the state in accordance with Section 659.012(b), the
162	162	amount by which that annual salary exceeds the amount of the state
163	163	base salary as set by the General Appropriations Act for the judge's
164	164	position in accordance with Section 659.012(a) is not included in
165	165	the compensation of the judge for purposes of determining the
166	166	compensation of the assigned judge under this subsection. The
167	167	county shall pay the compensation provided by this subsection on
168	168	approval of the presiding judge of the administrative region in
169	169	which the court to which the assigned judge is assigned is located.
170	170	(h) Notwithstanding Subsection (c), the salary from the
171	171	state of a retired judge or justice assigned to a district court is
172	172	determined pro rata based on the amount of the state base salary
173	173	paid to a district judge as set by the General Appropriations Act in
174	174	accordance with Section 659.012(a) [sum of the regular judge's
175	175	salary from the county plus the greater of:
176	176	[(1) the regular judge's salary from the state on
177	177	August 31, 2007; or
178	178	[(2) 100 percent of the regular judge's salary from the
179	179	state, as established by the General Appropriations Act for any
180	180	fiscal year].
181	181	(i) Notwithstanding Subsection (d):
182	182	(1) [,] the salary from the state of a former judge or
183	183	justice assigned to a [district] court of appeals is determined pro
184	184	rata based on the amount of the state base salary paid to a justice
185	185	of a court of appeals as set in accordance with Section 659.012(a);
186	186	and
187	187	(2) the salary from the state of a former judge or
188	188	justice assigned to a district court is determined pro rata based on
189	189	the amount of the state base salary paid to a district judge as set
190	190	by the General Appropriations Act in accordance with Section
191	191	659.012(a) [greater of:
192	192	[(1) the regular judge's salary from the state on
193	193	August 31, 2007; or
194	194	[(2) 100 percent of the regular judge's salary from the
195	195	state, as established by the General Appropriations Act for any
196	196	fiscal year].
197	197	SECTION 12. Section 75.016(c), Government Code, is amended
198	198	to read as follows:
199	199	(c) The Commissioners Court of Travis County may set
200	200	additional compensation to be paid to the presiding criminal judge
201	201	by the county in any amount that does not exceed the amount the
202	202	local administrative district judge of Travis County receives from
203	203	this state. Notwithstanding any other law, compensation paid the
204	204	presiding criminal judge under this subsection is not included as
205	205	part of the judge's combined base salary from all state and county
206	206	sources for purposes of the salary limitations provided by Section
207	207	659.012.
208	208	SECTION 13. Section 659.012, Government Code, is amended to
209	209	read as follows:
210	210	Sec. 659.012. JUDICIAL SALARIES. (a) Notwithstanding
211	211	Section 659.011 and subject to Subsections (b) and (b-1):
212	212	(1) a judge of a district court is entitled to an
213	213	annual base salary from the state as set by the General
214	214	Appropriations Act in an amount equal to [of] at least $140,000
215	215	[$125,000], except that the combined base salary of a district
216	216	judge from all state and county sources, including compensation for
217	217	any extrajudicial services performed on behalf of the county, may
218	218	not exceed the amount that is $5,000 less than the maximum combined
219	219	base salary from all state and county sources [provided] for a
220	220	justice of a court of appeals other than a chief justice as
221	221	determined under this subsection;
222	222	(2) a justice of a court of appeals other than the
223	223	chief justice is entitled to an annual base salary from the state in
224	224	the amount [that is] equal to 110 percent of the state base salary
225	225	of a district judge as set by the General Appropriations Act, except
226	226	that the combined base salary of a justice of the court of appeals
227	227	other than the chief justice from all state and county sources,
228	228	including compensation for any extrajudicial services performed on
229	229	behalf of the county, may not exceed the amount that is $5,000 less
230	230	than the base salary [provided] for a justice of the supreme court
231	231	as determined under this subsection;
232	232	(3) a justice of the supreme court other than the chief
233	233	justice or a judge of the court of criminal appeals other than the
234	234	presiding judge is entitled to an annual base salary from the state
235	235	in the amount [that is] equal to 120 percent of the state base
236	236	salary of a district judge as set by the General Appropriations Act;
237	237	and
238	238	(4) the chief justice or presiding judge of an
239	239	appellate court is entitled to an annual base salary from the state
240	240	in the amount equal to [that is] $2,500 more than the state base
241	241	salary provided for the other justices or judges of the court,
242	242	except that the combined base salary of the chief justice of a court
243	243	of appeals from all state and county sources may not exceed the
244	244	amount equal to [that is] $2,500 less than the base salary
245	245	[provided] for a justice of the supreme court as determined under
246	246	this subsection.
247	247	(b) A judge or justice for whom the amount of a state base
248	248	salary is prescribed by Subsection (a) is entitled to an annual
249	249	salary from the state in the amount equal to:
250	250	(1) 110 percent of the state base salary paid in
251	251	accordance with Subsection (a) for the judge's or justice's
252	252	position, beginning with the pay period that begins after the judge
253	253	or justice accrues four years of service credit in the Judicial
254	254	Retirement System of Texas Plan One or the Judicial Retirement
255	255	System of Texas Plan Two;
256	256	(2) 120 percent of the state base salary paid in
257	257	accordance with Subsection (a) for the judge's or justice's
258	258	position, beginning with the pay period that begins after the judge
259	259	or justice accrues eight years of service credit in the Judicial
260	260	Retirement System of Texas Plan One or the Judicial Retirement
261	261	System of Texas Plan Two; and
262	262	(3) 130 percent of the state base salary paid in
263	263	accordance with Subsection (a) for the judge's or justice's
264	264	position, beginning with the pay period that begins after the judge
265	265	or justice accrues 12 years of service credit in the Judicial
266	266	Retirement System of Texas Plan One or the Judicial Retirement
267	267	System of Texas Plan Two.
268	268	(b-1) A limitation on the combined base salary from all
269	269	state and county sources prescribed by Subsection (a)(1) or (2)
270	270	applies to a judge or justice to whom Subsection (b) applies, except
271	271	that the amount by which the annual salary from the state paid to
272	272	the judge or justice in accordance with Subsection (b) exceeds the
273	273	amount of the state base salary for the judge's or justice's
274	274	position set by the General Appropriations Act in accordance with
275	275	Subsection (a) is not included as part of the judge's or justice's
276	276	combined base salary from all state and county sources for purposes
277	277	of determining whether the judge's or justice's salary exceeds the
278	278	limitation.
279	279	(c) To the extent of any conflict, the salary limitations
280	280	provided by Subsection (a) [this section] for the combined base
281	281	salary of a state judge or justice from state and local sources
282	282	prevail [prevails] over any provision of Chapter 31 or 32 that
283	283	authorizes the payment of additional compensation to a state judge
284	284	or justice.
285	285	(d) Notwithstanding any other provision in this section or
286	286	other law, in a county with more than five district courts, a
287	287	district judge who serves as a local administrative district judge
288	288	under Section 74.091 is entitled to an annual base salary from the
289	289	state in the amount equal to [that is] $5,000 more than the maximum
290	290	salary from the state to which the judge is otherwise entitled under
291	291	Subsection (a) or (b).
292	292	(e) For the purpose of salary payments by the state, the
293	293	comptroller shall determine from sworn statements filed by the
294	294	justices of the courts of appeals and district judges that the
295	295	required salary limitations provided by Subsection (a) [this
296	296	section] are maintained. If the state base [a] salary for a judge
297	297	or justice prescribed by Subsection (a) combined with additional
298	298	compensation from a county would exceed [be in excess of] the
299	299	limitations provided by Subsection (a) [this section], the
300	300	comptroller shall reduce the [state] salary payment made by the
301	301	state by the amount of the excess.
302	302	SECTION 14. Section 814.103, Government Code, is amended to
303	303	read as follows:
304	304	Sec. 814.103. SERVICE RETIREMENT BENEFITS FOR ELECTED CLASS
305	305	SERVICE. (a) Except as provided by Subsection (b), the standard
306	306	service retirement annuity for service credited in the elected
307	307	class of membership is an amount equal to the number of years of
308	308	service credit in that class, times two percent of the state base
309	309	salary, excluding longevity pay payable under Section 659.0445 and
310	310	as adjusted from time to time, being paid to a district judge as set
311	311	by the General Appropriations Act in accordance with Section
312	312	659.012(a).
313	313	(b) The standard service retirement annuity for service
314	314	credited in the elected class may not exceed at any time 100 percent
315	315	of the state base salary being paid to a district judge as set by the
316	316	General Appropriations Act in accordance with Section 659.012(a).
317	317	SECTION 15. Section 815.204(c), Government Code, is amended
318	318	to read as follows:
319	319	(c) The medical board shall:
320	320	(1) review all medical examinations required by this
321	321	subtitle and Subtitle D;
322	322	(2) investigate essential statements and certificates
323	323	made by or on behalf of a member of the retirement system in
324	324	connection with an application for disability retirement; and
325	325	(3) report in writing to the executive director its
326	326	conclusions and recommendations on all matters referred to it.
327	327	SECTION 16. Sections 834.102(a) and (d), Government Code,
328	328	are amended to read as follows:
329	329	(a) The base service retirement annuity is an amount equal
330	330	to 50 percent of the state salary, as adjusted from time to time,
331	331	being paid in accordance with Section 659.012(b)(3) to a judge of a
332	332	court of the same classification as the court on which the retiree
333	333	last served before retirement.
334	334	(d) The service retirement annuity of a person qualifying
335	335	for retirement under Section 834.101(b) is an amount computed as a
336	336	percentage of the state salary, as adjusted from time to time, being
337	337	paid in accordance with Section 659.012(b)(3) to a judge of a court
338	338	of the same classification as the court on which the retiree last
339	339	served before retirement, according to the following schedule:
340	340	percentage percentage
341	341	percentage
342	342	age at retirement of state salary age at retirement of state salary
343	343	age at retirement of state salary
344	344	at least 60 but less than 61 40 percent at least 60 but less than 61 40 percent
345	345	at least 60 but less than 61 40 percent
346	346	at least 61 but less than 62 41.7 percent at least 61 but less than 62 41.7 percent
347	347	at least 61 but less than 62 41.7 percent
348	348	at least 62 but less than 63 43.6 percent at least 62 but less than 63 43.6 percent
349	349	at least 62 but less than 63 43.6 percent
350	350	at least 63 but less than 64 45.6 percent at least 63 but less than 64 45.6 percent
351	351	at least 63 but less than 64 45.6 percent
352	352	at least 64 but less than 65 47.7 percent at least 64 but less than 65 47.7 percent
353	353	at least 64 but less than 65 47.7 percent
354	354	SECTION 17. Section 834.201(b), Government Code, is amended
355	355	to read as follows:
356	356	(b) A member otherwise eligible may not receive a disability
357	357	retirement annuity unless the medical board designated under
358	358	Section 815.204 finds [chief justice of the supreme court
359	359	certifies] that the member is mentally or physically incapacitated
360	360	for the further performance of regular judicial duties and submits
361	361	a certification of disability to the executive director appointed
362	362	under Section 815.202.
363	363	SECTION 18. Section 834.202, Government Code, is amended to
364	364	read as follows:
365	365	Sec. 834.202. APPLICATION FOR DISABILITY; INFORMATION
366	366	ABOUT PHYSICAL INCAPACITY. (a) A member may apply for a disability
367	367	retirement annuity by:
368	368	(1) filing an application for retirement with the
369	369	board of trustees; or
370	370	(2) having an application filed with the board by the
371	371	member's spouse, employer, or legal representative.
372	372	(b) A member who applies for retirement because of physical
373	373	incapacity shall file with the board of trustees [supreme court]
374	374	written reports by two physicians licensed to practice medicine in
375	375	this state, fully reporting the claimed physical incapacity.
376	376	[(b) The chief justice of the supreme court may appoint a
377	377	physician licensed in this state to make any additional medical
378	378	investigation the court finds necessary.]
379	379	SECTION 19. Subchapter C, Chapter 834, Government Code, is
380	380	amended by adding Section 834.2025 to read as follows:
381	381	Sec. 834.2025. DETERMINATION OF DISABILITY. In determining
382	382	whether a member is mentally or physically incapacitated for the
383	383	further performance of regular judicial duties, the medical board
384	384	designated under Section 815.204 may apply the standard prescribed
385	385	by Section 814.203.
386	386	SECTION 20. Section 835.1015(b), Government Code, is
387	387	amended to read as follows:
388	388	(b) A member who elects to make contributions under
389	389	Subsection (a) shall contribute at the member contribution rate
390	390	required under Section 840.102(a) multiplied by [six percent of]
391	391	the member's state compensation for each payroll period in the
392	392	manner provided by Sections 835.101(a) and (b).
393	393	SECTION 21. Subchapter A, Chapter 837, Government Code, is
394	394	amended by adding Section 837.004 to read as follows:
395	395	Sec. 837.004. RESUMPTION OF MEMBERSHIP AFTER TERMINATION.
396	396	(a) A retiree described by Section 837.102(a) may elect to rejoin
397	397	the retirement system as a member and receive service credit in the
398	398	retirement system for service performed as a judicial officer after
399	399	the retiree's effective date of retirement if, before taking the
400	400	oath of office, the retiree has been separated from judicial
401	401	service for at least 12 full consecutive months. The retiree must
402	402	provide notice of the election to the board of trustees in a manner
403	403	and form prescribed by rules adopted by the board of trustees.
404	404	(b) Notwithstanding Section 840.106, if a member whose
405	405	membership in the retirement system was made by an election under
406	406	Subsection (a) again retires:
407	407	(1) the member, at the time of the member's subsequent
408	408	retirement, may select a service retirement annuity as if the
409	409	retiree were retiring for the first time; and
410	410	(2) the retirement system shall recompute the annuity
411	411	to include additional service credit established by the member
412	412	under this section.
413	413	(c) If a member under Subsection (b)(1) selects an optional
414	414	service retirement annuity payable under Section 839.103(a)(3) or
415	415	(4), the retirement system shall reduce the number of months of
416	416	payments by the number of months for which the annuity was paid
417	417	before the member resumed service.
418	418	(d) The board of trustees shall adopt rules necessary to
419	419	implement this section.
420	420	SECTION 22. Section 837.102(a), Government Code, is amended
421	421	to read as follows:
422	422	(a) Except as provided by Section 837.004, a [A] retiree who
423	423	resumes service as a judicial officer other than by appointment or
424	424	assignment described in Section 837.101 may not rejoin or receive
425	425	credit in the retirement system for the resumed service.
426	426	SECTION 23. Section 839.102(a), Government Code, as amended
427	427	by Chapters 1033 (H.B. 1114) and 1203 (H.B. 617), Acts of the 79th
428	428	Legislature, Regular Session, 2005, is reenacted and amended to
429	429	read as follows:
430	430	(a) Except as provided by Subsections (b), (c), (d), and
431	431	(f), the standard service retirement annuity is an amount equal to
432	432	50 percent of the state salary being paid in accordance with Section
433	433	659.012(b)(3) at the time the member retires to a judge of a court
434	434	of the same classification as the last court to which the retiring
435	435	member was elected or appointed.
436	436	SECTION 24. Section 839.102(c), Government Code, is amended
437	437	to read as follows:
438	438	(c) The standard service retirement annuity of a person
439	439	qualifying for retirement under Section 839.101(b) is an amount
440	440	computed as a percentage of the state salary being paid in
441	441	accordance with Section 659.012(b)(3) at the time the member
442	442	retires to a judge of a court of the same classification as the last
443	443	court to which the retiring member was elected or appointed,
444	444	according to the following schedule:
445	445	age at retirement percentage of state salary age at retirement percentage of state salary
446	446	age at retirement percentage of state salary
447	447	at least 60 but less than 61 40 percent at least 60 but less than 61 40 percent
448	448	at least 60 but less than 61 40 percent
449	449	at least 61 but less than 62 41.7 percent at least 61 but less than 62 41.7 percent
450	450	at least 61 but less than 62 41.7 percent
451	451	at least 62 but less than 63 43.6 percent at least 62 but less than 63 43.6 percent
452	452	at least 62 but less than 63 43.6 percent
453	453	at least 63 but less than 64 45.6 percent at least 63 but less than 64 45.6 percent
454	454	at least 63 but less than 64 45.6 percent
455	455	at least 64 but less than 65 47.7 percent. at least 64 but less than 65 47.7 percent.
456	456	at least 64 but less than 65 47.7 percent.
457	457	SECTION 25. Section 839.201(b), Government Code, is amended
458	458	to read as follows:
459	459	(b) A member otherwise eligible may not receive a disability
460	460	retirement annuity unless the [chief justice of the supreme court
461	461	and the] medical board finds [certify] that the member is mentally
462	462	or physically incapacitated for the further performance of regular
463	463	judicial duties and submits a certification of disability to the
464	464	executive director.
465	465	SECTION 26. Section 839.202, Government Code, is amended to
466	466	read as follows:
467	467	Sec. 839.202. APPLICATION FOR DISABILITY; DISABILITY
468	468	REPORTS. (a) A member may apply for a disability retirement
469	469	annuity by:
470	470	(1) filing an application for retirement with the
471	471	board of trustees; or
472	472	(2) having an application filed with the board by the
473	473	member's spouse, employer, or legal representative.
474	474	(a-1) A member who applies for retirement because of
475	475	physical incapacity shall file with the board of trustees
476	476	[retirement system and the chief justice of the supreme court]
477	477	written reports by two physicians licensed to practice medicine in
478	478	this state, fully reporting the claimed physical incapacity.
479	479	(b) The board of trustees [retirement system] shall refer an
480	480	application for disability retirement to the medical board for its
481	481	recommendations. The medical board may require an applicant to
482	482	submit any additional information it considers necessary to enable
483	483	it to make its recommendations.
484	484	[(c) The chief justice of the supreme court may direct the
485	485	retirement system to employ a physician under Section 840.203 or
486	486	may direct the medical board to require additional information
487	487	under Subsection (b).]
488	488	SECTION 27. Subchapter C, Chapter 839, Government Code, is
489	489	amended by adding Section 839.2025 to read as follows:
490	490	Sec. 839.2025. DETERMINATION OF DISABILITY. In determining
491	491	whether a member is mentally or physically incapacitated for the
492	492	further performance of regular judicial duties, the medical board
493	493	may apply the standard prescribed by Section 814.203.
494	494	SECTION 28. Section 840.102(a), Government Code, is amended
495	495	to read as follows:
496	496	(a) Except as provided by Subsections (g) and (h), each
497	497	payroll period, a judicial officer who is a member of the retirement
498	498	system is required to contribute 9.5[:
499	499	[(1) 6.6] percent of the officer's state compensation
500	500	for service rendered after [August 31, 2013, and before] September
501	501	1, 2019 [2014;
502	502	[(2) 6.9 percent of the officer's state compensation
503	503	for service rendered after August 31, 2014, and before September 1,
504	504	2015;
505	505	[(3) 7.2 percent of the officer's state compensation
506	506	for service rendered after August 31, 2015, and before September 1,
507	507	2016;
508	508	[(4) 7.5 percent of the officer's state compensation
509	509	for service rendered after August 31, 2016; or
510	510	[(5) for service rendered on or after September 1,
511	511	2017, the lesser of:
512	512	[(A) 7.5 percent of the officer's state
513	513	compensation; or
514	514	[(B) a percentage of the officer's state
515	515	compensation equal to 7.5 percent reduced by one-tenth of one
516	516	percent for each one-tenth of one percent that the state
517	517	contribution rate for the fiscal year to which the service relates
518	518	is less than the state contribution rate established for the 2015
519	519	fiscal year].
520	520	SECTION 29. Sections 840.202(c) and 840.203, Government
521	521	Code, are repealed.
522	522	SECTION 30. Sections 834.201(b) and 834.202, Government
523	523	Code, as amended by this Act, and Section 834.2025, Government
524	524	Code, as added by this Act, apply only to an application for
525	525	disability retirement filed on or after the effective date of this
526	526	Act. An application filed before the effective date of this Act is
527	527	governed by the law in effect on the date the application was filed,
528	528	and that law is continued in effect for that purpose.
529	529	SECTION 31. Section 837.004, Government Code, as added by
530	530	this Act, applies to a retiree of the Judicial Retirement System of
531	531	Texas Plan Two regardless of whether the person retired from
532	532	judicial service before, on, or after the effective date of this
533	533	Act.
534	534	SECTION 32. Section 839.102, Government Code, as amended by
535	535	this Act, applies only to a member of the Judicial Retirement System
536	536	of Texas Plan Two who retires on or after the effective date of this
537	537	Act. A member who retires before the effective date of this Act is
538	538	governed by the law in effect immediately before that date, and the
539	539	former law is continued in effect for that purpose.
540	540	SECTION 33. Sections 839.201(b) and 839.202, Government
541	541	Code, as amended by this Act, and Section 839.2025, Government
542	542	Code, as added by this Act, apply only to an application for
543	543	disability retirement filed on or after the effective date of this
544	544	Act. An application filed before the effective date of this Act is
545	545	governed by the law in effect on the date the application was filed,
546	546	and that law is continued in effect for that purpose.
547	547	SECTION 34. This Act takes effect September 1, 2019.
548	548
549	549	percentage
550	550
551	551	age at retirement of state salary
552	552
553	553	at least 60 but less than 61 40 percent
554	554
555	555	at least 61 but less than 62 41.7 percent
556	556
557	557	at least 62 but less than 63 43.6 percent
558	558
559	559	at least 63 but less than 64 45.6 percent
560	560
561	561	at least 64 but less than 65 47.7 percent
562	562
563	563	age at retirement percentage of state salary
564	564
565	565	at least 60 but less than 61 40 percent
566	566
567	567	at least 61 but less than 62 41.7 percent
568	568
569	569	at least 62 but less than 63 43.6 percent
570	570
571	571	at least 63 but less than 64 45.6 percent
572	572
573	573	at least 64 but less than 65 47.7 percent.