Texas 2025 - 89th Regular

Texas House Bill HB4641 Compare Versions

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Old	New	Differences
1	1	89R4781 KFF-D
2	2	By: Bonnen H.B. No. 4641
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the resumption of service by certain judicial officers
10	10	under the Judicial Retirement System of Texas Plan Two.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 837.102(a), Government Code, is amended
13	13	to read as follows:
14	14	(a) A retiree who resumes service as a judicial officer
15	15	other than by assignment described in Section 837.101 may not
16	16	rejoin or receive credit in the retirement system for the resumed
17	17	service, except [unless an election is made] as provided by Section
18	18	837.103.
19	19	SECTION 2. Section 837.103, Government Code, is amended by
20	20	amending Subsections (b) and (c) and adding Subsections (b-1),
21	21	(b-2), (c-1), and (c-2) to read as follows:
22	22	(b) Notwithstanding Sections 837.001(c) and 837.002(2) and
23	23	subject to the requirements of this section [Subsection (d)], a
24	24	retiree who resumes full-time service as a judicial officer other
25	25	than by assignment described in Section 837.101 [described by
26	26	Section 837.102(a)] may elect to rejoin the retirement system as a
27	27	member [and receive service credit in the system for resuming
28	28	service as a judicial officer] if, before taking the oath of office,
29	29	the retiree has been separated from judicial service for at least
30	30	six full consecutive months.
31	31	(b-1) The retiree shall provide notice of an [the] election
32	32	to rejoin the retirement system under this section:
33	33	(1) not later than the 30th day after the date the
34	34	retiree takes the oath of office; and
35	35	(2) in the form and manner prescribed by the system.
36	36	(b-2) A person who rejoins the retirement system under this
37	37	section shall resume making member contributions at the rate
38	38	required under Section 840.102(a).
39	39	(c) For a person who rejoins the retirement system [makes an
40	40	election] under this section and completes at least 24 months of
41	41	resumed judicial service, on the person's subsequent retirement
42	42	from resumed service [the resumption of annuity payments that have
43	43	been suspended under Section 837.102], the retirement system shall
44	44	recompute the annuity selected at the time of the person's original
45	45	retirement to reflect:
46	46	(1) the highest state annual salary associated with
47	47	the classification of a court on which the person served during any
48	48	period of judicial service; and
49	49	(2) [to include] the [person's] additional service
50	50	credit established during the person's period of resumed service
51	51	[membership under this section].
52	52	(c-1) For a person who rejoins the retirement system under
53	53	this section but who does not complete at least 24 months of resumed
54	54	service, on the person's subsequent retirement from resumed
55	55	service, the retirement system shall:
56	56	(1) resume annuity payments suspended under Section
57	57	837.102; and
58	58	(2) issue the person a refund of the person's
59	59	accumulated member contributions made during the person's period of
60	60	resumed service.
61	61	(c-2) If, at the time of the person's original retirement, a
62	62	[the] person described by Subsection (c) or (c-1) selected an
63	63	optional retirement annuity payable under Section 839.103(a)(3) or
64	64	(4), the retirement system shall reduce the number of months of
65	65	payments by the number of months for which the annuity was paid
66	66	before the person resumed service.
67	67	SECTION 3. Section 837.103(e), Government Code, is
68	68	repealed.
69	69	SECTION 4. (a) Subject to Subsection (b) of this section
70	70	and except as provided by Subsection (c) of this section, the
71	71	changes in law made by this Act apply only to:
72	72	(1) a former retiree of the Judicial Retirement System
73	73	of Texas Plan Two who, on the effective date of this Act, holds a
74	74	judicial office included within the membership of the retirement
75	75	system; or
76	76	(2) a retiree who resumes service as a judicial
77	77	officer on or after the effective date of this Act.
78	78	(b) The board of trustees of the Employees Retirement System
79	79	of Texas shall adopt rules necessary to implement this Act,
80	80	including rules governing the application of Section 837.103,
81	81	Government Code, as amended by this Act, to persons described by
82	82	Subsection (a)(1) of this section, including rules:
83	83	(1) establishing a deadline by which those persons are
84	84	allowed to make an election to rejoin the Judicial Retirement
85	85	System of Texas Plan Two under Section 837.103, Government Code, as
86	86	amended by this Act; and
87	87	(2) requiring that persons who make an election in
88	88	accordance with Subdivision (1) of this subsection establish
89	89	service credit for judicial service performed before the effective
90	90	date of this Act, not later than September 1, 2027, by depositing
91	91	with the Judicial Retirement System of Texas Plan Two, for each
92	92	month of service credit, member contributions calculated by
93	93	multiplying the member contribution rate required under Section
94	94	840.102(a), Government Code, to the person's monthly judicial
95	95	salary on the effective date of this Act.
96	96	(c) Section 837.103(b-1)(1), Government Code, as added by
97	97	this Act, applies only to an election to rejoin the Judicial
98	98	Retirement System of Texas Plan Two under Section 837.103,
99	99	Government Code, made on or after the effective date of this Act.
100	100	SECTION 5. This Act takes effect immediately if it receives
101	101	a vote of two-thirds of all the members elected to each house, as
102	102	provided by Section 39, Article III, Texas Constitution. If this
103	103	Act does not receive the vote necessary for immediate effect, this
104	104	Act takes effect September 1, 2025.