89R4781 KFF-D
By: Huffman S.B. No. 1738
A BILL TO BE ENTITLED
AN ACT
relating to the resumption of service by certain judicial officers
under the Judicial Retirement System of Texas Plan Two.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 837.102(a), Government Code, is amended
to read as follows:
(a) A retiree who resumes service as a judicial officer
other than by assignment described in Section 837.101 may not
rejoin or receive credit in the retirement system for the resumed
service, except [unless an election is made] as provided by Section
837.103.
SECTION 2. Section 837.103, Government Code, is amended by
amending Subsections (b) and (c) and adding Subsections (b-1),
(b-2), (c-1), and (c-2) to read as follows:
(b) Notwithstanding Sections 837.001(c) and 837.002(2) and
subject to the requirements of this section [Subsection (d)], a
retiree who resumes full-time service as a judicial officer other
than by assignment described in Section 837.101 [described by
Section 837.102(a)] may elect to rejoin the retirement system as a
member [and receive service credit in the system for resuming
service as a judicial officer] if, before taking the oath of office,
the retiree has been separated from judicial service for at least
six full consecutive months.
(b-1) The retiree shall provide notice of an [the] election
to rejoin the retirement system under this section:
(1) not later than the 30th day after the date the
retiree takes the oath of office; and
(2) in the form and manner prescribed by the system.
(b-2) A person who rejoins the retirement system under this
section shall resume making member contributions at the rate
required under Section 840.102(a).
(c) For a person who rejoins the retirement system [makes an
election] under this section and completes at least 24 months of
resumed judicial service, on the person's subsequent retirement
from resumed service [the resumption of annuity payments that have
been suspended under Section 837.102], the retirement system shall
recompute the annuity selected at the time of the person's original
retirement to reflect:
(1) the highest state annual salary associated with
the classification of a court on which the person served during any
period of judicial service; and
(2) [to include] the [person's] additional service
credit established during the person's period of resumed service
[membership under this section].
(c-1) For a person who rejoins the retirement system under
this section but who does not complete at least 24 months of resumed
service, on the person's subsequent retirement from resumed
service, the retirement system shall:
(1) resume annuity payments suspended under Section
837.102; and
(2) issue the person a refund of the person's
accumulated member contributions made during the person's period of
resumed service.
(c-2) If, at the time of the person's original retirement, a
[the] person described by Subsection (c) or (c-1) selected an
optional retirement annuity payable under Section 839.103(a)(3) or
(4), the retirement system shall reduce the number of months of
payments by the number of months for which the annuity was paid
before the person resumed service.
SECTION 3. Section 837.103(e), Government Code, is
repealed.
SECTION 4. (a) Subject to Subsection (b) of this section
and except as provided by Subsection (c) of this section, the
changes in law made by this Act apply only to:
(1) a former retiree of the Judicial Retirement System
of Texas Plan Two who, on the effective date of this Act, holds a
judicial office included within the membership of the retirement
system; or
(2) a retiree who resumes service as a judicial
officer on or after the effective date of this Act.
(b) The board of trustees of the Employees Retirement System
of Texas shall adopt rules necessary to implement this Act,
including rules governing the application of Section 837.103,
Government Code, as amended by this Act, to persons described by
Subsection (a)(1) of this section, including rules:
(1) establishing a deadline by which those persons are
allowed to make an election to rejoin the Judicial Retirement
System of Texas Plan Two under Section 837.103, Government Code, as
amended by this Act; and
(2) requiring that persons who make an election in
accordance with Subdivision (1) of this subsection establish
service credit for judicial service performed before the effective
date of this Act, not later than September 1, 2027, by depositing
with the Judicial Retirement System of Texas Plan Two, for each
month of service credit, member contributions calculated by
multiplying the member contribution rate required under Section
840.102(a), Government Code, to the person's monthly judicial
salary on the effective date of this Act.
(c) Section 837.103(b-1)(1), Government Code, as added by
this Act, applies only to an election to rejoin the Judicial
Retirement System of Texas Plan Two under Section 837.103,
Government Code, made on or after the effective date of this Act.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.