retired judges who return can rejoin the pension plan

The text as introduced · 875 words

89R4781 KFF-D

By: Bonnen
H.B. No. 4641

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.