GOVERNMENT CODE

TITLE 8. PUBLIC RETIREMENT SYSTEMS

SUBTITLE E. JUDICIAL RETIREMENT SYSTEM OF TEXAS PLAN TWO

CHAPTER 837. MEMBERSHIP

SUBCHAPTER A. MEMBERSHIP

Sec. 837.001.  ELIGIBILITY FOR MEMBERSHIP.  (a)  Membership in the retirement system is limited to persons who have never been eligible for membership in the Judicial Retirement System of Texas or the Judicial Retirement System of Texas Plan One and who at any time on or after the effective date of this Act are judges, justices, or commissioners of:
(1)  the supreme court;
(2)  the court of criminal appeals;
(3)  a court of appeals;
(4)  the business court;
(5)  a district court; or
(6)  a commission to a court specified in this subsection.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 15.03(6), eff. September 1, 2019.
(c)  Membership in the retirement system is mandatory for eligible persons.
(d)  Membership in the retirement system begins on the first day an eligible person holds a judicial office specified in Subsection (a).
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 72.001 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 15.03(6), eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 380 (H.B. 19), Sec. 3, eff. September 1, 2023.

Sec. 837.002.  TERMINATION OF MEMBERSHIP.  A person's membership in the retirement system is terminated by:
(1)  death of the person;
(2)  retirement based on service credited in the retirement system; or
(3)  withdrawal of all of the person's accumulated contributions.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 72.002 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by: 
Acts 2013, 83rd Leg., R.S., Ch. 618 (S.B. 1459), Sec. 17, eff. September 1, 2013.

Sec. 837.003.  WITHDRAWAL OF CONTRIBUTIONS.  (a)  If a member resigns a judicial office or otherwise ceases to be a judicial officer, the member may withdraw all of the member's accumulated contributions in the retirement system.
(b)  A withdrawal of contributions cancels the person's service credit in the retirement system and terminates the person's rights to benefits based on the credit.
(c)  A member initiates a withdrawal of contributions by filing an application for a refund with the retirement system.
(d)  Deposits representing interest or membership fees that are required of a member to establish service credit under Section 838.102 or 838.103 are not refundable.
(e)  At the time a service retirement, disability retirement, or death benefit annuity becomes payable, the retirement system shall refund any contributions, interest, or membership fees used to establish service credit that is not used in computing the amount of the annuity.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 72.003 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 1308 (H.B. 2559), Sec. 26, eff. September 1, 2009.

SUBCHAPTER B. RESUMPTION OF JUDICIAL SERVICE BY RETIREE

Sec. 837.101.  JUDICIAL ASSIGNMENT.  A retiree who makes an election under Subchapter C of Chapter 74 may not rejoin or receive credit in the retirement system for the period of an appointment or for any service performed under assignment.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 72.101 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 4.03, eff. September 1, 2019.

Sec. 837.102.  RESUMPTION OF FULL-TIME JUDICIAL SERVICE.  (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 as provided by Section 837.103.
(b)  The retirement system shall suspend annuity payments to a retiree who resumes service described by this section.  A suspension of payments begins on the date a retiree takes the oath of office and ends on a date when:
(1)  the retiree no longer holds the office;  and
(2)  the retiree, or the retiree's beneficiary if the retiree has died, has applied to the retirement system for resumption of payments.
(c)  Time during which annuity payments are suspended as provided by this section does not reduce the number of months payments are to be made under an optional benefit plan providing for a specific amount of benefits for a guaranteed number of months after retirement.
(d)  Before a retiree takes the oath of office for a position as a judicial officer other than under appointment or assignment described by Section 837.101, the retiree shall notify the retirement system in writing of the resumption of office and the projected dates of service.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 72.102 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by: 
Acts 2023, 88th Leg., R.S., Ch. 1092 (S.B. 1245), Sec. 4, eff. June 18, 2023.
Acts 2025, 89th Leg., R.S., Ch. 34 (S.B. 1738), Sec. 1, eff. September 1, 2025.
Acts 2025, 89th Leg., R.S., Ch. 1130 (S.B. 293), Sec. 22, eff. September 1, 2025.

Sec. 837.103.  RESUMPTION OF FULL-TIME JUDICIAL SERVICE BY CERTAIN RETIREES; OPTIONAL ELECTION TO REJOIN SYSTEM.  (a)  This section does not apply to a retiree receiving a cash balance annuity under Chapter 840A.
(b)  Notwithstanding Sections 837.001(c) and 837.002(2) and subject to the requirements of this section, a retiree who resumes full-time service as a judicial officer other than by assignment described in Section 837.101 may elect to rejoin the retirement system as a member 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 election to rejoin the retirement system under this section:
(1)  not later than the 60th 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 of 9.5 percent of the person's state compensation.
(c)  For a person who rejoins the retirement system under this section and completes at least 24 months of resumed judicial service, on the person's subsequent retirement from resumed service, the retirement system shall recompute the annuity selected at the time of the person's original retirement to reflect:
(1)  the highest annual state salary earned by the person while holding a judicial office included within the membership of the retirement system; and
(2)  the additional service credit established during the person's period of resumed service.
(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 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.
(d)  A person may make an election under this section only once.
(e)  Repealed by Acts 2025, 89th Leg., R.S., Ch. 34 (S.B. 1738), Sec. 5, and Ch. 1130 (S.B. 293), Sec. 26.
Added by Acts 2023, 88th Leg., R.S., Ch. 1092 (S.B. 1245), Sec. 5, eff. June 18, 2023.
Amended by: 
Acts 2025, 89th Leg., R.S., Ch. 34 (S.B. 1738), Sec. 2, eff. September 1, 2025.
Acts 2025, 89th Leg., R.S., Ch. 34 (S.B. 1738), Sec. 5, eff. May 15, 2025.
Acts 2025, 89th Leg., R.S., Ch. 1130 (S.B. 293), Sec. 23, eff. September 1, 2025.
Acts 2025, 89th Leg., R.S., Ch. 1130 (S.B. 293), Sec. 26, eff. September 1, 2025.