GOVERNMENT CODE

TITLE 8. PUBLIC RETIREMENT SYSTEMS

SUBTITLE E. JUDICIAL RETIREMENT SYSTEM OF TEXAS PLAN TWO

CHAPTER 836. GENERAL PROVISIONS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 836.001.  DEFINITIONS.  In this subtitle:
(1)  "Accumulated contributions" means the total of amounts in a member's individual account in the retirement system, including:
(A)  amounts deducted from the compensation of the member;
(B)  other member deposits required to be placed in the member's individual account;  and
(C)  interest credited to amounts in the member's individual account.
(2)  "Annuity" means an amount of money payable in monthly installments for life or for another period as provided by this subtitle.
(3)  "Board of trustees" means the entity given responsibility under Section 840.001 for the administration of the retirement system.
(3-a)  "Cash balance group member" means a member subject to Chapter 840A.
(4)  "Executive director" means the person appointed under Section 815.202.
(5)  "Judicial officer" means a person who presides over a court or a commission to a court named in Section 837.001 and who has never been a member of the Judicial Retirement System of Texas or the Judicial Retirement System of Texas Plan One.
(6)  "Medical board" means the entity designated under Section 840.202.
(7)  "Retiree" means a person who receives from the retirement system an annuity based on service that was credited to the person.
(8)  "Retirement system" means the Judicial Retirement System of Texas Plan Two.
(9)  "Service credit" means the amount of membership and, if applicable, military and equivalent membership service ascribed by the retirement system to a person and for which the person has made required contributions.
(9-a)  "State salary" does not include the amount of any longevity pay payable under Section 659.0445.
(10)  "Supreme court" means the Supreme Court of Texas.
(11)  "Compensation" includes amounts by which a member's salary is reduced under a salary reduction agreement authorized by Chapter 610.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1.  Amended by Acts 1987, 70th Leg., ch. 944, Sec. 4, eff. June 20, 1987.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 71.001 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(34), eff. Sept. 1, 1995.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 1328 (S.B. 1519), Sec. 6, eff. September 1, 2007.
Acts 2023, 88th Leg., R.S., Ch. 1092 (S.B. 1245), Sec. 3, eff. June 18, 2023.

Sec. 836.002.  PURPOSE OF SUBTITLE.  The purpose of this subtitle is to establish a program of benefits for members, retirees, and other beneficiaries of the retirement system and to establish rules for the management and operation of the retirement system.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 71.002 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.

Sec. 836.003.  RETIREMENT SYSTEM.  The retirement system is an entity of the state.  The Judicial Retirement System of Texas Plan Two is the name in which all its business shall be transacted and all its property held.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 71.003 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.

Sec. 836.004.  EXEMPTION FROM EXECUTION.  All annuity and other benefit payments from the retirement system, contribution refunds, and rights accrued or accruing under this subtitle to any person are exempt from garnishment, attachment, state and local taxation, levy, sale, and any other process and are unassignable.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 71.004 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.

Sec. 836.005.  POWERS AND PRIVILEGES.  The retirement system has the powers, privileges, and immunities of a corporation, as well as the powers, privileges, and immunities conferred by this subtitle.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 71.005 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.

Sec. 836.006.  DIVERSION OF MONEY PROHIBITED.  Except as provided by Section 840.305(c), no part of the money contributed to the retirement system under Section 840.102 and no part of the contribution described by Section 840.103(b)(2) may be used for or diverted to any purpose other than the exclusive benefit of members, their beneficiaries, and annuitants of the retirement system.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 71.006 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. 4.02, eff. September 1, 2019.

SUBCHAPTER B. PENAL PROVISIONS

Sec. 836.101.  CONVERSION OF MONEY;  FRAUD.  (a)  A person commits an offense if the person knowingly or intentionally confiscates, misappropriates, or converts money representing deductions from a member's salary either before or after the money is received by the retirement system.
(b)  A person commits an offense if the person knowingly or intentionally makes a false statement or falsifies or permits to be falsified any record of the retirement system in an attempt to defraud the retirement system.
(c)  A member commits an offense if the member accepts as a salary money that the member knows should have been deducted as provided by this subtitle from the member's salary.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 71.101 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.

Sec. 836.102.  PENALTIES.  (a)  An offense under Section 836.101(a) or (c) is punishable in the manner provided by Section 31.03, Penal Code, for the punishment of the offenses included in that section.
(b)  An offense under Section 836.101(b) is punishable in the manner provided by Section 37.10, Penal Code, for the punishment of the offenses included in that section.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 71.102 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.