S.B. No. 1519

AN ACT

relating to longevity pay for certain state judges and justices.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 659.042, Government Code, is amended to read as follows:

Sec. 659.042. EXCLUSIONS. The following are not entitled to longevity pay under this subchapter:

(1) a member of the legislature;

(2) an individual who holds a statewide office that is normally filled by vote of the people, except as provided by Section 659.0445;

(3) an independent contractor or an employee of an independent contractor;

(4) a temporary employee;

(5) an officer or employee of a public junior college;

(6) an academic employee of a state institution of higher education; or

(7) a state employee who retired from state employment on or after June 1, 2005, and who receives an annuity based wholly or partly on service as a state officer or state employee in a public retirement system, as defined by Section 802.001, that was credited to the state employee.

SECTION 2. Subsection (a), Section 659.044, Government Code, is amended to read as follows:

(a) Except as provided by Subsections (e) and (f) and Section 659.0445, the monthly amount of longevity pay is $20 for every two years of lifetime service credit.

SECTION 3. Subchapter D, Chapter 659, Government Code, is amended by adding Section 659.0445 to read as follows:

Sec. 659.0445. LONGEVITY PAY FOR STATE JUDGES AND JUSTICES. (a) A judge or justice who receives a salary paid by the state, is a member of the Judicial Retirement System of Texas Plan One or the Judicial Retirement System of Texas Plan Two, and is an active judge, as defined by Section 74.041, is entitled to longevity pay as provided by this section.

(b) The monthly amount of longevity pay under this section to which a judge or justice described by Subsection (a) is entitled:

(1) is $20 for each year of service credited in the applicable retirement system, subject to Subsection (c); and

(2) is calculated and becomes payable beginning with the month following the month in which the judge or justice completes 16 years of service for which credit is established in the applicable retirement system.

(c) A judge or justice may not receive longevity pay for more than 16 years of service credited in the applicable retirement system.

SECTION 4. Subsection (a), Section 814.103, Government Code, is amended to read as follows:

(a) Except as provided by Subsection (b), the standard service retirement annuity for service credited in the elected class of membership is an amount equal to the number of years of service credit in that class, times two percent of the state salary, excluding longevity pay payable under Section 659.0445 and as adjusted from time to time, being paid a district judge.

SECTION 5. Section 831.001, Government Code, is amended by adding Subdivision (6-a) to read as follows:

(6-a) "State salary" does not include the amount of any longevity pay payable under Section 659.0445.

SECTION 6. Section 836.001, Government Code, is amended by adding Subdivision (9-a) to read as follows:

(9-a) "State salary" does not include the amount of any longevity pay payable under Section 659.0445.

SECTION 7. This Act takes effect September 1, 2007.

______________________________ ______________________________

President of the Senate Speaker of the House

I hereby certify that S.B. No. 1519 passed the Senate on April 19, 2007, by the following vote: Yeas 31, Nays 0.

______________________________ Secretary of the Senate

I hereby certify that S.B. No. 1519 passed the House on May 16, 2007, by the following vote: Yeas 147, Nays 0, one present not voting.

______________________________ Chief Clerk of the House

Approved:

______________________________

Date

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Governor