By: Thompson, S. H.B. No. 1199
73R491 MLR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to retirement benefits and age and service requirements
1-3 for judges.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 834.101, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 834.101. Eligibility for Service Retirement Annuity.
1-8 (a) A member is eligible to retire and receive a base service
1-9 retirement annuity if the member:
1-10 (1) <is at least 65 years old, currently holds a
1-11 judicial office, and has at least 10 years of service credited in
1-12 the retirement system, the most recently performed of which was for
1-13 a continuous period of at least one year;>
1-14 <(2)> is at least 55 <65> years old and has at least
1-15 10 <12> years of service, continuous or otherwise, credited in the
1-16 retirement system, regardless of whether the member currently holds
1-17 a judicial office; or
1-18 (2) <(3)> has at least 20 years of service credited in
1-19 the retirement system, the most recently performed of which was for
1-20 a continuous period of at least 10 years, regardless of whether the
1-21 member currently holds a judicial office.
1-22 (b) A member who meets service requirements provided by
1-23 Subsection (a)(1) <or (a)(2)> is eligible to retire and receive a
1-24 service retirement annuity actuarially reduced as provided by
2-1 Section 834.102(d) from the standard service retirement annuity, if
2-2 the member is at least 50 <60> years old.
2-3 <(c) A member's resignation from a judicial office before
2-4 applying for an annuity does not make the member ineligible for the
2-5 annuity unless the member applies for an annuity under Subsection
2-6 (a)(1).>
2-7 SECTION 2. Section 834.102(d), Government Code, is amended
2-8 to read as follows:
2-9 (d) The service retirement annuity of a person qualifying
2-10 for retirement under Section 834.101(b) is an amount computed as a
2-11 percentage of the state salary, as adjusted from time to time,
2-12 being paid a judge of a court of the same classification as the
2-13 court on which the retiree last served before retirement, according
2-14 to the following schedule:
2-15 age at retirement percentage of state salary
2-16 at least 50 <60> but less than 51 <61> 40 percent
2-17 at least 51 <61> but less than 52 <62> 41.7 percent
2-18 at least 52 <62> but less than 53 <63> 43.6 percent
2-19 at least 53 <63> but less than 54 <64> 45.6 percent
2-20 at least 54 <64> but less than 55 <65> 47.7 percent
2-21 SECTION 3. Section 839.101, Government Code, is amended to
2-22 read as follows:
2-23 Sec. 839.101. Eligibility for Service Retirement Annuity.
2-24 (a) A member is eligible to retire and receive a service
2-25 retirement annuity if the member:
2-26 (1) <is at least 65 years old, currently holds a
2-27 judicial office, and has at least 10 years of service credited in
3-1 the retirement system, the most recently performed of which was for
3-2 a continuous period of at least one year;>
3-3 <(2)> is at least 55 <65> years old and has at least
3-4 10 <12> years of service, continuous or otherwise, credited in the
3-5 retirement system, regardless of whether the member currently holds
3-6 a judicial office; or
3-7 (2) <(3)> has at least 25 years of service credited in
3-8 the retirement system, the most recently performed of which was for
3-9 a continuous period of at least 10 years, regardless of whether the
3-10 member currently holds a judicial office.
3-11 (b) A member who meets service requirements provided by
3-12 Subsection (a)(1) <or (a)(2)> is eligible to retire and receive a
3-13 service retirement annuity actuarially reduced as provided by
3-14 Section 839.102(c) from the standard service retirement annuity, if
3-15 the member is at least 50 <60> years old.
3-16 <(c) A member's resignation from a judicial office before
3-17 applying for an annuity does not make the member ineligible for the
3-18 annuity unless the member applies for an annuity under Subsection
3-19 (a)(1).>
3-20 SECTION 4. Section 839.102(c), Government Code, is amended
3-21 to read as follows:
3-22 (c) The standard service retirement annuity of a person
3-23 qualifying for retirement under Section 839.101(b) is an amount
3-24 computed as provided by Subsection (a), reduced by one-third of one
3-25 percent for each whole or partial calendar month that occurs during
3-26 the period from the date of retirement to the date of the retiree's
3-27 55th <65th> birthday, including the months that contain the dates
4-1 of retirement and birthday.
4-2 SECTION 5. Subchapter E, Chapter 840, Government Code, is
4-3 amended by adding Section 840.405 to read as follows:
4-4 Sec. 840.405. PLAN QUALIFICATION. (a) The provisions of
4-5 this subtitle shall be interpreted and administered in a manner
4-6 that permits the retirement system's benefit plan to be considered
4-7 a qualified plan under Section 401, Internal Revenue Code of 1986
4-8 (26 U.S.C. Section 401). The board of trustees may adopt rules
4-9 necessary to accomplish that purpose, and those rules are
4-10 considered a part of the plan.
4-11 (b) The retirement system's benefit plan shall be considered
4-12 the primary retirement plan for members of the retirement system in
4-13 determining qualification status under Section 401(a), Internal
4-14 Revenue Code of 1986 (26 U.S.C. Section 401).
4-15 SECTION 6. Section 839.104, Government Code, is repealed.
4-16 SECTION 7. This Act applies only to retirements that take
4-17 effect on or after the effective date of this Act.
4-18 SECTION 8. This Act takes effect September 1, 1993.
4-19 SECTION 9. The importance of this legislation and the
4-20 crowded condition of the calendars in both houses create an
4-21 emergency and an imperative public necessity that the
4-22 constitutional rule requiring bills to be read on three several
4-23 days in each house be suspended, and this rule is hereby suspended.