By Longoria                                      H.B. No. 245

      75R952 GCH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to eligibility for service retirement from the Judicial

 1-3     Retirement System of Texas Plan One or the Judicial Retirement

 1-4     System of Texas Plan Two.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 834.101, Government Code, is amended to

 1-7     read as follows:

 1-8           Sec. 834.101.  Eligibility for Service Retirement Annuity.

 1-9     (a)  A member is eligible to retire and receive a base service

1-10     retirement annuity if:

1-11                 (1)  the member:

1-12                       (A) [(1)]  is at least 65 years old[, currently

1-13     holds a judicial office,] and has at least eight [10] years of

1-14     service credited in the retirement system[, the most recently

1-15     performed of which was for a continuous period of at least one

1-16     year;]

1-17                 [(2)  is at least 65 years old and has at least 12

1-18     years of service, continuous or otherwise, credited in the

1-19     retirement system, regardless of whether the member currently holds

1-20     a judicial office]; or

1-21                       (B) [(3)]  has at least 18 [20] years of service

1-22     credited in the retirement system, the most recently performed of

1-23     which was for a continuous period of at least 10 years, regardless

1-24     of whether the member currently holds a judicial office; or

 2-1                 (2)  the sum of the member's age and service credit

 2-2     equals or exceeds the number 75.

 2-3           (b)  A member who meets service requirements provided by

 2-4     Subsection (a)(1)(A) [or (a)(2)] is eligible to retire and receive

 2-5     a service retirement annuity actuarially reduced as provided by

 2-6     Section 834.102(d) from the standard service retirement annuity, if

 2-7     the member is at least 60 years old.

 2-8           (c)  A member's resignation from a judicial office before

 2-9     applying for an annuity does not make the member ineligible for the

2-10     annuity [unless the member applies for an annuity under Subsection

2-11     (a)(1)].

2-12           SECTION 2.  Section 839.101, Government Code, is amended to

2-13     read as follows:

2-14           Sec. 839.101.  Eligibility for Service Retirement Annuity.

2-15     (a)  A member is eligible to retire and receive a service

2-16     retirement annuity if:

2-17                 (1)  the member:

2-18                       (A) [(1)]  is at least 65 years old[, currently

2-19     holds a judicial office,] and has at least eight [10] years of

2-20     service credited in the retirement system[, the most recently

2-21     performed of which was for a continuous period of at least one

2-22     year;]

2-23                 [(2)  is at least 65 years old and has at least 12

2-24     years of service, continuous or otherwise, credited in the

2-25     retirement system, regardless of whether the member currently holds

2-26     a judicial office]; or

2-27                       (B) [(3)]  has at least 20 years of service

 3-1     credited in the retirement system, the most recently performed of

 3-2     which was for a continuous period of at least 10 years, regardless

 3-3     of whether the member currently holds a judicial office; or

 3-4                 (2)  the sum of the member's age and service credit

 3-5     equals or exceeds the number 75.

 3-6           (b)  A member who meets service requirements provided by

 3-7     Subsection (a)(1)(A) [or (a)(2)] is eligible to retire and receive

 3-8     a service retirement annuity actuarially reduced as provided by

 3-9     Section 839.102(c) from the standard service retirement annuity, if

3-10     the member is at least 60 years old.

3-11           (c)  A member's resignation from a judicial office before

3-12     applying for an annuity does not make the member ineligible for the

3-13     annuity [unless the member applies for an annuity under Subsection

3-14     (a)(1)].

3-15           SECTION 3.  This Act takes effect September 1, 1997.

3-16           SECTION 4.  The importance of this legislation and the

3-17     crowded condition of the calendars in both houses create an

3-18     emergency and an imperative public necessity that the

3-19     constitutional rule requiring bills to be read on three several

3-20     days in each house be suspended, and this rule is hereby suspended.