C.S.H.B. 820 78(R)    BILL ANALYSIS


C.S.H.B. 820
By: Grusendorf
Pensions & Investments
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law regarding state judicial retirement allows for three different
ways to retire. Plan I (10 years of service) and Plan II (12 years of
service) both require that you attain the age of 65 in order to qualify
for retirement.  A third way allows you to retire with 20 years of service
regardless of age.  However, the difference between qualifications to
serve on a district bench and qualifications to serve on an appellate
bench work against the appellate court judge in terms of acquiring
retirement benefits from the state.  In order to serve on the appellate
benches in Texas, lawyers must have obtained 10 years of experience as
opposed to only 5 years of experience required to serve on district
benches.  Additionally, most persons who are elected to the appellate
bench do so later in their legal careers.  Finally, it is possible for
some judges to have attained the 20 year requirement to retire under the
third option mentioned above at the age of 48 or 49 as opposed to the age
of 65 as required by Plan I and Plan II..  Another reason to grant a lower
service requirement for appellate judges is that they have a somewhat
larger district or even encompass the state, causing more expense and
possible inconveniences to those judges.  

CSHB 820 allows retirement with the age of at least 55 years of age and at
least 20 years of serivce. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1:  Amends Section 839.101, Government Code, by adding the option
of 55 years or older for a member who has 20 years of service credited in
the retirement system.   

SECTION 2:  Effective date.

EFFECTIVE DATE

This Act takes effect September 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute bill deletes language that stipulated other retirement
options for appellate judges such as being at least 57 years old and 18
years of service credit regardless of office status; 57 years old and 16
years of service credit and at least two full terms on the supreme court
or the court of criminal appeals and regardless of current office status;
and a provision that at least 70 consecutive months during a term of
office is considered a full term.