SRC-JLB S.B. 889 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 889
By: Lindsay
Jurisprudence
3/26/2003
As Filed


DIGEST AND PURPOSE 

Current interpretation of Texas law allows a visiting judge to work one or
two days a month, and instead of contributing the full amount to the
judicial retirement system as would a sitting judge, a visiting judge can
contribute a minimal amount and the state makes-up the rest of the
contribution.  As proposed, S.B. 889 requires a state visiting judge to
make the same contribution to the judicial retirement system as a sitting
district judge in order to receive service credit for that month. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 75.112, Government Code, by adding Subsections
(d) and (e), as follows: 
 
(d)  Provides that notwithstanding Subsection (b), a senior district court
judge appointed under this subchapter who is not a retiree of the Judicial
Retirement System of Texas Plan One or the Judicial Retirement System of
Texas Plan Two is not entitled to receive service credit in the
appropriate retirement system for any month in which the judge pays a
contribution that is less than the amount of monthly contribution paid by
a full-time presiding district judge. 
 
(e)  Provides that a senior district court judge appointed under this
subchapter is not considered to have made the monthly contribution
required in order to receive service credit as provided by Subsection (d)
until the judge offsets any deficiency described by that subsection with a
direct payment to the appropriate retirement system or through an actual
cash reduction of future state salary. 
 
SECTION 2.  Amends Chapter 835B, Government Code, by adding Section
835.104, as follows: 
 
Sec. 835.104.  CONTRIBUTIONS FOR VISITING DISTRICT JUDGES.  (a)  Provides
that notwithstanding any other law, a visiting or an assigned state
district judge is not entitled to receive service credit in the retirement
system for any month in which the judge makes a payroll contribution that
is less than the amount of payroll contribution of a full-time presiding
district judge. 
 
(b)  Provides that a visiting or an assigned state district judge is not
considered to have made the required monthly contribution as provided by
Section 833.101 until the judge offsets any deficiency described under
Subsection (a) with a direct payment to the retirement system or through
an actual cash reduction of future state salary. 

SECTION 3.  Amends Chapter 840B, Government Code, by adding Section
840.107, as follows: 
 
Sec. 840.107.  CONTRIBUTIONS FOR VISITING DISTRICT JUDGES.  (a)  Provides
that notwithstanding any other law, a visiting or an assigned state
district judge is not entitled to receive service credit in the retirement
system for any month in which the judge makes a payroll contribution that
is less than the amount of payroll contribution of a full-time presiding
district judge. 
 
(b)  Provides that a visiting or an assigned state district judge is not
considered to have made the required monthly contribution as provided by
Section 838.101 until the judge offsets any deficiency described under
Subsection (a) with a direct payment to the retirement system or through
an actual cash reduction of future state salary. 

SECTION 4.  Effective date:  September 1, 2003.  
            Makes application of this Act prospective.