H.B. No. 617




AN ACT
relating to contributions made by and the service retirement annuity paid to certain members of the Judicial Retirement System of Texas Plan Two. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 840.102, Government Code, is amended by amending Subsection (a) and adding Subsection (h) to read as follows: (a) Except as provided by Subsections [Subsection] (g) and (h), each payroll period, a judicial officer who is a member of the retirement system is required to contribute six percent of the officer's state compensation for the period to the retirement system. (h) If a member has served at least 12 years on an appellate court and the sum of the member's age and amount of service credited in the retirement system equals or exceeds the number 70, the member ceases making contributions under this section. A member described by this subsection is considered a contributing member for all other purposes under this subtitle. SECTION 2. Subchapter B, Chapter 840, Government Code, is amended by adding Section 840.1027 to read as follows: Sec. 840.1027. CONTRIBUTIONS AFTER ATTAINING RULE OF 70. (a) Notwithstanding Section 840.102(h), a judicial officer who is a member of the retirement system and who has served at least 12 years on an appellate court and the sum of the member's age and amount of service credited in the retirement system equals or exceeds the number 70 may elect to make contributions for each subsequent year of service credit that the member accrues by filing an application with the retirement system. (b) A member who elects to make contributions under Subsection (a) shall contribute six percent of the member's state compensation for each payroll period in the manner provided by Sections 840.102(b)-(f). Section 840.105 does not apply to a contribution under this section. (c) A member may not make contributions under this section for more than 10 years of subsequent service credit that the member accrues. SECTION 3. Section 839.102, Government Code, is amended by amending Subsection (a) and adding Subsection (f) to read as follows: (a) Except as provided by Subsections (b), [and] (c), and (f), the standard service retirement annuity is an amount equal to 50 percent of the state salary being paid at the time the member retires to a judge of a court of the same classification as the last court to which the retiring member was elected or appointed. (f) The service retirement annuity of a member qualifying for retirement under Section 839.101(a)(4) is the applicable state salary under Subsection (a) multiplied by a percentage amount that is the sum of 50 percent plus the product of two percent multiplied by the number of years of subsequent service credit the member accrues under Section 840.1027. After including any increase under Subsection (b), the service retirement annuity under this subsection may not be an amount that is greater than 80 percent of the applicable salary under Subsection (a). SECTION 4. This Act takes effect September 1, 2005. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 617 was passed by the House on April 13, 2005, by a non-record vote. ______________________________ Chief Clerk of the House I certify that H.B. No. 617 was passed by the Senate on May 25, 2005, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor