Tex. Gov't Code Section 824.202
Eligibility for Service Retirement

(a)

Except as provided by Subsections (a-1) and (a-2), a member is eligible to retire and receive a standard service retirement annuity if:

(1)

the member is at least 65 years old and has at least five years of service credit in the retirement system;

(2)

the member is at least 60 years old and has at least 20 years of service credit in the retirement system;

(3)

the member is at least 50 years old and has at least 30 years of service credit in the retirement system; or

(4)

the member has at least five years of service credit in the retirement system and the sum of the member’s age and amount of service credit in the retirement system equals the number 80.

(a-1)

This subsection applies only to a person who becomes a member of the retirement system on or after September 1, 2007, and who is not subject to Subsection (a-2). A member subject to this subsection is eligible to retire and receive a standard service retirement annuity if:

(1)

the member is at least 65 years old and has at least five years of service credit in the retirement system; or

(2)

the member is at least 60 years old and has at least five years of service credit in the retirement system and the sum of the member’s age and amount of service credit in the retirement system equals the number 80.

(a-2)

This subsection applies only to a person who does not have at least five years of service credit in the retirement system on or before August 31, 2014, or who becomes a member of the retirement system on or after September 1, 2014. A member subject to this subsection is eligible to retire and receive a standard service retirement annuity if:

(1)

the member is at least 65 years old and has at least five years of service credit in the retirement system; or

(2)

the member is at least 62 years old and has at least five years of service credit in the retirement system and the sum of the member’s age and amount of service credit in the retirement system equals the number 80.

(b)

This subsection applies only to a person who is not subject to Subsection (b-1), (b-2), (d), (d-1), or (d-2). If a member subject to this subsection is at least 55 years old and has at least five years of service credit in the retirement system, the member is eligible to retire and receive a service retirement annuity reduced from the standard service retirement annuity available under Subsection (a)(1), to a percentage derived from the following table:

(b-1)

This subsection applies only to a person who becomes a member of the retirement system on or after September 1, 2007, and who is not subject to Subsection (b-2). If a member subject to this subsection is at least 55 years old and has at least five years of service credit in the retirement system, but does not meet the requirements under Subsection (d-1), the member is eligible to retire and receive a service retirement annuity reduced from the standard service retirement annuity available under Subsection (a-1)(1), to a percentage derived from the following table:

(b-2)

This subsection applies only to a person who does not have at least five years of service credit in the retirement system on or before August 31, 2014, or who becomes a member of the retirement system on or after September 1, 2014. If a member subject to this subsection is at least 55 years old and has at least five years of service credit in the retirement system, but does not meet the requirements under Subsection (d-2), the member is eligible to retire and receive a service retirement annuity reduced from the standard service retirement annuity available under Subsection (a-2)(1), to a percentage derived from the following table:

(c)

Repealed by Acts 2005, 79th Leg., Ch. 1359, Sec. 55(a)(1), eff. September 1, 2005.

(d)

This subsection applies only to a person who is not subject to Subsection (d-1) or (d-2). If a member subject to this subsection has at least 30 years of service credit in the retirement system, the member is eligible to retire regardless of age and receive a service retirement annuity consisting of the standard service retirement annuity available under Subsection (a) decreased by two percent for each year of age under 50 years.

(d-1)

This subsection applies only to a person who becomes a member of the retirement system on or after September 1, 2007, and who is not subject to Subsection (d-2). If the sum of the member’s age and amount of service credit in the retirement system equals the number 80, with at least five years of service credit, or if the member has at least 30 years of service credit in the retirement system, the member is eligible to retire regardless of age and receive a service retirement annuity consisting of the standard service retirement annuity available under Subsection (a-1)(2) decreased by five percent for each year of age under 60 years.

(d-2)

This subsection applies only to a person who does not have at least five years of service credit in the retirement system on or before August 31, 2014, or who becomes a member of the retirement system on or after September 1, 2014. If the sum of the member’s age and amount of service credit in the retirement system equals the number 80, with at least five years of service credit, or if the member has at least 30 years of service credit in the retirement system, the member is eligible to retire regardless of age and receive a service retirement annuity consisting of the standard service retirement annuity available under Subsection (a-2)(2) decreased by five percent for each year of age under 62 years.

(e)

The board of trustees may adopt tables for reduction of benefits for early retirement by each month of age, but the range of percentages in the tables within a year must be limited to the range provided between two years of age by this section.

(f)

Except as provided by Chapter 803 (Proportionate Retirement Program) or 805 (Credit Transfer Between Employees Retirement System of Texas and Teacher Retirement System of Texas), a member is not eligible to receive service retirement benefits from the retirement system unless the member has at least five years of service credit in the retirement system for actual service in public schools.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1986, 69th Leg., 3rd C.S., ch. 25, Sec. 1, eff. Oct. 15, 1986; Acts 1989, 71st Leg., ch. 222, Sec. 1, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 835, Sec. 3(a), (b), eff. Sept. 1, 1989. Renumbered from Vernon’s Ann.Civ.St. Title 110B, Sec. 34.202 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 4.11(a), eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 16, Sec. 11.05(c), eff. Aug. 26, 1991; Acts 1995, 74th Leg., ch. 555, Sec. 20, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1416, Sec. 15, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 11, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 55(a)(1), eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 455 (S.B. 1667), Sec. 12, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1214 (S.B. 1458), Sec. 1, eff. September 1, 2014.

Source: Section 824.202 — Eligibility for Service Retirement, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­824.­htm#824.­202 (accessed Jun. 5, 2024).

824.001
Types of Benefits 824.002
Effective Date of Retirement 824.003
When Benefits Are Payable 824.004
Waiver of Benefits 824.005
Revocation of Retirement 824.006
Payment of Annuity on Death of Member or Retiree 824.007
Deductions from Service or Disability Retirement Annuity 824.008
Deductions from Amounts Payable by the Retirement System 824.009
Certain Employees and Annuitants Ineligible for Retirement Annuity 824.0071
Deductions from Service or Disability Retirement Annuity for Certain University Insurance Program Contributions 824.101
Designation of Beneficiary 824.102
Trust as Beneficiary 824.103
Absence of Beneficiary 824.104
Failure of Beneficiary to Claim Benefits 824.105
Beneficiary Causing Death of Member or Annuitant 824.106
Simultaneous Death of Member and Beneficiary 824.201
Application for Service Retirement Benefits 824.202
Eligibility for Service Retirement 824.203
Standard Service Retirement Benefits 824.204
Optional Service Retirement Benefits 824.205
Deductions from Service Retirement Annuity 824.206
Change of Service Retirement Annuity Payment Plan 824.301
Application for Disability Retirement Benefits 824.302
Eligibility for Disability Retirement 824.303
Certification of Disability 824.304
Disability Retirement Benefits 824.305
Medical Examination of Disability Retiree 824.307
Restoration of Disability Retiree to Membership 824.308
Optional Disability Retirement Benefits 824.309
Change of Disability Retirement Payment Plan 824.310
Purpose of Disability Benefit 824.401
Availability of Annuity 824.402
Benefits on Death of Active Member 824.403
Benefits on Death of Inactive Member 824.404
Survivor Benefits 824.405
Tables for Determination of Death Benefit Annuity 824.406
Benefits for Survivors of Certain Members 824.407
Guaranteed Return of Amount Equal to Contributions 824.501
Survivor Benefits 824.502
Benefits on Death of Disability Retiree 824.503
Return of Excess Contributions 824.504
Benefits for Survivors of Certain Retirees 824.505
Other Amounts Payable on Death of Retiree 824.601
Loss of Monthly Benefits 824.602
Exceptions 824.603
Exclusion from Credit 824.604
Rules 824.701
Application of Annuity Increases to Certain Annuities 824.702
Cost-of-living Adjustment 824.801
Definition 824.802
Participation in Plan 824.803
Computation of Participant’s Service and Annuity 824.804
Benefits Under Plan 824.805
Termination of Participation in Plan 824.806
Benefits for Service After Plan Participation 824.807
Interest 824.1011
Designation of Beneficiary After Retirement 824.1012
Post-retirement Change in Retirement Payment Plan for Certain Retirement Benefit Options 824.1013
Change of Beneficiary After Retirement 824.2031
Benefit Improvements 824.2045
Partial Lump-sum Option 824.4041
Benefits for Certain Surviving Spouses 824.6022
Required Reports 824.8011
Deadline to Elect to Participate
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 824.202’s source at texas​.gov