Tex.
Gov't Code Section 837.103
Resumption of Full-time Judicial Service by Certain Retirees; Optional Election to Rejoin System
(a)
This section does not apply to a retiree receiving a cash balance annuity under Chapter 840A (Cash Balance Benefit).(b)
Notwithstanding Sections 837.001 (Eligibility for Membership)(c) and 837.002 (Termination of Membership)(2) and subject to Subsection (d), a retiree described by Section 837.102 (Resumption of Full-time Judicial Service)(a) may elect to rejoin the retirement system as a member and receive service credit in the system for resuming service as a judicial officer if, before taking the oath of office, the retiree has been separated from judicial service for at least six full consecutive months. The retiree shall provide notice of the election to the system in the manner prescribed by the system.(c)
For a person who makes an election under this section, on the resumption of annuity payments that have been suspended under Section 837.102 (Resumption of Full-time Judicial Service), the retirement system shall recompute the annuity selected at the time of the person’s original retirement to include the person’s additional service credit established during membership under this section. If, at the time of the person’s original retirement, the person selected an optional retirement annuity payable under Section 839.103 (Optional Service Retirement Annuity)(a)(3) or (4), the retirement system shall reduce the number of months of payments by the number of months for which the annuity was paid before the person resumed service.(d)
A person may make an election under this section only once.(e)
The retirement system shall implement this section only if the system is considered actuarially sound. For purposes of this subsection, the system is considered actuarially sound if, based on an actuarial valuation of the system prepared under Section 840.204 (Actuary)(d) on or after September 1, 2023, the amount of contributions to the system are sufficient to cover the normal cost of the system and to amortize the unfunded actuarial accrued liability of the system within 30 years. Not later than the 30th day after the date an actuarial valuation is prepared showing the system is actuarially sound, the system shall implement this section. On September 1, 2025:(1)
if this section is implemented, this subsection expires; or(2)
if this section is not implemented, this section expires.
Source:
Section 837.103 — Resumption of Full-time Judicial Service by Certain Retirees; Optional Election to Rejoin System, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.837.htm#837.103 (accessed Jun. 5, 2024).
