Tex. Gov't Code Section 838.103
Military Service

(a)

An eligible member may establish service credit in the retirement system for military service performed that is creditable in the retirement system.

(b)

A member eligible to establish military service credit is one who:

(1)

has at least eight years of service credit in the retirement system;

(2)

does not receive and is not eligible to receive federal retirement payments based on 20 years or more of active federal military duty; and

(3)

has been released from military duty under conditions not dishonorable.

(c)

Military service creditable in the retirement system is active duty federal military service.

(d)

A member may establish one month of service credit for each month or fraction of a month of duty, but not more than 48 months of service credit in the retirement system for military service.

(e)

A member may establish credit under this section by depositing with the retirement system in a lump sum a contribution computed for each month of military service claimed at the rate of six percent of the member’s current monthly state compensation, plus, if the member does not establish the credit before the first anniversary of the date of first eligibility, interest computed on the basis of the state fiscal year at an annual rate of 10 percent from the date of first eligibility to the date of deposit.

(f)

The state shall contribute for each month of military service established under this section an amount computed on the basis of the member’s current monthly state compensation at the rate of state contribution, as provided by Section 840.103 (Collection of State Contributions)(a), for the fiscal year in which the credit is established.

(g)

The board of trustees may require members applying for credit under this section to submit any information the board considers necessary to enable it to determine eligibility for credit, amount of service, or amounts of required contributions.

(h)

The retirement system shall use military service credit in computing death benefits and in determining eligibility to select an optional death benefit plan.

(i)

Repealed by Acts 1997, 75th Leg., ch. 1048, Sec. 56(a), eff. Sept. 1, 1997.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985. Renumbered from Vernon’s Ann.Civ.St. Title 110B, Sec. 73.103 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 32, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1048, Sec. 31, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1111, Sec. 30, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 618 (S.B. 1459), Sec. 18, eff. September 1, 2013.

Source: Section 838.103 — Military Service, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­838.­htm#838.­103 (accessed Jun. 5, 2024).

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Accessed:
Jun. 5, 2024

§ 838.103’s source at texas​.gov