RESUMPTION OF FULL-TIME JUDICIAL SERVICE BY CERTAIN RETIREES; OPTIONAL ELECTION TO REJOIN SYSTEM.
Tex. GOV'T Code § 837.103.
in effect(a) This section does not apply to a retiree receiving a cash balance annuity under Chapter 840A .
(b) Notwithstanding Sections 837.001 (c) and 837.002 (2) and subject to the requirements of this section, a retiree who resumes full-time service as a judicial officer other than by assignment described in Section 837.101 may elect to rejoin the retirement system as a member if, before taking the oath of office, the retiree has been separated from judicial service for at least six full consecutive months.
(b-1) The retiree shall provide notice of an election to rejoin the retirement system under this section:
(1) not later than the 60th day after the date the retiree takes the oath of office; and
(2) in the form and manner prescribed by the system.
(b-2) A person who rejoins the retirement system under this section shall resume making member contributions at the rate of 9.5 percent of the person's state compensation.
(c) For a person who rejoins the retirement system under this section and completes at least 24 months of resumed judicial service, on the person's subsequent retirement from resumed service, the retirement system shall recompute the annuity selected at the time of the person's original retirement to reflect:
(1) the highest annual state salary earned by the person while holding a judicial office included within the membership of the retirement system; and
(2) the additional service credit established during the person's period of resumed service.
(c-1) For a person who rejoins the retirement system under this section but who does not complete at least 24 months of resumed service, on the person's subsequent retirement from resumed service, the retirement system shall:
(1) resume annuity payments suspended under Section 837.102 ; and
(2) issue the person a refund of the person's accumulated member contributions made during the person's period of resumed service.
(c-2) If, at the time of the person's original retirement, a person described by Subsection (c) or (c-1) selected an optional retirement annuity payable under Section 839.103 (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(e) Repealed by Acts 2025, 89th Leg., R.S., Ch. 34 (S.B. 1738 ), Sec. 5, and Ch. 1130 (S.B. 293 ), Sec. 26.
Added by Acts 2023, 88th Leg., R.S., Ch. 1092 (S.B. 1245 ), Sec. 5, eff. June 18, 2023.