HB4641 - Relating to the resumption of service by certain judicial officers under the Judicial Retirement System of Texas Plan Two.

  89R4781 KFF-D     By: Bonnen H.B. No. 4641       A BILL TO BE ENTITLED   AN ACT   relating to the resumption of service by certain judicial officers   under the Judicial Retirement System of Texas Plan Two.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 837.102(a), Government Code, is amended   to read as follows:          (a)  A retiree who resumes service as a judicial officer   other than by assignment described in Section 837.101 may not   rejoin or receive credit in the retirement system for the resumed   service, except [ unless an election is made ] as provided by Section   837.103.          SECTION 2.  Section 837.103, Government Code, is amended by   amending Subsections (b) and (c) and adding Subsections (b-1),   (b-2), (c-1), and (c-2) to read as follows:          (b)  Notwithstanding Sections 837.001(c) and 837.002(2) and   subject to the requirements of this section [ Subsection (d) ], a   retiree who resumes full-time service as a judicial officer other   than by assignment described in Section 837.101 [ described by   Section 837.102(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.           (b-1)   The retiree shall provide notice of an [ the ] election   to rejoin the retirement system under this section:                 (1)     not later than the 30th 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   required under Section 840.102(a).          (c)  For a person who rejoins the retirement system [ makes an   election ] under this section and completes at least 24 months of   resumed judicial service , on the person's subsequent retirement   from resumed service [ the resumption of annuity payments that have   been suspended under Section 837.102 ], the retirement system shall   recompute the annuity selected at the time of the person's original   retirement to reflect:                 (1)     the highest state annual salary associated with   the classification of a court on which the person served during any   period of judicial service; and                 (2)   [ to include ] the [ person's ] additional service   credit established during the person's period of resumed service   [ membership under this section ].           (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     [ the ] 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.          SECTION 3.  Section 837.103(e), Government Code, is   repealed.          SECTION 4.  (a) Subject to Subsection (b) of this section   and except as provided by Subsection (c) of this section, the   changes in law made by this Act apply only to:                (1)  a former retiree of the Judicial Retirement System   of Texas Plan Two who, on the effective date of this Act, holds a   judicial office included within the membership of the retirement   system; or                (2)  a retiree who resumes service as a judicial   officer on or after the effective date of this Act.          (b)  The board of trustees of the Employees Retirement System   of Texas shall adopt rules necessary to implement this Act,   including rules governing the application of Section 837.103,   Government Code, as amended by this Act, to persons described by   Subsection (a)(1) of this section, including rules:                (1)  establishing a deadline by which those persons are   allowed to make an election to rejoin the Judicial Retirement   System of Texas Plan Two under Section 837.103, Government Code, as   amended by this Act; and                (2)  requiring that persons who make an election in   accordance with Subdivision (1) of this subsection establish   service credit for judicial service performed before the effective   date of this Act, not later than September 1, 2027, by depositing   with the Judicial Retirement System of Texas Plan Two, for each   month of service credit, member contributions calculated by   multiplying the member contribution rate required under Section   840.102(a), Government Code, to the person's monthly judicial   salary on the effective date of this Act.          (c)  Section 837.103(b-1)(1), Government Code, as added by   this Act, applies only to an election to rejoin the Judicial   Retirement System of Texas Plan Two under Section 837.103,   Government Code, made on or after the effective date of this Act.          SECTION 5.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.