2005 Texas Government Code CHAPTER 812. MEMBERSHIP

GOVERNMENT CODE

CHAPTER 812. MEMBERSHIP

SUBCHAPTER A. MEMBERSHIP


	§ 812.001. MEMBERSHIP CLASSES.  The two classes of 
membership in the retirement system are the elected class and the 
employee class.

Acts 1981, 67th Leg., p. 1876, ch. 453, § 1, eff. Sept. 1, 1981.  
Renumbered from Vernon's Ann.Civ.St. Title 110B, § 22.001 by 
Acts 1989, 71st Leg., ch. 179, § 1, eff. Sept. 1, 1989.


	§ 812.002. MEMBERSHIP IN ELECTED CLASS.  (a) Membership 
in the elected class of the retirement system is limited to:
		(1)  persons who hold state offices that are normally 
filled by statewide election and that are not included in the 
coverage of the Judicial Retirement System of Texas Plan One or the 
Judicial Retirement System of Texas Plan Two;
		(2)  members of the legislature;  and                                         
		(3)  district and criminal district attorneys, to the 
extent that they receive salaries from the state general revenue 
fund.
	(b)  Membership in the elected class is optional.                              
	(c)  An eligible person becomes a member of the elected class 
by filing a notice of intention to become a member with the board of 
trustees on a form prescribed by the board.

Acts 1981, 67th Leg., p. 1876, ch. 453, § 1, eff. Sept. 1, 1981.  
Amended by Acts 1985, 69th Leg., ch. 602, § 4, Sept. 1, 1985.  
Renumbered from Vernon's Ann.Civ.St. Title 110B, § 22.002 by 
Acts 1989, 71st Leg., ch. 179, § 1, eff. Sept. 1, 1989.


	§ 812.003. MEMBERSHIP IN EMPLOYEE CLASS.  (a) Except as 
provided by Subsections (b) and (d), membership in the employee 
class of the retirement system includes all employees and appointed 
officers of every department, commission, board, agency, or 
institution of the state except:
		(1)  independent contractors and their employees 
performing work for the state;  and
		(2)  persons disqualified from membership under 
Section 812.201.            
	(b)  An office or employment that is included in the coverage 
of the Teacher Retirement System of Texas, the Judicial Retirement 
System of Texas Plan One, or the Judicial Retirement System of Texas 
Plan Two is not a position with a department, commission, board, 
agency, or institution of the state for purposes of this subtitle.
	(c)  Membership in the employee class is mandatory for 
eligible persons.     
	(d)  Membership in the employee class begins on the 91st day 
after the first day a person is employed or holds office.
	(e)  A person who is reemployed or who again holds office 
after withdrawing contributions under Subchapter B for previous 
service credited in the employee class begins membership in the 
employee class on the 91st day after the first day the person is 
reemployed or again holds office.
	(f)  A member may establish service credit only as provided 
by Section 813.514 for service performed during the 90-day waiting 
period provided by Subsection (d) or (e).

Acts 1981, 67th Leg., p. 1876, ch. 453, § 1, eff. Sept. 1, 1981.  
Amended by Acts 1985, 69th Leg., ch. 602, § 5, Sept. 1, 1985.  
Renumbered from Vernon's Ann.Civ.St. Title 110B, § 22.003 and 
amended by Acts 1989, 71st Leg., ch. 179, § 1, eff. Sept. 1, 
1989;  Acts 2003, 78th Leg., ch. 1111, § 12, 41, eff. Sept. 1, 
2003;  Acts 2005, 79th Leg., ch. 347, § 4, eff. Sept. 1, 2005.


	§ 812.005. TERMINATION OF MEMBERSHIP.  (a) A person's 
membership in the retirement system is terminated by:
		(1)  death of the person;                                                     
		(2)  retirement based on service credited in all 
classes of membership in which the person has service credit;  or
		(3)  withdrawal of all of the person's accumulated 
contributions.           
	(b)  A person terminates membership in one class of 
membership by:           
		(1)  retirement based on service credited in the class;  
or                 
		(2)  withdrawal of the person's accumulated 
contributions for service credited in the class.
	(c)  A person may terminate membership in one class and 
retain membership in the other.

Acts 1981, 67th Leg., p. 1876, ch. 453, § 1, eff. Sept. 1, 1981.  
Amended by Acts 1983, 68th Leg., p. 332, ch. 75, § 2, eff. Sept. 
1, 1983.  Renumbered from Vernon's Ann.Civ.St. Title 110B, § 
22.005 and amended by Acts 1989, 71st Leg., ch. 179, § 1, eff. 
Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 850, § 1, 
eff. Sept. 1, 1991;  Acts 2005, 79th Leg., ch. 347, § 5, eff. 
Sept. 1, 2005.


	§ 812.006. OPTIONAL MEMBERSHIP.  (a) In this section, 
"qualified employee" means a person who:
		(1)  has at least three years of service credit in the 
retirement system in the legislative branch that was accrued before 
June 18, 1993;
		(2)  was employed by an institution of higher 
education, as defined by Section 61.003, Education Code, before 
December 31, 1998, and elected to participate in the optional 
retirement program under Chapter 830;  and
		(3)  is actively participating in the optional 
retirement program.          
	(b)  A qualified employee may make a one-time, irrevocable 
election in a manner provided by the retirement system to renew 
active participation in the system and cease participation in the 
optional retirement program.
	(c)  An employee who makes an election under this section is 
not eligible to establish service credit in the retirement system 
for service performed while participating in the optional 
retirement program.
	(d)  This section is contingent upon the receipt of a 
favorable Internal Revenue Service ruling addressing all tax 
issues.
	(e)  An election authorized by this section must be made 
within 90 days of the Internal Revenue Service ruling.

Added by Acts 2005, 79th Leg., ch. 347, § 6, eff. Sept. 1, 2005.           

SUBCHAPTER B. WITHDRAWAL OF CONTRIBUTIONS


	§ 812.101. CRITERIA FOR WITHDRAWAL.  (a) A member of the 
retirement system may withdraw all of the member's accumulated 
contributions for service credited in the employee class of 
membership if:
		(1)  the member does not hold a position included in 
that class;            
		(2)  the member does not assume or resume, during the 30 
days after the date on which the member terminates employment, a 
position included in that class;  and
		(3)  the member's application for withdrawal is filed 
before the member assumes or resumes a position included in that 
class.
	(b)  A member of the retirement system currently 
contributing in the elected class of membership may at any time stop 
contributing and withdraw the person's contributions made for 
service credited in that class.

Acts 1981, 67th Leg., p. 1876, ch. 453, § 1, eff. Sept. 1, 1981.  
Renumbered from Vernon's Ann.Civ.St. Title 110B, § 22.101 and 
amended by Acts 1989, 71st Leg., ch. 179, § 1, eff. Sept. 1, 
1989.  Amended by Acts 1999, 76th Leg., ch. 1541, § 4, eff. Sept. 
1, 1999.


	§ 812.102. PROCEDURE FOR WITHDRAWAL.  A member initiates 
a withdrawal of contributions by filing an application for a refund 
with the retirement system or the agency or department with which 
the member holds or most recently held a position.

Acts 1981, 67th Leg., p. 1876, ch. 453, § 1, eff. Sept. 1, 1981.  
Renumbered from Vernon's Ann.Civ.St. Title 110B, § 22.102 by 
Acts 1989, 71st Leg., ch. 179, § 1, eff. Sept. 1, 1989.


	§ 812.103. EFFECT OF WITHDRAWAL.  A withdrawal of 
contributions cancels a member's service credit and terminates the 
person's membership in, and all rights to benefits from, each class 
from which the withdrawal is made.

Acts 1981, 67th Leg., p. 1876, ch. 453, § 1, eff. Sept. 1, 1981.  
Renumbered from Vernon's Ann.Civ.St. Title 110B, § 22.103 and 
amended by Acts 1989, 71st Leg., ch. 179, § 1, eff. Sept. 1, 
1989.


	§ 812.104. DEPOSITS REFUNDABLE.  (a) Except as provided 
by Subsection (c), deposits representing interest or membership 
fees that are required of a member to establish service credit under 
Section 813.202, 813.302, 813.402, or 813.502 are not refundable.
	(b)  Deposits representing accumulated contributions are 
refundable to the member on application for a refund made as 
provided by Section 812.102.
	(c)  At the time a service retirement, disability 
retirement, or death benefit annuity becomes payable, the 
retirement system shall refund any contributions, interest, or 
membership fees used to establish service credit that is not used in 
computing the amount of the annuity.

Acts 1981, 67th Leg., p. 1876, ch. 453, § 1, eff. Sept. 1, 1981.  
Renumbered from Vernon's Ann.Civ.St. Title 110B, § 22.104 and 
amended by Acts 1989, 71st Leg., ch. 179, § 1, eff. Sept. 1, 
1989.  Amended by Acts 1999, 76th Leg., ch. 1541, § 5, eff. Sept. 
1, 1999.

SUBCHAPTER C. RESUMPTION OF STATE SERVICE BY A RETIREE


	§ 812.201. ELIGIBILITY FOR RETIREMENT SYSTEM 
MEMBERSHIP.  (a) Except as provided by Subsection (c), a retiree 
may not rejoin the retirement system as a member of the class from 
which the person retired.
	(b)  A retiree who takes a position not included in a 
membership class from which the retiree receives retirement benefit 
payments:
		(1)  is required to become or remain a member if the 
position is included in the employee class;  or
		(2)  may elect to become or remain a member if the 
position is included in the elected class.
	(c)  A person who is retired from the elected class of 
membership and who again holds a position included in that class may 
elect to become a member again by filing notice with the retirement 
system.  Except as provided by Section 812.203(e), when benefit 
payments are resumed, the retirement system shall recompute the 
annuity selected at the time of the person's original retirement to 
include the additional service established during membership under 
this subsection.

Acts 1981, 67th Leg., p. 1876, ch. 453, § 1, eff. Sept. 1, 1981.  
Amended by Acts 1983, 68th Leg., p. 2092, ch. 383, § 1, eff. June 
17, 1983.  Renumbered from Vernon's Ann.Civ.St. Title 110B, § 
22.201 and amended by Acts 1989, 71st Leg., ch. 179, § 1, eff. 
Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 850, § 2, 
eff. Sept. 1, 1991.


	§ 812.202. BENEFITS NOT AFFECTED.  (a) The payment of 
benefits to a retiree is not affected by:
		(1)  the retiree's taking a position included in a class 
of membership other than a class from which the person retired;  or
		(2)  the retiree's serving the state as an independent 
contractor.          
	(b)  The payment of benefits to a retiree for service 
credited in the employee class of membership is not affected by the 
retiree's taking a position included in the employee class.

Acts 1981, 67th Leg., p. 1876, ch. 453, § 1, eff. Sept. 1, 1981.  
Renumbered from Vernon's Ann.Civ.St. Title 110B, § 22.202 by 
Acts 1989, 71st Leg., ch. 179, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1991, 72nd Leg., ch. 850, § 3, eff. Sept. 1, 1991;  Acts 
2001, 77th Leg., ch. 715, § 1, eff. Sept. 1, 2001.


	§ 812.203. BENEFITS AFFECTED.  (a) If a retiree takes the 
oath for a position included in the elected class of membership, the 
retirement system shall suspend annuity payments to the person for 
service that was credited in that class, until the person no longer 
holds that position.
	(b)  Time during which annuity payments are suspended as 
provided by this section does not reduce the number of months 
payments are to be made under an optional benefit selection 
providing for a specific amount of benefits for a guaranteed number 
of months after retirement.
	(c)  If a member who originally retired with service credited 
at the time of that retirement only in the elected class of 
membership again retires, the person at the time of subsequent 
retirement may select an annuity based on service in the elected 
class as if the person were retiring for the first time.  If the 
person selects an annuity under Section 814.108(c)(3) or (c)(4), 
the retirement system shall reduce the number of months of 
guaranteed payment by the number of months for which an annuity was 
paid under the person's original retirement.

Acts 1981, 67th Leg., p. 1876, ch. 453, § 1, eff. Sept. 1, 1981.  
Amended by Acts 1981, 67th Leg., 1st C.S., p. 199, ch. 18, § 11, 
eff. Nov. 10, 1981;  Acts 1983, 68th Leg., p. 2092, ch. 383, § 2, 
eff. June 17, 1983.  Renumbered from Vernon's Ann.Civ.St. Title 
110B, § 22.203 and amended by Acts 1989, 71st Leg., ch. 179, § 
1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 850, 
§ 4, eff. Sept. 1, 1991;  Acts 2001, 77th Leg., ch. 715, § 
3(2), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1111, § 13, 
eff. Sept. 1, 2003.


	§ 812.204. NOTICE.  (a) Before a retiree begins work in a 
position included in the employee class of membership, the retiree 
and the head of the department, commission, board, agency, or 
institution at which the retiree will resume state service each 
shall notify the retirement system in writing of the retiree's 
name, the taking of a position, and the projected dates of service.
	(b)  Before a retiree from the elected class of membership 
takes the oath of office for a position included in that class, the 
retiree shall notify the retirement system in writing of the taking 
of a position and the projected dates of service.

Acts 1981, 67th Leg., p. 1876, ch. 453, § 1, eff. Sept. 1, 1981.  
Renumbered from Vernon's Ann.Civ.St. Title 110B, § 22.204 by 
Acts 1989, 71st Leg., ch. 179, § 1, eff. Sept. 1, 1989.