2005 Texas Government Code CHAPTER 837. MEMBERSHIP

GOVERNMENT CODE

CHAPTER 837. MEMBERSHIP

SUBCHAPTER A. MEMBERSHIP


	§ 837.001. ELIGIBILITY FOR MEMBERSHIP.  (a) Except as 
provided by Subsection (b), membership in the retirement system is 
limited to persons who have never been eligible for membership in 
the Judicial Retirement System of Texas or the Judicial Retirement 
System of Texas Plan One and who at any time on or after the 
effective date of this Act are judges, justices, or commissioners 
of:
		(1)  the supreme court;                                                       
		(2)  the court of criminal appeals;                                           
		(3)  a court of appeals;                                                      
		(4)  a district court;  or                                                    
		(5)  a commission to a court specified in this 
subsection.                  
	(b)  Except as provided by Section 837.101, membership in the 
retirement system includes persons who are appointed under 
Subchapter C of Chapter 75  and who have never been members of the 
Judicial Retirement System of Texas or the Judicial Retirement 
System of Texas Plan One.  A member appointed under that Act is a 
judicial officer for purposes of this subtitle.
	(c)  Membership in the retirement system is mandatory for 
eligible persons.  
	(d)  Membership in the retirement system begins on the first 
day an eligible person holds a judicial office specified in 
Subsection (a).

Added by Acts 1985, 69th Leg., ch. 602, § 1, Sept. 1, 1985.  
Renumbered from Vernon's Ann.Civ.St. Title 110B, § 72.001 and 
amended by Acts 1989, 71st Leg., ch. 179, § 1, eff. Sept. 1, 
1989.


	§ 837.002. TERMINATION OF MEMBERSHIP.  A person's 
membership in the retirement system is terminated by:
		(1)  death of the person;                                                     
		(2)  retirement based on service credited in the 
retirement system;         
		(3)  withdrawal of all of the person's accumulated 
contributions;  or       
		(4)  transfer of the person's accumulated contributions 
under Section 840.401(f).

Added by Acts 1985, 69th Leg., ch. 602, § 1, Sept. 1, 1985.  
Renumbered from Vernon's Ann.Civ.St. Title 110B, § 72.002 and 
amended by Acts 1989, 71st Leg., ch. 179, § 1, eff. Sept. 1, 
1989.


	§ 837.003. WITHDRAWAL OF CONTRIBUTIONS.  (a) If a member 
resigns a judicial office or otherwise ceases to be a judicial 
officer, the member may withdraw all of the member's accumulated 
contributions in the retirement system.
	(b)  A withdrawal of contributions cancels the person's 
service credit in the retirement system and terminates the person's 
rights to benefits based on the credit.
	(c)  A member initiates a withdrawal of contributions by 
filing an application for a refund with the retirement system.
	(d)  Deposits representing interest or membership fees that 
are required of a member to establish service credit under Section 
838.102 or 838.103 are not refundable.

Added by Acts 1985, 69th Leg., ch. 602, § 1, Sept. 1, 1985.  
Renumbered from Vernon's Ann.Civ.St. Title 110B, § 72.003 and 
amended by Acts 1989, 71st Leg., ch. 179, § 1, eff. Sept. 1, 
1989.

SUBCHAPTER B. RESUMPTION OF JUDICIAL SERVICE BY RETIREE


	§ 837.101. JUDICIAL ASSIGNMENT.  A retiree who makes an 
election under Subchapter C of Chapter 74  or who is appointed under 
Subchapter C of Chapter 75  may not rejoin or receive credit in the 
retirement system for the period of an appointment or for any 
service performed under assignment.

Added by Acts 1985, 69th Leg., ch. 602, § 1, Sept. 1, 1985.  
Renumbered from Vernon's Ann.Civ.St. Title 110B, § 72.101 and 
amended by Acts 1989, 71st Leg., ch. 179, § 1, eff. Sept. 1, 
1989.


	§ 837.102. RESUMPTION OF FULL-TIME JUDICIAL SERVICE.  (a) 
A retiree who resumes service as a judicial officer other than by 
appointment or assignment described in Section 837.101 may not 
rejoin or receive credit in the retirement system for the resumed 
service.
	(b)  The retirement system shall suspend annuity payments to 
a retiree who resumes service described by this section.  A 
suspension of payments begins on the date a retiree takes the oath 
of office and ends on a date when:
		(1)  the retiree no longer holds the office;  and                             
		(2)  the retiree, or the retiree's beneficiary if the 
retiree has died, has applied to the retirement system for 
resumption of payments.
	(c)  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 plan providing for 
a specific amount of benefits for a guaranteed number of months 
after retirement.
	(d)  Before a retiree takes the oath of office for a position 
as a judicial officer other than under appointment or assignment 
described by Section 837.101, the retiree shall notify the 
retirement system in writing of the resumption of office and the 
projected dates of service.

Added by Acts 1985, 69th Leg., ch. 602, § 1, Sept. 1, 1985.  
Renumbered from Vernon's Ann.Civ.St. Title 110B, § 72.102 and 
amended by Acts 1989, 71st Leg., ch. 179, § 1, eff. Sept. 1, 
1989.