Bill Text: TX HB2384 | 2019-2020 | 86th Legislature | Engrossed

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Bill Title: Relating to judicial compensation and assignment, the contributions to, benefits from, membership in, and administration of the Judicial Retirement System of Texas Plan One and Plan Two, and the compensation and retirement benefits of certain prosecutors and other members of the elected class of the Employees Retirement System of Texas.

Spectrum: Slight Partisan Bill (Republican 5-2)

Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB2384 Detail]

Download: Texas-2019-HB2384-Engrossed.html
 
 
  By: Leach, Hunter, Flynn, Clardy H.B. No. 2384
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to judicial compensation and assignment, the
  contributions to, benefits from, membership in, and administration
  of the Judicial Retirement System of Texas Plan One and Plan Two,
  and the compensation and retirement benefits of certain prosecutors
  and other members of the elected class of the Employees Retirement
  System of Texas.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 201.105(a), Family Code, is amended to
  read as follows:
         (a)  An associate judge appointed under this subchapter is
  entitled to a salary in the amount equal to [be determined by a
  majority vote of the presiding judges of the administrative
  judicial regions. The salary may not exceed] 90 percent of the
  state base salary paid to a district judge as set by the General
  Appropriations Act in accordance with Section 659.012(a),
  Government Code.
         SECTION 2.  Section 201.205(a), Family Code, is amended to
  read as follows:
         (a)  An associate judge appointed under this subchapter is
  entitled to a salary in the amount equal to [as determined by a
  majority vote of the presiding judges of the administrative
  judicial regions. The salary may not exceed] 90 percent of the
  state base salary paid to a district judge as set by the [state]
  General Appropriations Act in accordance with Section 659.012(a),
  Government Code.
         SECTION 3.  Section 25.0005, Government Code, is amended by
  amending Subsection (a) and adding Subsections (a-1) and (a-2) to
  read as follows:
         (a)  A statutory county court judge, other than a statutory
  county court judge who engages in the private practice of law, shall
  be paid a total annual salary set by the commissioners court at an
  amount that is not less than $1,000 less than the sum of the [total]
  annual salary as set by the General Appropriations Act in
  accordance with Section 659.012 paid to [received by] a district
  judge with comparable years of service as the statutory county
  court judge and any state or county [in the county. A district
  judge's or statutory county court judge's total annual salary
  includes] contributions and supplements paid to a district judge in
  the county, [paid by the state or a county,] other than
  contributions received as compensation under Section 74.051. A
  statutory county court judge's total annual salary includes any
  state or county contributions and supplements paid to the judge.
  For purposes of this subsection, the years of service of a statutory
  county court judge include any years of service as an appellate
  court, district court, multicounty statutory county court, or
  statutory probate court justice or judge or as a justice of the
  peace.
         (a-1)  The minimum salary prescribed by Subsection (a) that
  is to be based on the annual salary of a district judge under
  Section 659.012(b) becomes effective on the first day of the
  county's fiscal year following the date the statutory county court
  judge accrues the years of service required for an increase in
  salary under Subsection (a).
         (a-2)  Notwithstanding Subsection (a), the maximum annual
  salary of a statutory county court judge is $1,000 less than the sum
  of the annual salary as set by the General Appropriations Act in
  accordance with Section 659.012(b)(3) paid to a district judge and
  any longevity pay received by the district judge in accordance with
  Section 659.0445(d).
         SECTION 4.  Section 25.0015, Government Code, is amended to
  read as follows:
         Sec. 25.0015.  STATE CONTRIBUTION. [(a)] Beginning on the
  first day of the state fiscal year, the state shall annually
  compensate each county in an amount equal to 60 percent of the state
  annual salary as set by the General Appropriations Act in
  accordance with Section 659.012 paid to [of] a district [court]
  judge with comparable years of service [in the county] for each
  statutory county court judge in the county who:
               (1)  does not engage in the private practice of law; and
               (2)  presides over a court with at least the
  jurisdiction provided by Section 25.0003.
         SECTION 5.  Section 25.00211(a), Government Code, is amended
  to read as follows:
         (a)  Beginning on the first day of the state fiscal year, the
  state shall annually compensate each county that collects the
  additional fees under Section 51.704 in an amount equal to 60
  percent of the state annual salary as set by the General
  Appropriations Act in accordance with Section 659.012 paid to a
  district judge with comparable years of service [$40,000] for each
  statutory probate court judge in the county.
         SECTION 6.  Section 25.0023, Government Code, is amended by
  amending Subsection (a) and adding Subsections (a-1) and (a-2) to
  read as follows:
         (a)  The commissioners court shall set the total annual
  salary of each judge of a statutory probate court at an amount that
  is at least equal to the sum of the [total] annual salary as set by
  the General Appropriations Act in accordance with Section 659.012
  paid to [received by] a district judge with comparable years of
  service as the statutory probate court judge and any state or county
  [in the county. A district judge's or statutory probate court
  judge's total annual salary includes] contributions and
  supplements paid to a district judge in the county [by the state or
  a county], other than contributions received as compensation under
  Section 74.051 [25.0022(e)]. A statutory probate court judge's
  total annual salary includes any state or county contributions and
  supplements paid to the judge, other than contributions paid under
  Section 25.0022(e). For purposes of this subsection, the years of
  service of a statutory probate court judge include any years of
  service as an appellate court, district court, multicounty
  statutory county court, or statutory county court justice or judge
  or as a justice of the peace.
         (a-1)  The minimum salary prescribed by Subsection (a) that
  is to be based on the annual salary of a district judge under
  Section 659.012(b) becomes effective on the first day of the
  county's fiscal year following the date the judge accrues the years
  of service required for an increase in salary under Subsection (a).
         (a-2)  Notwithstanding Subsection (a), the maximum annual
  salary of a statutory probate court judge is $1,000 less than the
  sum of the annual salary as set by the General Appropriations Act in
  accordance with Section 659.012(b)(3) paid to a district judge and
  any longevity pay received by the district judge in accordance with
  Section 659.0445(d).
         SECTION 7.  Section 25.2607(d), Government Code, is amended
  to read as follows:
         (d)  Notwithstanding Section 25.0015, the state shall
  annually compensate the administrative county of a multicounty
  statutory county court for the salary of the judge of the
  multicounty statutory county court in an amount equal to 100
  percent of the state annual salary as set by the General
  Appropriations Act in accordance with Section 659.012 paid to [of]
  a district [court] judge with comparable years of service as [in the
  county for the salary of] the judge of the multicounty statutory
  county court.
         SECTION 8.  Section 26.006, Government Code, is amended to
  read as follows:
         Sec. 26.006.  SALARY SUPPLEMENT FROM STATE FOR [CERTAIN]
  COUNTY JUDGES. (a) A county judge is entitled to an annual salary
  supplement from the state in an amount equal to 18 percent of the
  state base salary paid to [annual compensation provided for] a
  district judge as set by [in] the General Appropriations Act in
  accordance with Section 659.012(a) [if at least 40 percent of the
  functions that the judge performs are judicial functions].
         (b)  [To receive a supplement under Subsection (a), a county
  judge must file with the comptroller's judiciary section an
  affidavit stating that at least 40 percent of the functions that the
  judge performs are judicial functions.
         [(c)]  The commissioners court of [in] a county [with a
  county judge who is entitled to receive a salary supplement under
  this section] may not reduce the county funds provided for the
  salary or office of the county judge as a result of the salary
  supplement required by this section.
         SECTION 9.  Section 41.013, Government Code, is amended to
  read as follows:
         Sec. 41.013.  COMPENSATION OF CERTAIN PROSECUTORS. Except
  as otherwise provided by law, a district attorney or criminal
  district attorney is entitled to receive from the state annual
  compensation in an amount equal to at least 80 percent of the state
  annual salary as set by [compensation provided for a district judge
  in] the General Appropriations Act in accordance with Section
  659.012 paid to a district judge with comparable years of service as
  the district attorney or criminal district attorney.
         SECTION 10.  Section 46.001(2), Government Code, is amended
  to read as follows:
               (2)  "Benchmark salary" means the state annual salary
  as set by [that is provided for a district judge in] the General
  Appropriations Act in accordance with Section 659.012 paid to a
  district judge with comparable years of service as the county
  prosecutor.
         SECTION 11.  Section 46.003(a), Government Code, is amended
  to read as follows:
         (a)  The state prosecuting attorney and each state
  prosecutor is entitled to receive from the state a salary in an
  amount [compensation] equal to the state annual salary as set by
  [compensation that is provided for a district judge in] the General
  Appropriations Act in accordance with Section 659.012 paid to a
  district judge with comparable years of service as the state
  prosecuting attorney or state prosecutor.
         SECTION 12.  Section 46.0031(d), Government Code, is amended
  to read as follows:
         (d)  At least annually the comptroller shall pay to the
  salary fund of each county that is entitled to receive funds under
  this section an amount authorized under this section to supplement
  the salary of the county prosecutor. For purposes of calculating
  that amount, the comptroller shall use the benchmark salary
  applicable to the county prosecutor on September 1 of the state
  fiscal year in which the payment is made.
         SECTION 13.  Section 54.653(b), Government Code, is amended
  to read as follows:
         (b)  The salary of a full-time magistrate may not exceed an
  amount equal to 90 percent of the sum of:
               (1)  the state base salary paid to a district judge as
  set by the General Appropriations Act in accordance with [by the
  state under] Section 659.012(a) [659.012]; and
               (2)  the maximum amount of county contributions and
  supplements allowed by law to be paid to a district judge under
  Section 659.012.
         SECTION 14.  Sections 74.003(b), (c), and (e), Government
  Code, are amended to read as follows:
         (b)  The chief justice of the supreme court may assign a
  qualified former or retired justice or judge of the supreme court,
  of the court of criminal appeals, or of a court of appeals to a court
  of appeals for active service regardless of whether a vacancy
  exists in the court to which the justice is assigned. To be
  eligible for assignment under this subsection, a former or retired
  justice or judge must:
               (1)  have served as an active justice or judge for at
  least 96 months in a district, statutory probate, statutory county,
  or appellate court, with at least 48 of those months in an appellate
  court;
               (2)  not have been removed from office;
               (3)  certify under oath to the chief justice of the
  supreme court, on a form prescribed by the chief justice, that:
                     (A)  the justice or judge has never been publicly
  reprimanded or censured by the State Commission on Judicial
  Conduct; and
                     (B)  the justice or judge:
                           (i)  did not resign or retire from office
  after the State Commission on Judicial Conduct notified the justice
  or judge of the commencement of a full investigation into an
  allegation or appearance of misconduct or disability of the justice
  or judge as provided in Section 33.022 and before the final
  disposition of that investigation; or
                           (ii)  if the justice or judge did resign from
  office under circumstances described by Subparagraph (i), the
  justice or judge was not publicly reprimanded or censured as a
  result of the investigation;
               (4)  annually demonstrate that the justice or judge has
  completed in the past state fiscal year the educational
  requirements for active appellate court justices or judges; and
               (5)  certify to the chief justice of the supreme court a
  willingness not to appear and plead as an attorney in any court in
  this state for a period of two years.
         (c)  An active, former, or retired justice or judge assigned
  as provided by this section out of the county of the justice's or
  judge's [his] residence is entitled to receive the same expenses
  and per diem as those allowed a district judge assigned as provided
  by Subchapter C. The state shall pay the expenses and per diem on
  certificates of approval by the chief justice of the supreme court
  or the chief justice of the court of appeals to which the justice or
  judge is assigned. The compensation authorized by this subsection
  is in addition to all other compensation authorized by law.
         (e)  A retired justice or judge assigned as provided by this
  section is entitled to receive, pro rata for the time serving on
  assignment, from money appropriated from the general revenue fund
  for that purpose, an amount equal to the compensation received from
  state and county sources by a justice of the court of appeals to
  which assigned. A former justice or judge assigned as provided by
  this section is entitled to receive, pro rata for the time serving
  on assignment, from money appropriated from the general revenue
  fund for that purpose, an amount equal to the compensation from the
  state received by a justice of the court of appeals to which
  assigned, and from county sources, an amount equal to the
  compensation received from county sources by a justice of the court
  of appeals to which assigned.  For purposes of determining the
  amount to be paid to a former or retired justice or judge under this
  subsection, the compensation received from the state by a justice
  of the court of appeals to which the retired justice or judge is
  assigned is the amount equal to the state base salary paid to a
  justice of that court of appeals as set by the General
  Appropriations Act in accordance with Section 659.012(a).
         SECTION 15.  Sections 74.051(b) and (c), Government Code,
  are amended to read as follows:
         (b)  Except as provided by Subsection (c), a presiding judge
  shall receive a salary in an amount not to exceed 30 percent of the
  state base salary paid to a district judge as set by the General
  Appropriations Act in accordance with Section 659.012(a) [$33,000 a
  year]. The Texas Judicial Council shall set the salary biennially
  and, in arriving at the amount of the salary, shall consider whether
  the presiding judge is active in administrative duties, performs
  part time, or is a retired judge. The salary set by the Texas
  Judicial Council shall be apportioned to each county in the region
  according to the population of the counties in [comprising] the
  region and shall be paid through the county budget process.
         (c)  A presiding judge who is a retired or former district
  judge or a retired appellate judge and who presides over an
  administrative region with 30 or more district courts, statutory
  county courts, and retired and former judges named on the list
  maintained under Section 74.055 for the administrative region is
  entitled to an annual salary for each fiscal year in an amount equal
  to [as follows]:
         Number of Courts and Judges     Salary
              30 to 49                  30 percent of the state base
  salary paid to a district
  judge as set by the General
  Appropriations Act in
  accordance with Section
  659.012(a) [$35,000]
              50 to 69                  35 percent of the state base
  salary paid to a district
  judge as set by the General
  Appropriations Act in
  accordance with Section
  659.012(a) [$40,000]
              70 to 89                  40 percent of the state base
  salary paid to a district
  judge as set by the General
  Appropriations Act in
  accordance with Section
  659.012(a) [$45,000]
              90 or more                45 percent of the state base
  salary paid to a district
  judge as set by the General
  Appropriations Act in
  accordance with Section
  659.012(a) [$50,000]
         SECTION 16.  Sections 74.061(b), (h), and (i), Government
  Code, are amended to read as follows:
         (b)  While serving in a county outside the judge's [his]
  judicial district or county, an assigned [a] judge is entitled to
  receive, in addition to the assigned judge's [his] necessary
  expenses, additional compensation from the county to which the
  assigned judge [he] is assigned in an amount not to exceed the
  difference between the compensation of the assigned judge from all
  sources, exclusive of the per diem provided by Subsection (f), and
  the compensation received from all sources by the judge of the court
  to which the assigned judge [he] is assigned. If the judge of the
  court to which the assigned judge is assigned is paid an annual
  salary from the state in accordance with Section 659.012(b), the
  amount by which that annual salary exceeds the amount of the state
  base salary as set by the General Appropriations Act for the judge's
  position in accordance with Section 659.012(a) is not included in
  the compensation of the judge for purposes of determining the
  compensation of the assigned judge under this subsection. The
  county shall pay the compensation provided by this subsection on
  approval of the presiding judge of the administrative region in
  which the court to which the assigned judge is assigned is located.
         (h)  Notwithstanding Subsection (c), the salary from the
  state of a retired judge or justice assigned to a district court is
  determined pro rata based on the sum of the regular judge's salary
  from the county plus the amount of the state base salary paid to a
  district judge as set by the General Appropriations Act in
  accordance with Section 659.012(a) [greater of:
               [(1)     the regular judge's salary from the state on
  August 31, 2007; or
               [(2)     100 percent of the regular judge's salary from the
  state, as established by the General Appropriations Act for any
  fiscal year].
         (i)  Notwithstanding Subsection (d), the salary from the
  state of a former judge or justice assigned to a district court is
  determined pro rata based on the amount of the state base salary
  paid to a district judge as set by the General Appropriations Act in
  accordance with Section 659.012(a) [greater of:
               [(1)     the regular judge's salary from the state on
  August 31, 2007; or
               [(2)     100 percent of the regular judge's salary from the
  state, as established by the General Appropriations Act for any
  fiscal year].
         SECTION 17.  Section 75.016(c), Government Code, is amended
  to read as follows:
         (c)  The Commissioners Court of Travis County may set
  additional compensation to be paid to the presiding criminal judge
  by the county in any amount that does not exceed the amount the
  local administrative district judge of Travis County receives from
  this state. Notwithstanding any other law, compensation paid the
  presiding criminal judge under this subsection is not included as
  part of the judge's combined base salary from all state and county
  sources for purposes of the salary limitations provided by Section
  659.012.
         SECTION 18.  Section 659.012, Government Code, is amended to
  read as follows:
         Sec. 659.012.  JUDICIAL SALARIES. (a) Notwithstanding
  Section 659.011 and subject to Subsections (b) and (b-1):
               (1)  a judge of a district court is entitled to an
  annual base salary from the state as set by the General
  Appropriations Act in an amount equal to [of] at least $140,000
  [$125,000], except that the combined base salary of a district
  judge from all state and county sources, including compensation for
  any extrajudicial services performed on behalf of the county, may
  not exceed the amount that is $5,000 less than the maximum combined
  base salary from all state and county sources [provided] for a
  justice of a court of appeals other than a chief justice as
  determined under this subsection;
               (2)  a justice of a court of appeals other than the
  chief justice is entitled to an annual base salary from the state in
  the amount [that is] equal to 110 percent of the state base salary
  of a district judge as set by the General Appropriations Act, except
  that the combined base salary of a justice of the court of appeals
  other than the chief justice from all state and county sources,
  including compensation for any extrajudicial services performed on
  behalf of the county, may not exceed the amount that is $5,000 less
  than the base salary [provided] for a justice of the supreme court
  as determined under this subsection;
               (3)  a justice of the supreme court other than the chief
  justice or a judge of the court of criminal appeals other than the
  presiding judge is entitled to an annual base salary from the state
  in the amount [that is] equal to 120 percent of the state base
  salary of a district judge as set by the General Appropriations Act;
  and
               (4)  the chief justice or presiding judge of an
  appellate court is entitled to an annual base salary from the state
  in the amount equal to [that is] $2,500 more than the state base
  salary provided for the other justices or judges of the court,
  except that the combined base salary of the chief justice of a court
  of appeals from all state and county sources may not exceed the
  amount equal to [that is] $2,500 less than the base salary
  [provided] for a justice of the supreme court as determined under
  this subsection.
         (b)  A judge or justice for whom the amount of a state base
  salary is prescribed by Subsection (a) is entitled to an annual
  salary from the state in the amount equal to:
               (1)  110 percent of the state base salary paid in
  accordance with Subsection (a) for the judge's or justice's
  position, beginning with the pay period that begins after the judge
  or justice accrues four years of:
                     (A)  contributing service credit in the Judicial
  Retirement System of Texas Plan One, the Judicial Retirement System
  of Texas Plan Two, or the Employees Retirement System of Texas as a
  member of the elected class;
                     (B)  service as a judge of a statutory county
  court, multicounty statutory county court, or statutory probate
  court; or
                     (C)  combined contributing service credit and
  service as provided by Paragraphs (A) and (B);
               (2)  120 percent of the state base salary paid in
  accordance with Subsection (a) for the judge's or justice's
  position, beginning with the pay period that begins after the judge
  or justice accrues eight years of:
                     (A)  contributing service credit in the Judicial
  Retirement System of Texas Plan One, the Judicial Retirement System
  of Texas Plan Two, or the Employees Retirement System of Texas as a
  member of the elected class;
                     (B)  service as a judge of a statutory county
  court, multicounty statutory county court, or statutory probate
  court; or
                     (C)  combined contributing service credit and
  service as provided by Paragraphs (A) and (B); and
               (3)  130 percent of the state base salary paid in
  accordance with Subsection (a) for the judge's or justice's
  position, beginning with the pay period that begins after the judge
  or justice accrues 12 years of:
                     (A)  contributing service credit in the Judicial
  Retirement System of Texas Plan One, the Judicial Retirement System
  of Texas Plan Two, or the Employees Retirement System of Texas as a
  member of the elected class;
                     (B)  service as a judge of a statutory county
  court, multicounty statutory county court, or statutory probate
  court; or
                     (C)  combined contributing service credit and
  service as provided by Paragraphs (A) and (B).
         (b-1)  A limitation on the combined base salary from all
  state and county sources prescribed by Subsection (a)(1) or (2)
  applies to a judge or justice to whom Subsection (b) applies, except
  that the amount by which the annual salary from the state paid to
  the judge or justice in accordance with Subsection (b) exceeds the
  amount of the state base salary for the judge's or justice's
  position set by the General Appropriations Act in accordance with
  Subsection (a) is not included as part of the judge's or justice's
  combined base salary from all state and county sources for purposes
  of determining whether the judge's or justice's salary exceeds the
  limitation.
         (c)  To the extent of any conflict, the salary limitations
  provided by Subsection (a) [this section] for the combined base
  salary of a state judge or justice from state and local sources
  prevail [prevails] over any provision of Chapter 31 or 32 that
  authorizes the payment of additional compensation to a state judge
  or justice.
         (d)  Notwithstanding any other provision in this section or
  other law, in a county with more than five district courts, a
  district judge who serves as a local administrative district judge
  under Section 74.091 is entitled to an annual base salary from the
  state in the amount equal to [that is] $5,000 more than the maximum
  salary from the state to which the judge is otherwise entitled under
  Subsection (a) or (b).
         (e)  For the purpose of salary payments by the state, the
  comptroller shall determine from sworn statements filed by the
  justices of the courts of appeals and district judges that the
  required salary limitations provided by Subsection (a) [this
  section] are maintained. If the state base [a] salary for a judge
  or justice prescribed by Subsection (a) combined with additional
  compensation from a county would exceed [be in excess of] the
  limitations provided by Subsection (a) [this section], the
  comptroller shall reduce the [state] salary payment made by the
  state by the amount of the excess.
         (f)  For purposes of Subsection (b), "contributing service
  credit" means service credit established in the:
               (1)  Judicial Retirement System of Texas Plan One under
  Section 833.101 or 833.106 for each month of service in which the
  member held a judicial office described by Section 832.001(a),
  including service credit established under either section that was
  previously canceled but reestablished under Section 833.102;
               (2)  Judicial Retirement System of Texas Plan Two under
  Section 838.101 or 838.106 for each month of service in which the
  member held a judicial office described by Section 837.001(a),
  including service credit established under either section that was
  previously canceled but reestablished under Section 838.102; or
               (3)  Employees Retirement System of Texas as a member
  of the elected class under Section 813.201 or 813.402 for each month
  of service in which the member held a position described by Section
  812.002(a), including service credit established under either
  section that was previously canceled but reestablished under
  Section 813.102.
 
         SECTION 19.  Section 659.0125(c), Government Code, is
  amended to read as follows:
         (c)  A former or retired judge or justice appointed to an MDL
  pretrial court, as defined by Section 90.001, Civil Practice and
  Remedies Code, is entitled to receive the same compensation and
  benefits to which a former or retired judge or justice assigned to a
  district court under Chapter 74 or Section 75.003 [district judge]
  is entitled under Section 74.061.
         SECTION 20.  Section 814.103, Government Code, is amended to
  read as follows:
         Sec. 814.103.  SERVICE RETIREMENT BENEFITS FOR ELECTED CLASS
  SERVICE. (a) Except as provided by Subsection (a-1) or (b), the
  standard service retirement annuity for service credited in the
  elected class of membership is an amount equal to the number of
  years of service credit in that class, times 2.3 [two] percent of
  the state base salary, excluding longevity pay payable under
  Section 659.0445 and as adjusted from time to time, being paid to a
  district judge as set by the General Appropriations Act in
  accordance with Section 659.012(a).
         (a-1)  Except as provided by Subsection (b), the standard
  service retirement annuity for service credited in the elected
  class of membership for a member of the class under Section
  812.002(a)(3) whose effective date of retirement is on or after
  September 1, 2019, is an amount equal to the number of years of
  service credit in that class, times 2.3 percent of the state salary,
  excluding longevity pay payable under Section 659.0445 and as
  adjusted from time to time, being paid in accordance with Section
  659.012 to a district judge who has the same number of years of
  contributing service credit as the member on the member's last day
  of service as a district or criminal district attorney, as
  applicable.
         (b)  The standard service retirement annuity for service
  credited in the elected class may not exceed at any time 100 percent
  of the state salary of [being paid] a district judge on which the
  annuity is based under Subsection (a) or (a-1), as applicable.
         (c)  For purposes of this section, "contributing service
  credit" with respect to:
               (1)  a member means service credit established in the
  elected class under Section 813.201 or 813.402 for each month of
  service in which the member held a position described by Section
  812.002(a)(3), including service credit established under either
  section that was previously canceled but reestablished under
  Section 813.102; and
               (2)  a district judge has the meaning assigned by
  Section 659.012(f).
         SECTION 21.  Section 815.204(c), Government Code, is amended
  to read as follows:
         (c)  The medical board shall:
               (1)  review all medical examinations required by this
  subtitle and Subtitle D;
               (2)  investigate essential statements and certificates
  made by or on behalf of a member of the retirement system in
  connection with an application for disability retirement; and
               (3)  report in writing to the executive director its
  conclusions and recommendations on all matters referred to it.
         SECTION 22.  Section 834.001, Government Code, is amended to
  read as follows:
         Sec. 834.001.  TYPES OF BENEFITS. The types of benefits
  payable by the retirement system are:
               (1)  service retirement benefits; and
               (2)  [disability retirement benefits; and
               [(3)]  death benefits.
         SECTION 23.  Section 834.002, Government Code, is amended to
  read as follows:
         Sec. 834.002.  APPLICATION FOR RETIREMENT. A member may
  apply for service [or disability] retirement by filing an
  application for retirement with the board of trustees before the
  date the member wishes to retire.
         SECTION 24.  Sections 834.102(a) and (d), Government Code,
  are amended to read as follows:
         (a)  The base service retirement annuity is an amount equal
  to 50 percent of the state salary, as adjusted from time to time,
  being paid in accordance with Section 659.012(b)(3) to a judge of a
  court of the same classification as the court on which the retiree
  last served before retirement.
         (d)  The service retirement annuity of a person qualifying
  for retirement under Section 834.101(b) is an amount computed as a
  percentage of the state salary, as adjusted from time to time, being
  paid in accordance with Section 659.012(b)(3) to a judge of a court
  of the same classification as the court on which the retiree last
  served before retirement, according to the following schedule:
 
percentage
 
age at retirement of state salary
 
at least 60 but less than 61 40   percent
 
at least 61 but less than 62 41.7 percent
 
at least 62 but less than 63 43.6 percent
 
at least 63 but less than 64 45.6 percent
 
at least 64 but less than 65 47.7 percent
         SECTION 25.  Section 834.304(c), Government Code, is amended
  to read as follows:
         (c)  A death benefit may not be paid under this section if an
  optional retirement annuity has been selected as provided by
  Section 834.103 [or 834.203].
         SECTION 26.  Section 835.1015(b), Government Code, is
  amended to read as follows:
         (b)  A member who elects to make contributions under
  Subsection (a) shall contribute at the member contribution rate
  required under Section 840.102(a) multiplied by [six percent of]
  the member's state compensation for each payroll period in the
  manner provided by Sections 835.101(a) and (b).
         SECTION 27.  Section 839.102(a), Government Code, as amended
  by Chapters 1033 (H.B. 1114) and 1203 (H.B. 617), Acts of the 79th
  Legislature, Regular Session, 2005, is  reenacted and amended to
  read as follows:
         (a)  Except as provided by Subsections (b), (c), (d), and
  (f), the standard service retirement annuity is an amount equal to
  50 percent of the state annual salary as set by the General
  Appropriations Act in accordance with Section 659.012 being paid
  [at the time the member retires] to a judge of a court of the same
  classification as the last court to which the retiring member held
  judicial office who has the same number of years of contributing
  service credit as the member on the member's last day of service on
  the court [was elected or appointed].
         SECTION 28.  Section 839.102, Government Code, is amended by
  adding Subsections (b-1), (g), and (h) and amending Subsection (c)
  to read as follows:
         (b-1)  If a member who is otherwise eligible to retire under
  Section 839.101 retires because the member is required to vacate
  the member's judicial office under Section 1-a(1), Article V, Texas
  Constitution, the applicable state annual salary under Subsection
  (a) or (c) includes any increase in the state annual salary
  authorized by legislation that takes effect on or before the one
  year anniversary of the member's effective date of retirement,
  including H.B. 2384, 86th Legislature, Regular Session, 2019. The
  retirement system shall recompute the annuity of a person subject
  to this subsection and the recomputed annuity becomes payable
  beginning with the first annuity payable on or after the date the
  increase in the applicable state annual salary takes effect.
         (c)  The standard service retirement annuity of a person
  qualifying for retirement under Section 839.101(b) is an amount
  computed, according to the following schedule, as a percentage of
  the state annual salary as set by the General Appropriations Act in
  accordance with Section 659.012 being paid [at the time the member
  retires] to a judge of a court of the same classification as the
  last court to which the retiring member held judicial office who has
  the same number of years of contributing service credit as the
  member on the member's last day of service on the court [was elected
  or appointed, according to the following schedule]:
 
age at retirement   percentage of state salary
 
at least 60 but less than 61 40   percent
 
at least 61 but less than 62 41.7 percent
 
at least 62 but less than 63 43.6 percent
 
at least 63 but less than 64 45.6 percent
 
at least 64 but less than 65  47.7 percent.
         (g)  The salary earned by a person as a visiting judge under
  Chapter 74 may not be used to determine the person's service
  retirement annuity under this section.
         (h)  For purposes of this section, "contributing service
  credit" has the meaning assigned by Section 659.012(f).
         SECTION 29.  Sections 839.201(a) and (b), Government Code,
  are amended to read as follows:
         (a)  A member, other than a member who is eligible to receive
  a service retirement annuity under Section 839.101, is eligible,
  regardless of age, to retire from regular active service for
  disability and receive a disability retirement annuity if the
  member has at least seven years of service credit in the retirement
  system.
         (b)  A member otherwise eligible may not receive a disability
  retirement annuity if the member is an active judge, as defined by
  Section 74.041 [unless the chief justice of the supreme court and
  the medical board certify that the member is mentally or physically
  incapacitated for the further performance of regular judicial
  duties].
         SECTION 30.  Section 839.202, Government Code, is amended to
  read as follows:
         Sec. 839.202.  APPLICATION FOR DISABILITY RETIREMENT
  ANNUITY [REPORTS]. (a) A member may apply for a disability
  retirement annuity by:
               (1)  filing an application for retirement with the
  board of trustees; or
               (2)  having an application filed with the board of
  trustees by the member's spouse, employer, or legal representative
  [who applies for retirement because of physical incapacity shall
  file with the retirement system and the chief justice of the supreme
  court written reports by two physicians licensed to practice
  medicine in this state, fully reporting the claimed physical
  incapacity].
         (b)  An [The retirement system shall refer an] application
  for a disability retirement annuity may not be made:
               (1)  after the earlier of:
                     (A)  the date the retirement is to become
  effective; or
                     (B)  the second anniversary of the date the member
  ceased making contributions to the retirement system; or
               (2)  earlier than the 90th day before the date the
  retirement is to become effective [to the medical board for its
  recommendations. The medical board may require an applicant to
  submit any additional information it considers necessary to enable
  it to make its recommendations].
         (c)  An applicant for a disability retirement annuity must
  submit to a medical examination and provide other pertinent
  information as may be required by the retirement system [The chief
  justice of the supreme court may direct the retirement system to
  employ a physician under Section 840.203 or may direct the medical
  board to require additional information under Subsection (b)].
         SECTION 31.  Subchapter C, Chapter 839, Government Code, is
  amended by adding Section 839.2025 to read as follows:
         Sec. 839.2025.  DETERMINATION OF DISABILITY. (a) In
  determining whether a member is mentally or physically
  incapacitated for the further performance of regular judicial
  duties, the medical board designated under Section 840.202 may
  apply the standard prescribed by Section 814.203.
         (b)  A retiree who receives a disability retirement annuity
  under this subchapter is subject to Section 814.208 to the same
  extent as a disability retiree under that subchapter.
         SECTION 32.  Section 840.102(a), Government Code, is amended
  to read as follows:
         (a)  Except as provided by Subsections (g) and (h), each
  payroll period, a judicial officer who is a member of the retirement
  system is required to contribute 9.5[:
               [(1)  6.6] percent of the officer's state compensation
  for service rendered after [August 31, 2013, and before] September
  1, 2019 [2014;
               [(2)     6.9 percent of the officer's state compensation
  for service rendered after August 31, 2014, and before September 1,
  2015;
               [(3)     7.2 percent of the officer's state compensation
  for service rendered after August 31, 2015, and before September 1,
  2016;
               [(4)     7.5 percent of the officer's state compensation
  for service rendered after August 31, 2016; or
               [(5)     for service rendered on or after September 1,
  2017, the lesser of:
                     [(A)     7.5 percent of the officer's state
  compensation; or
                     [(B)     a percentage of the officer's state
  compensation equal to 7.5 percent reduced by one-tenth of one
  percent for each one-tenth of one percent that the state
  contribution rate for the fiscal year to which the service relates
  is less than the state contribution rate established for the 2015
  fiscal year].
         SECTION 33.  Section 1551.102(f), Insurance Code, is amended
  to read as follows:
         (f)  An individual is eligible to participate in the group
  benefits program if the individual is certified and qualified as
  disabled and receives or is eligible to receive an annuity under
  Section 814.202, 814.207, 824.302, only as to higher education,
  [834.201,] or 839.201, Government Code.
         SECTION 34.  The following provisions of the Government Code
  are repealed:
               (1)  Sections 25.2292(f) and (g);
               (2)  Section 834.003;
               (3)  Subchapter C, Chapter 834; and
               (4)  Section 840.202(c).
         SECTION 35.  (a)  Except as provided by Subsection (b) of
  this section and subject to Subsection (c) of this section, Section
  839.102, Government Code, as amended by this Act, applies to a
  retiree of the Judicial Retirement System of Texas Plan Two
  regardless of whether the person retired before, on, or after the
  effective date of this Act.
         (b)  Section 839.102(b-1), Government Code, as added by this
  Act, applies to a person regardless of whether the person retired
  before, on, or after the effective date of this Act, except the
  change in law made by that subsection applies only to a benefit
  payment made by the Judicial Retirement System of Texas Plan Two
  that becomes payable on or after the effective date of this Act.
         (c)  The board of trustees of the Employees Retirement System
  of Texas shall recompute each annuity being paid to an annuitant of
  the Judicial Retirement System of Texas Plan Two under Section
  839.102, 839.103, 839.301, or 839.302, Government Code, as if the
  retirement or death on which the annuity is based occurred on the
  effective date of this Act. Payments of an annuity recomputed under
  this subsection begin with the first payments that become due on or
  after the effective date of this Act.
         SECTION 36.  Sections 839.201(b) and 839.202, Government
  Code, as amended by this Act, and Section 839.2025, Government
  Code, as added by this Act, apply only to an application for a
  disability retirement annuity filed on or after the effective date
  of this Act. An application filed before the effective date of this
  Act is governed by the law in effect on the date the application was
  filed, and that law is continued in effect for that purpose.
         SECTION 37.  This Act takes effect September 1, 2019.
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