(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 Subsection (d), a retiree described by § 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. The retiree shall provide notice of the election to the system in the manner prescribed by the system.

Terms Used In Texas Government Code 837.103

  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005

(c) For a person who makes an election under this section, on the resumption of annuity payments that have been suspended under § 837.102, the retirement system shall recompute the annuity selected at the time of the person’s original retirement to include the person’s additional service credit established during membership under this section. If, at the time of the person’s original retirement, the person selected an optional retirement annuity payable under § 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) The retirement system shall implement this section only if the system is considered actuarially sound. For purposes of this subsection, the system is considered actuarially sound if, based on an actuarial valuation of the system prepared under § 840.204(d) on or after September 1, 2023, the amount of contributions to the system are sufficient to cover the normal cost of the system and to amortize the unfunded actuarial accrued liability of the system within 30 years. Not later than the 30th day after the date an actuarial valuation is prepared showing the system is actuarially sound, the system shall implement this section. On September 1, 2025:
(1) if this section is implemented, this subsection expires; or
(2) if this section is not implemented, this section expires.

For expiration of this section, see Subsection (e).
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