Tex. Gov't Code § 814.104 · Subchapter B. SERVICE RETIREMENT BENEFITS
ELIGIBILITY OF MEMBER FOR SERVICE RETIREMENT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Except as provided by Subsections (d) and (e) of this section, Section 814.102, or by rule adopted under Section 813.304(d) or 803.202(a)(2), a member who has service credit in the retirement system is eligible to retire and receive a service retirement annuity if the member:
(1) is at least 60 years old and has at least 5 years of service credit in the employee class; or
(2) has at least 5 years of service credit in the employee class and the sum of the member's age and amount of service credit in the employee class, including months of age and credit, equals or exceeds the number 80.
(b) A member is eligible to retire and receive a service retirement annuity if the member:
(1) is at least 55 years old; and
(2) has at least 10 years of service credit as a:
(A) law enforcement officer; or
(B) custodial officer.
(c) For the sole purpose of determining eligibility to receive a service retirement annuity, the retirement system shall consider service performed as a participant in the optional retirement program under Chapter 830 as if it were service for which credit is established in the retirement system.
(d) Except as provided by Subsection (e) of this section, Section 814.102, or by rule adopted under Section 813.304(d) or 803.202(a)(2), a member who was not a member on the date hired, was hired on or after September 1, 2009, and has service credit in the retirement system is eligible to retire and receive a service retirement annuity if the member:
(1) is at least 65 years old and has at least 10 years of service credit in the employee class; or
(2) has at least 10 years of service credit in the employee class and the sum of the member's age and amount of service credit in the employee class, including months of age and credit, equals or exceeds the number 80.
(e) A member who takes the oath of office for a position included in the elected class of membership, other than a district attorney or criminal district attorney, is not eligible to retire and receive a service retirement annuity under this section that is based on service credit transferred to the employee class from the elected class under Section 813.503 until the member no longer holds that position. This provision does not prohibit a member from retiring and receiving a service retirement annuity under this section that is based on service credit earned in a position included in the employee class of membership under Section 812.003.
Notes and commentary — not statutory text
History
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1983, 68th Leg., p. 1979, ch. 361, Sec. 3, eff. Sept. 1, 1983. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 24.104 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 11, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 297, Sec. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 688, Sec. 2, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1048, Sec. 12, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1541, Sec. 13, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1111, Sec. 17, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 74 (S.B. 262), Sec. 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 22, eff. June 8, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1308 (H.B. 2559), Sec. 11, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1249 (S.B. 1664), Sec. 10, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 110, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 998 (H.B. 408), Sec. 2, eff. June 19, 2015.
Acts 2025, 89th Leg., R.S., Ch. 854 (S.B. 1737), Sec. 3, eff. September 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/GV/htm/GV.814.htm
- Text hash
- sha256 9c9f2843d5162791dc55c168ab0e0f460635a838b2e8abc47407ca27d99f2d5c
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Government Code
- Tex. Gov't Code § 803.202SERVICE IN CERTAIN RETIREMENT SYSTEMS.Printed as Section 813.304(d) or 803.202(a)(2)
- Tex. Gov't Code § 812.003MEMBERSHIP IN EMPLOYEE CLASS.Printed as Section 812.003
- Tex. Gov't Code § 813.304USE OF MILITARY SERVICE CREDIT.Printed as Section 813.304(d) or 803.202(a)(2)
- Tex. Gov't Code § 813.503CREDIT TRANSFERABLE BETWEEN ELECTED AND EMPLOYEE CLASS.Printed as Section 813.503
- Tex. Gov't Code § 814.102ELIGIBILITY OF ELECTED MEMBERS FOR SERVICE RETIREMENT.Printed as Section 814.102
- Tex. Gov't Code ch. 830OPTIONAL RETIREMENT PROGRAMPrinted as Chapter 830
Cited by 3 provisions
Provisions in this library whose text cites Tex. Gov't Code § 814.104. Each shows the citation as that text prints it.
Government Code
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