Tex. Gov't Code § 839.102 · Subchapter B. SERVICE RETIREMENT BENEFITS
SERVICE RETIREMENT ANNUITY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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 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.
(b) The retirement system shall increase by 10 percent of the amount of the applicable state salary under Subsection (a) or (c) the annuity of a member who on the effective date of retirement:
(1) has not been out of judicial office for more than one year; or
(2) has served as a visiting judge in this state and the first anniversary of the last day of that service has not occurred.
(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 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:
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.
(d) The service retirement annuity of a member qualifying for retirement under Section 839.101(a) is the applicable state salary under Subsection (a) multiplied by a percentage amount that is the sum of 50 percent plus the product of 2.3 percent multiplied by the number of years of subsequent service credit the member accrues under Section 840.1025(a). After including any increase under Subsection (b), the service retirement annuity under this subsection may not be an amount that is greater than 90 percent of the applicable salary under Subsection (a).
(f) The service retirement annuity of a member qualifying for retirement under Section 839.101(a)(4) is the applicable state salary under Subsection (a) multiplied by a percentage amount that is the sum of 50 percent plus the product of 2.3 percent multiplied by the number of years of subsequent service credit the member accrues under Section 840.1027. After including any increase under Subsection (b), the service retirement annuity under this subsection may not be an amount that is greater than 90 percent of the applicable salary under Subsection (a).
(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).
Notes and commentary — not statutory text
History
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 740, Sec. 3, eff. June 20, 1987. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 74.102 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 791, Sec. 37, eff. Sept. 1, 1993; Acts 2001, 77th Leg., ch. 1240, Sec. 6, eff. Jan. 1, 2002.
Amended by:
Acts 2005, 79th Leg., Ch. 1033 (H.B. 1114), Sec. 6, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1203 (H.B. 617), Sec. 3, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1258 (H.B. 2882), Sec. 2, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 1121 (H.B. 2384), Sec. 27, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1121 (H.B. 2384), Sec. 28, eff. September 1, 2019.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/GV/htm/GV.839.htm
- Text hash
- sha256 5be7e290479d7d485b76889bfebfbbf92e753434cfe876ca7fd729c5e928ab67
- 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 ch. 74COURT ADMINISTRATION ACTPrinted as Chapter 74
- Tex. Gov't Code § 659.012JUDICIAL SALARIES.Printed as Section 659.012 | Section 659.012(f)
- Tex. Gov't Code § 839.101ELIGIBILITY FOR SERVICE RETIREMENT ANNUITY.Printed as Section 839.101(a) | Section 839.101(a)(4) | Section 839.101(b)
- Tex. Gov't Code § 840.1025CONTRIBUTIONS AFTER 20 YEARS OF SERVICE CREDIT.Printed as Section 840.1025(a)
- Tex. Gov't Code § 840.1027CONTRIBUTIONS AFTER ATTAINING RULE OF 70.Printed as Section 840.1027
Cited by 5 provisions
Provisions in this library whose text cites Tex. Gov't Code § 839.102. Each shows the citation as that text prints it.
Government Code
- Tex. Gov't Code § 838.1035SERVICE IN EXCESS OF 20 YEARS.Printed as Section 839.102(d)
- Tex. Gov't Code § 839.101ELIGIBILITY FOR SERVICE RETIREMENT ANNUITY.Printed as Section 839.102(c)
- Tex. Gov't Code § 839.103OPTIONAL SERVICE RETIREMENT ANNUITY.Printed as Section 839.102
- Tex. Gov't Code § 839.203DISABILITY RETIREMENT ANNUITY.Printed as Section 839.102
- Tex. Gov't Code § 839.301SELECTION OF DEATH BENEFIT PLAN BY MEMBER.Printed as Sections 839.102(a)
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