AI-assisted research summary: This section sets how a judge’s service retirement annuity is calculated and when the retirement system must increase it.
For expiration of Subsections (e) and (f), see Subsection (f). Sec. 834.102. SERVICE RETIREMENT ANNUITY. (a) The base service retirement annuity for a person whose effective date of retirement is: (1) before September 1, 2019, is an amount equal to 50 percent of the state base salary, as adjusted from time to time, being paid in accordance with Section 659.012(a) to a judge of a court of the same classification as the court on which the retiree last served before retirement; or (2) on or after September 1, 2019, 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)(2) to a judge of a court of the same classification as the court on which the retiree last served before retirement. (b) The retirement system shall increase by 10 percent of the amount of the applicable state salary under Subsection (a) or (d) 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 service retirement annuity of a member qualifying for retirement under Section 834.101(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 835.1015(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). (d) The service retirement annuity of a person qualifying for retirement under Section 834.101(b) whose effective date of retirement is: (1) before September 1, 2019, is an amount computed as a percentage of the state base salary, as adjusted from time to time, being paid in accordance with Section 659.012(a) 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: age at retirement percentage of state salaryat least 60 but less than 6140 percentat least 61 but less than 6241.7 percentat least 62 but less than 6343.6 percentat least 63 but less than 6445.6 percentat least 64 but less than 65 47.7 percent; or(2) on or after September 1, 2019, 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)(2) 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: age at retirement percentage of state salaryat least 60 but less than 6140 percentat least 61 but less than 6241.7 percentat least 62 but less than 6343.6 percentat least 63 but less than 6445.6 percentat least 64 but less than 6547.7 percent(e) Notwithstanding Subsection (a) or (d) or any other law: (1) any increase in the state base salary being paid to a district judge as set by the General Appropriations Act in accordance with Section 659.012 by the 89th Legislature, Regular Session, 2025, does not apply to a service retirement annuity computed under this section of a retiree or beneficiary if the retiree on whose service the annuity is based retired before September 1, 2025; and (2) the amount of the state base salary being paid to a district judge as set by Chapter 1170 (H.B. 1), Acts of the 88th Legislature, Regular Session, 2023 (the General Appropriations Act), for the fiscal year ending August 31, 2025, in accordance with Section 659.012 continues to apply to the annuities described by Subdivision (1) until the effective date of legislation the 90th Legislature or a later legislature enacts that increases the state base salary paid to a district judge as set by the General Appropriations Act in accordance with Section 659.012. (f) On the effective date of legislation the 90th Legislature or a later legislature enacts that increases the state base salary paid to a district judge, as described by Subsection (e), this subsection and Subsection (e) expire. Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1981, 67th Leg., 1st C.S., p. 208, ch. 18, Sec. 39, eff. Nov. 10, 1981; Acts 1987, 70th Leg., ch. 740, Sec. 1, 2, eff. June 20, 1987. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 44.102 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 2001, 77th Leg., ch. 1240, Sec. 3, eff. Jan. 1, 2002. Amended by: Acts 2005, 79th Leg., Ch. 1033 (H.B. 1114), Sec. 2, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 1258 (H.B. 2882), Sec. 1, eff. September 1, 2007. Acts 2019, 86th Leg., R.S., Ch. 1121 (H.B. 2384), Sec. 24, eff. September 1, 2019. Acts 2025, 89th Leg., R.S., Ch. 1130 (S.B. 293), Sec. 21, eff. September 1, 2025.