This section sets how the elected-class service retirement annuity is calculated and limits it to 100% of the applicable base amount or district judge salary.
Sec. 814.103. SERVICE RETIREMENT BENEFITS FOR ELECTED CLASS SERVICE. (a) Except as provided by Subsection (a-1) or (b) and subject to Subsection (a-2), 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 percent of $175,000. (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, 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. (a-2) Beginning August 31, 2030, and every fifth anniversary of that date, the Texas Ethics Commission shall consider an equitable increase in the dollar amount on which the standard service retirement annuity is based under Subsection (a) and increase the dollar amount as the commission considers appropriate. When determining an equitable increase in the dollar amount, the Texas Ethics Commission may consider any increase in compensation for elected officials and officers for salaries included in the General Appropriations Act. (a-3) The Texas Ethics Commission shall develop, adopt, and make public a methodology for adjusting the dollar amount on which the standard service retirement annuity is computed under Subsection (a) not later than September 1, 2026, and apply the methodology for each equitable adjustment under Subsection (a-2). (b) The standard service retirement annuity for service credited in the elected class may not exceed at any time 100 percent of, as applicable: (1) the dollar amount on which the annuity is based under Subsection (a), subject to adjustment under Subsection (a-2); or (2) the state salary of a district judge on which the annuity is based under Subsection (a-1). (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). 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. 2, eff. Sept. 1, 1983. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 24.103 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 10, eff. Sept. 1, 1991. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1328 (S.B. 1519), Sec. 4, eff. September 1, 2007. Acts 2019, 86th Leg., R.S., Ch. 1121 (H.B. 2384), Sec. 20, eff. September 1, 2019. Acts 2025, 89th Leg., R.S., Ch. 1130 (S.B. 293), Sec. 19, eff. September 1, 2025.