Texas Government Code 839.102 – Service Retirement Annuity
(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 § 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.
Terms Used In Texas Government Code 839.102
- 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
- Year: means 12 consecutive months. See Texas Government Code 311.005
(c) The standard service retirement annuity of a person qualifying for retirement under § 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 § 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 § 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 § 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 § 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 § 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 § 659.012(f).