Texas Attorney General Opinion: JC-137 Page: 2 of 7
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The Honorable Jim Solis - Page 2
of Mental Health and Mental Retardation, or the Texas Department
of Health are eliminated as a result of contracts with private service
providers or other reductions in services provided by those agencies
and who separate from state service at that time.
(b) A member described by Subsection (a) is eligible to retire and
receive a service retirement annuity if the member's age and service
credit, each equally increased only as needed to meet minimum age
and service requirements, but not by more than [by] three years,
would meet the minimum age and service requirements for service
retirement under Section 814.104(a) at the time the member separates
from state service as described by Subsection (a). The annuity of a
person who retires under this subsection is computed on the person's
accrued service credit increased by the minimum amount of service
credit necessary to meet the service credit requirement for retirement,
but not by more than three years.
Tex. S.B. 1130, Act of May 29, 1999, 76th Leg., R.S., ch. 1541, 14, 1999 Tex. Sess. Law Serv.
5292, 5295-96 (additions and redactions as shown in bill). Senate Bill 1130 also deleted the
following subsections from section 814.1041:
(c) A member described by Subsection (a) becomes eligible to
retire and receive a service retirement annuity on the date on which
the member would have met the age and service requirements for
service retirement under Section 814.104(a) had the member
remained employed by the state if, on the date of separation from
state service, the member's age and service credit, each increased by
five years, would meet age and service requirements for service
retirement under Section 814.104(a). The annuity of a person who
retires under this subsection is computed on the person's accrued
service credit.
(d) If a member described by Subsection (c) is reemployed by the
state before retirement, the time between the member's separation
from state service and reemployment may be used only to compute
eligibility for service retirement and may not be used to compute the
amount of any service retirement annuity.
See id. As amended, section 814.1041 applies only to positions eliminated by privatization or other
reductions in workforce before September 1, 2001. Id. at 5296.
These amendments to section 814.1041 achieve several purposes. First, subsection (a) now
makes the temporary service option available to ERS members employed by the Texas Department(JC-0137)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JC-137, text, November 3, 1999; (https://texashistory.unt.edu/ark:/67531/metapth274446/m1/2/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.