Tex. Gov't Code Section 815.402
Collection of Certain Member Contributions


(a)

Except as provided by Section 813.201 (Current Service), each payroll period, each department or agency of the state shall cause to be deducted from the compensation of each member, other than a cash balance group member, a contribution of:

(1)

9.5 percent of the compensation if the member is not a member of the legislature, for service rendered after August 31, 2015, and before September 1, 2017;

(2)

for service by a member who is not a member of the legislature rendered on or after September 1, 2017, the lesser of:

(A)

9.5 percent of the compensation; or

(B)

a percentage of the compensation equal to 9.5 percent reduced by one-tenth of one percent for each one-tenth of one percent that the state contribution rate for the fiscal year to which the service relates is less than the state contribution rate established for the 2017 fiscal year; or

(3)

9.5 percent of the compensation if the member is a member of the legislature.

(b)

To facilitate the making of deductions, the board of trustees may modify a member’s required deductions by an amount that does not exceed one-tenth of one percent of the annual compensation on which the deduction is made.

(c)

Each department or agency head shall certify to the board of trustees and to the disbursing officer of the department or agency on each payroll, or in another manner prescribed by the board, the amounts to be deducted from each member’s compensation.

(d)

The disbursing officer of each department or agency on authority from the department or agency head shall:

(1)

make deductions from each member’s compensation for contributions to the retirement system;

(2)

transmit monthly, or at the time designated by the board of trustees, a certified copy of the payroll or report to the retirement system; and

(3)

pay the amount deducted to the retirement system for deposit in the employees saving account.

(e)

The retirement system shall record all receipts of member contributions and shall deliver the receipts to the comptroller. The comptroller shall credit the receipts to the employees saving account.

(f)

The deductions required by this section shall be made even if the member’s compensation is reduced below the amount equal to the minimum compensation provided by law.

(g)

By becoming a member of the retirement system, a member consents to the deductions required by this section. The payment of compensation less those deductions is a complete release of all claims, except benefits provided by this subtitle, for services rendered by the member during the payment period.

(h)

In addition to the contribution under Subsection (a)(1), each department or agency of the state that employs a law enforcement or custodial officer shall deduct an additional 0.5 percent contribution from that member’s compensation, to be deposited in the law enforcement and custodial officer supplemental retirement fund, provided that, if the state contribution to the law enforcement and custodial officer supplemental retirement fund is computed using a percentage less than 0.5 percent, the member’s contribution is computed using a percentage equal to the percentage used to compute the state contribution.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1985, 69th Leg., ch. 91, Sec. 18, eff. Sept. 1, 1985. Renumbered from Vernon’s Ann.Civ.St. Title 110B, Sec. 25.402 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 8.49, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1231, Sec. 23, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1308 (H.B. 2559), Sec. 22, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1249 (S.B. 1664), Sec. 14, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 618 (S.B. 1459), Sec. 15, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 331 (H.B. 9), Sec. 3, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 940 (S.B. 321), Sec. 16, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 940 (S.B. 321), Sec. 17, eff. September 1, 2021.

Source: Section 815.402 — Collection of Certain Member Contributions, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­815.­htm#815.­402 (accessed May 18, 2024).

815.001
Composition of Board of Trustees
815.002
Appointed Trustees
815.003
Elected Trustees
815.004
Oath of Office
815.005
Sunset Provision
815.006
Compensation
815.007
Voting
815.008
Grounds for Removal of Trustee
815.009
Board Member Training
815.0031
Ineligibility for Board and of Certain Employees
815.101
General Administration
815.102
Rulemaking
815.103
Administering System Assets
815.104
Designation of Authority to Sign Vouchers
815.105
Adopting Tables
815.106
Information to Legislature
815.107
Records of Board of Trustees
815.109
Correction of Errors
815.110
Audits
815.111
Miscellaneous Board Duties
815.201
Presiding Officer
815.202
Executive Director
815.203
Legal Adviser
815.204
Medical Board
815.205
Other Physicians
815.206
Actuary
815.207
Comptroller
815.208
Compensation of Employees
815.210
Interest in Investment Profits Prohibited
815.212
Employment Practices
815.213
Ethics and Disclosure Requirements
815.214
Subpoena
815.301
Investment of Assets
815.302
Custody and Investment of Assets Pending Transactions
815.303
Securities Lending
815.304
Nominee to Hold Securities
815.307
Duty of Care
815.308
Cash on Hand
815.309
Crediting System Assets
815.310
Trust Fund
815.311
Employees Saving Account
815.312
State Accumulation Account
815.313
Retirement Annuity Reserve Account
815.314
Interest Account
815.315
Expense Account
815.317
Law Enforcement and Custodial Officer Supplemental Retirement Fund
815.318
Transfer of Assets from Interest Account
815.319
Transfer of Assets on Retirement and Restoration to Active Service
815.321
Transfer of Assets for Death Benefit Annuities
815.322
Transfer of Assets to Adjust Amount in Retirement Annuity Reserve Account
815.401
Collection of Membership Fees
815.402
Collection of Certain Member Contributions
815.403
Collection of State Contributions
815.404
Use of Federal Money
815.406
Employer Pickup of Member Contributions
815.407
Legacy Payments
815.501
Statement of Amount in Individual Accounts
815.503
Records
815.504
Reproduction and Preservation of Records
815.505
Certification of Names of Law Enforcement and Custodial Officers
815.506
Budget and Actuarial Information
815.507
Plan Qualification
815.508
Complaint Files
815.509
Advisory Committees
815.510
Annual Report
815.511
Administrative Decision
815.512
Protection from Double or Multiple Liability
815.513
Exclusive Remedies
815.514
Mailings on Behalf of Nonprofit Association
815.515
Disposition of Unclaimed Contributions of Former Members
815.1025
Use of Alternative Rulemaking and Dispute Resolution
815.3015
Tracking and Reporting of Profit Share
815.3016
Approval of Certain Alternative Investments
815.4035
Collection of State Retirement Contribution
815.5021
Payment to Alternate Beneficiary
815.5071
Trustee-to-trustee Transfer
815.5072
Excess Benefit Arrangement
815.5091
Membership on Advisory Committee on Investments
815.5092
Ineligibility for Membership on Advisory Committee on Investments
815.5093
Review of and Removal from Advisory Committee on Investments
815.5111
Diligent Prosecution of Suit

Accessed:
May 18, 2024

§ 815.402’s source at texas​.gov