Texas Statutes
Subchapter E. Collection of Membership Fees and Contributions
Section 825.404. Collection of State Contributions

Sec. 825.404. COLLECTION OF STATE CONTRIBUTIONS. (a) Except as provided by Subsection (a-1) and subject to Subsection (a-2), during each fiscal year, the state shall contribute to the retirement system an amount equal to at least six and not more than 10 percent of the aggregate annual compensation of all members of the retirement system during that fiscal year.
(a-1) In computing the amount owed by the state under this section, the compensation of members who are employed by public junior colleges or public junior college districts shall be included in the aggregate annual compensation as follows:
(1) 50 percent of the eligible creditable compensation of employees who:
(A) otherwise are eligible for membership in the retirement system; and
(B) are instructional or administrative employees whose salaries may be fully paid from funds appropriated under the General Appropriations Act, regardless of whether such salaries are actually paid from appropriated funds; and
(2) none of the eligible creditable compensation of all other employees who:
(A) do not meet the requirements of Subdivision (1)(B) but are otherwise eligible for membership in the retirement system; or
(B) cannot be included as a qualifying employee under Subdivision (1) by application of Subsection (b-1).
(a-2) The state contribution required by Subsection (a) is:
(1) for the fiscal years beginning on September 1, 2019, and September 1, 2020, 7.5 percent of the aggregate annual compensation of all members of the retirement system during the applicable fiscal year;
(2) for the fiscal year beginning on September 1, 2021, 7.75 percent of the aggregate annual compensation of all members of the retirement system during that fiscal year;
(3) for the fiscal year beginning on September 1, 2022, eight percent of the aggregate annual compensation of all members of the retirement system during that fiscal year; and
(4) for the fiscal year beginning on September 1, 2023, and each subsequent fiscal year, 8.25 percent of the aggregate annual compensation of all members of the retirement system during that fiscal year.
(b) Before November 2 of each even-numbered year, the board of trustees, in coordination with the Legislative Budget Board, shall certify to the comptroller of public accounts for review and adoption an estimate of the amount necessary to pay the state's contributions to the retirement system for the following biennium. For qualifying employees under Subsection (a-1)(1), the board of trustees shall include only the amount payable by the state under Subsection (a-1)(1) in determining the amount to be certified.
(b-1) In determining the amount described by Subsection (b), the number of qualifying employees under Subsection (a-1)(1) whose compensation may be included for each public junior college or public junior college district in each biennium may not be adjusted in a proportion greater than the change in student enrollment at each college during the reporting period except that a college that experiences a decline in student enrollment may petition the Legislative Budget Board to maintain the number of eligible employees up to 98 percent of the level of the prior biennium.
(c) The amount certified under Subsection (b) shall be included in the state budget that the governor submits to the legislature.
(d) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1078, Sec. 23(4), eff. June 14, 2013.
(e) All money appropriated by the state to the retirement system shall be paid to the state contribution account in equal monthly installments as provided by Section 403.093(c).
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1981, 67th Leg., 1st C.S., p. 207, ch. 18, Sec. 34, eff. Nov. 10, 1981; Acts 1985, 69th Leg., ch. 228, Sec. 4, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 61, Sec. 10, eff. Aug. 31, 1987; Acts 1989, 71st Leg., ch. 16, Sec. 6, eff. Aug. 31, 1989. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 35.404 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 555, Sec. 48, 49, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 899 (S.B. 1863), Sec. 17.01, eff. August 29, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1389 (S.B. 1846), Sec. 2, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 812 (S.B. 1812), Sec. 1, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1078 (H.B. 3357), Sec. 13, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1078 (H.B. 3357), Sec. 14, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1078 (H.B. 3357), Sec. 23(4), eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1214 (S.B. 1458), Sec. 8, eff. September 1, 2014.
Acts 2019, 86th Leg., R.S., Ch. 566 (S.B. 12), Sec. 4, eff. June 10, 2019.