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Glenn Hegar  ·  Texas Comptroller of Public Accounts

Mandatory Deductions
Mandatory Retirement Plan Contributions

The state of Texas provides a number of retirement plans: the Employees Retirement System (ERS), Teacher Retirement System (TRS), Optional Retirement Program (ORP) and the Judicial Retirement System of Texas.

The following table outlines who may participate in each system and the percentage of monthly compensation deducted:

Retirement System Eligible Participants Percent of Monthly Compensation
Employees Retirement System (ERS) Elected officials and state employees
Teacher Retirement System (TRS) Public education employees
Optional Retirement Program (ORP) Faculty members of institutions of higher education
Judicial Retirement System of Texas JRS-1 Judges, justices or commissioners of the supreme court, the court of criminal appeals, a court of appeals or a district court elected prior to Sept. 01, 1985, and never eligible for JRS-2.
Judicial Retirement System of Texas JRS-2 Judges, justices or commissioners of the supreme court, the court of criminal appeals, a court of appeals or a district court elected after Aug. 31, 1985, and never eligible for JRS-1.

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Plan Membership

Membership is typically a condition of employment and mandatory for most employees. Membership continues until an employee retires, dies or withdraws his or her account balance after leaving state employment. An employee continues to be a member as long as he or she has an account with a system, regardless of whether he or she continues employment with the state. The participant contributions must be made through payroll deduction and are invested by the plan.

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Other Considerations


Firefighters save for retirement under the Texas Emergency Services Retirement System.

Return-to-work retirees

Agencies that hire a person who retires under ERS rules on or after Sept. 1, 2009, will pay a surcharge of 9.50 percent of what would be retirement-eligible wages to ERS for each month the return-to-work retiree is employed by their agency. There are no appropriations for this surcharge. A state agency cannot hire a person who retired under ERS rules until at least 90 days after the retirement date.

It is our understanding that the ERS retirement annuity will not be affected for employees returning to state employment after they retire.

ERS retirees who return to work at an agency subject to ERS will no longer contribute a portion of their monthly pay to an ERS retirement account. Therefore, they are not eligible to receive a second retirement from the ERS.

LECOS deduction

Effective Sept. 1, 2009, an additional 0.5 percent is deducted for employees covered under ERS whose positions are included in the Law Enforcement and Custodial Officers Supplemental (LECOS) retirement.

To learn more about this payroll deduction, see Chapter 9 “Deductions” of the USPS Process Guide or the SPRS Deduction Code Table.

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Faculty member
Has the definition assigned in Texas Education Code, Section 61.003.
Institution of higher education
Includes the Texas Higher Education Coordinating Board, the Texas State Technical College and the institutions included in the definition of “institution of higher education” in Texas Education Code, Section 61.003.


Texas Government Code, Sections 812.003(a) – (b), 815.402(a)(1), 821.001(8), 821.001(12), 822.001, 822.002(a), 825.402(5), 825.403(a), 830.002(b), 830.003, 830.101(a), 830.102(a), 830.201(a), 830.202, 830.202(a), 832.001(a – c), 835.101(a), 835.103, 837.001(a – c), 840.102(a), (b)(1), (g), 840.105(a – b) (Vernon 2012); 34 Texas Administrative Code, Sections 25.25(a), 25.171, 25.172(e), 69.1(2) (1999).

Document Changes

Revision Date Revision Description
09/23/2014 Updated through the acts of the 84th Legislature, Regular Session
09/01/2014 Updated employee contribution rates
09/30/2013 Updated through the acts of the 83rd Legislature, Regular Session
09/01/2012 Updated rate of return-to work retiree surcharge
Glenn Hegar
Texas Comptroller of Public Accounts
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