The Judicial Retirement System Plan Two, including resuming service in the retirement system and contributions to the retirement system

Texas Senate Bill 1738, enacted in 2025, amends the Judicial Retirement System Plan Two. It allows retired judges who return to active service to rejoin the retirement system and earn additional service credits. These judges are required to make contributions to the system during their resumed service, and their retirement benefits are recalculated upon subsequent retirement to reflect the additional service.

Supporters of SB1738 argue that it provides flexibility for retired judges to return to the bench without forfeiting retirement benefits, thereby addressing judicial shortages and retaining experienced jurists. The bill passed unanimously in both the Senate and the House, indicating broad bipartisan support.

Critics express concerns that allowing retired judges to rejoin the retirement system could increase the financial burden on the state's pension fund. They also worry that this policy might discourage the appointment of new judges, potentially limiting diversity and fresh perspectives within the judiciary.