Kerr County court says law prevents retroactive retirement contributions for Mary Frances Root
February 17, 2026 | Kerr County, Texas
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Kerr County Commissioners Court — The Kerr County Commissioners Court on Feb. 17 reviewed a request from Mary Frances Root for retroactive Texas County & District Retirement System (TCDRS) contributions and inclusion in the county longevity‑pay plan for service dating to 2000–2005, and concluded the court was legally precluded from granting the request.
The request, read into the record as item 1.1, asked the court to recognize service dating back to Dec. 4, 2000, for both longevity‑pay eligibility and county retirement contributions. County staff explained that, under county policy, longevity pay applies only to employees after they become full‑time and that Kerr County records show Root became full‑time on Sept. 1, 2025, which would make her first eligible longevity payment December 2029.
On the retirement claim, the county’s legal representative told the court that prior to a change in law in 2006 a federal minimum‑hours requirement meant Kerr County was not authorized or required to make TCDRS contributions for the disputed 2000–2005 period. The presenter summarized the county’s prior remedy for later gaps: the county and the employee made contributions beginning in 2006 and a settlement in 2023 addressed post‑2006 obligations; contributions have continued since then. “Kerr County was not authorized at that time to contribute to her retirement, because she wasn't working the minimum hours,” the county attorney said.
Root asserted a longer span of service, telling the court, “I have been a employee for Kerr County. I started 12/04/2000.” The court examined the policy and the legal opinion and determined the county lacked authority to grant the retroactive retirement contribution or alter longevity‑pay eligibility for the earlier period. The County Judge summarized the court’s conclusion as a legal prohibition and recessed to executive session to address personnel matters.
No formal remedy or retroactive payment was approved; the court’s finding was that the request is outside the scope of current Kerr County policy and the county’s legal authority for the periods at issue. Next steps were not ordered beyond the court’s referral to executive session for related personnel items.
The request, read into the record as item 1.1, asked the court to recognize service dating back to Dec. 4, 2000, for both longevity‑pay eligibility and county retirement contributions. County staff explained that, under county policy, longevity pay applies only to employees after they become full‑time and that Kerr County records show Root became full‑time on Sept. 1, 2025, which would make her first eligible longevity payment December 2029.
On the retirement claim, the county’s legal representative told the court that prior to a change in law in 2006 a federal minimum‑hours requirement meant Kerr County was not authorized or required to make TCDRS contributions for the disputed 2000–2005 period. The presenter summarized the county’s prior remedy for later gaps: the county and the employee made contributions beginning in 2006 and a settlement in 2023 addressed post‑2006 obligations; contributions have continued since then. “Kerr County was not authorized at that time to contribute to her retirement, because she wasn't working the minimum hours,” the county attorney said.
Root asserted a longer span of service, telling the court, “I have been a employee for Kerr County. I started 12/04/2000.” The court examined the policy and the legal opinion and determined the county lacked authority to grant the retroactive retirement contribution or alter longevity‑pay eligibility for the earlier period. The County Judge summarized the court’s conclusion as a legal prohibition and recessed to executive session to address personnel matters.
No formal remedy or retroactive payment was approved; the court’s finding was that the request is outside the scope of current Kerr County policy and the county’s legal authority for the periods at issue. Next steps were not ordered beyond the court’s referral to executive session for related personnel items.
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