CHAPTER 814. BENEFITS
GOVERNMENT CODE
TITLE 8. PUBLIC RETIREMENT SYSTEMS
SUBTITLE B. EMPLOYEES RETIREMENT SYSTEM OF TEXAS
CHAPTER 814. BENEFITS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 814.001. TYPES OF BENEFITS. The types of benefits payable
by the retirement system are:
(1) service retirement benefits;
(2) occupational disability retirement benefits;
(3) nonoccupational disability retirement benefits; and
(4) death benefits.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,
1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.
24.001 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1,
1989.
Sec. 814.002. BENEFITS FROM BOTH MEMBERSHIP CLASSES. (a) If a
member has service credit in both classes of membership, is
eligible to retire from one class, and does not hold a position
included in the other class, the member may retire from both
classes and receive benefits based on all service credited in the
retirement system.
(b) If a member is retiring and uses service credited in a class
of membership to meet a length-of-service requirement for
retirement, the member must retire from that class.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,
1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.
24.002 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1,
1989.
Sec. 814.003. EFFECTIVE DATE OF RETIREMENT. (a) The effective
date of a member's service retirement is the date the member
designates at the time the member applies for retirement as
provided by Section 814.101, but the date must be the last day of
a calendar month.
(b) If a person elects to receive a standard service retirement
annuity and dies during the first calendar month that begins
after the effective date of the person's retirement, the person
is considered to have been a contributing member at the time of
death.
(c) The retirement system may allow an applicant for retirement
time after the effective date of the person's retirement to make
a selection of a retirement annuity. If the applicant dies within
the time allowed without having given the retirement system
notice of a selection, the person is considered to have been a
contributing member at the time of death.
(d) The effective date of a member's disability retirement is
the date designated on the application for retirement filed by or
for the member as provided by Section 814.201, but the date must
be the last day of a calendar month.
(e) If a person elects to receive a standard disability
retirement annuity and dies during the first calendar month that
begins after the effective date of the person's retirement, the
person is considered to have been a contributing member at the
time of death.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,
1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.
24.003 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff.
Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 586, Sec. 11,
eff. Aug. 28, 1995.
Sec. 814.004. WHEN BENEFITS ARE PAYABLE. A monthly annuity
payable to a retiree or beneficiary is payable to that person
through the month in which the person dies. A continuation of an
optional annuity or the payment of a death or survivor benefit
annuity begins with payment for the month following the month in
which the death occurs.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,
1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.
24.004 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1,
1989. Amended by Acts 1995, 74th Leg., ch. 586, Sec. 12, eff.
Aug. 28, 1995.
Sec. 814.005. WAIVER OF BENEFITS. (a) A person may, on a form
prescribed by and filed with the retirement system, waive all or
a portion of any benefits from the retirement system to which the
person is entitled. The retirement system also shall give effect
as a waiver to a full or partial disclaimer executed in
accordance with Section 37A, Texas Probate Code, unless the
benefit to be disclaimed is a lifetime annuity. A person may
revoke a waiver of benefits in the same manner as the original
waiver was made, unless the original waiver by its terms was made
irrevocable.
(b) A waiver or a revocation of a waiver applies only to
benefits that become payable on or after the date the document is
filed.
(c) The retirement system shall transfer to the state
accumulation account amounts from the appropriate benefit payment
accounts not used to pay benefits because of a waiver executed
under this section.
(d) The board of trustees may adopt rules for the administration
of waivers under this section.
Added by Acts 1983, 68th Leg., p. 1147, ch. 257, Sec. 1, eff. May
27, 1983. Amended by Acts 1985, 69th Leg., ch. 91, Sec. 4, eff.
Sept. 1, 1985. Renumbered from Vernon's Ann.Civ.St. Title 110B,
Sec. 24.005 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept.
1, 1989. Amended by Acts 1997, 75th Leg., ch. 1048, Sec. 11, eff.
Sept. 1, 1997.
Sec. 814.006. SIMULTANEOUS DEATH OF MEMBER AND BENEFICIARY.
When a member or annuitant and the beneficiary of the member or
annuitant have died within a period of less than 120 hours, the
member or annuitant is considered to have survived the
beneficiary for the purpose of determining the rights to amounts
payable under this subtitle on the death of the member or
annuitant.
Added by Acts 1995, 74th Leg., ch. 586, Sec. 13, eff. Aug. 28,
1995.
Sec. 814.007. BENEFICIARY CAUSING DEATH OF MEMBER OR ANNUITANT.
(a) A benefit payable on the death of a member or annuitant may
not be paid to a person convicted of causing that death but
instead is payable as if the convicted person had predeceased the
decedent.
(b) A person who becomes eligible under this section to select
death or survivor benefits may select benefits as if the person
were the designated beneficiary.
(c) The retirement system shall reduce any annuity computed in
part on the age of the convicted person to a lump sum equal to
the present value of the remainder of the annuity. The reduced
amount is payable to a person entitled as provided by this
section to receive the benefit.
(d) The retirement system is not required to change the
recipient of benefits under this section unless it receives
actual notice of the conviction of a beneficiary. However, the
retirement system may delay payment of a benefit payable on the
death of a member or annuitant pending the results of a criminal
investigation and of legal proceedings relating to the cause of
death.
(e) For the purposes of this section, a person has been
convicted of causing the death of a member or annuitant if the
person:
(1) pleads guilty or nolo contendere to, or is found guilty by a
court of, causing the death of the member or annuitant,
regardless of whether sentence is imposed or probated; and
(2) has no appeal of the conviction pending and the time
provided for appeal has expired.
Added by Acts 1995, 74th Leg., ch. 586, Sec. 13, eff. Aug. 28,
1995.
Sec. 814.008. CHANGE OF BENEFICIARY AFTER RETIREMENT. (a) A
retiree receiving an optional service or disability retirement
annuity approved by the board of trustees or described by Section
814.108(c)(1), (c)(2), or (c)(5) may change the designated
beneficiary as provided by this section for the benefits payable
after the retiree's death.
(b) If the beneficiary designated at the time of the retiree's
retirement is the spouse or former spouse of the retiree:
(1) the spouse or former spouse must give written, notarized
consent to the change; or
(2) a court with jurisdiction over the marriage must have
ordered the change.
(c) A beneficiary designated under this section is entitled on
the retiree's death to receive monthly payments of the survivor's
portion of the retiree's optional retirement annuity for the
shorter of:
(1) the remainder of the life expectancy of the beneficiary
designated as of the effective date of the retiree's retirement;
or
(2) the remainder of the new beneficiary's life.
(d) A retiree may not change a beneficiary under this section
after retirement if the retiree has previously changed after
retirement a beneficiary for optional retirement annuity payments
under this subtitle.
Added by Acts 1999, 76th Leg., ch. 168, Sec. 1, eff. May 21,
1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1308, Sec. 9, eff. September 1, 2009.
Sec. 814.009. DEDUCTION FROM ANNUITY. (a) A person who
receives an annuity under this subchapter may, on a form
prescribed by and filed with the retirement system, authorize the
retirement system to deduct from the person's monthly annuity
payment the amount of a fee for the person's membership in a
state employee organization that:
(1) is a certified eligible state employee organization under
Section 403.0165; or
(2) has at least 2,500 retirees as members on January 1
preceding the fiscal year for which the deduction is made.
(b) An authorization made under this section remains in effect
until:
(1) the person who receives the annuity modifies or revokes the
authorization; or
(2) the state employee organization fails to meet the
requirements of Subsection (a).
(c) The retirement system shall adopt rules to administer this
section.
Added by Acts 2001, 77th Leg., ch. 1231, Sec. 7, eff. Sept. 1,
2001.
Sec. 814.010. ELECTRONIC FILING OF BENEFICIARY DESIGNATION.
(a) In this section, "electronic filing" means the filing of data
in the form of digital electronic signals transformed by computer
and stored on magnetic tape, optical disks, or any other medium.
(b) A person entitled to designate a beneficiary under any
system or program administered by the retirement system may make
the designation by electronic filing under procedures adopted by
the retirement system.
Added by Acts 2003, 78th Leg., ch. 1111, Sec. 16, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1310, Sec. 51, eff. June 20,
2003.
Sec. 814.011. LUMP-SUM PAYMENTS IN LIEU OF ANNUITIES. The
retirement system may elect to make a lump-sum payment to a
retiree or beneficiary in lieu of annuity payments if the
actuarial present value of the annuity at the time of retirement
or death does not exceed $20,000. Payment of a lump sum under
this section does not affect eligibility for any other program
administered by the retirement system.
Added by Acts 2005, 79th Leg., Ch.
347, Sec. 11, eff. September 1, 2005.
Sec. 814.012. DISPOSITION OF UNCLAIMED BENEFICIARY BENEFITS.
If, as of the fourth anniversary of the death of a member or
annuitant, the retirement system has not paid benefits and a
claim for benefits is not pending with the retirement system
based on the death of the member or annuitant, the accumulated
contributions of the deceased member or the balance of the
reserve for the deceased annuitant reverts to the benefit of the
retirement system. The retirement system shall transfer funds
reverted under this section to the state accumulation account.
Added by Acts 2009, 81st Leg., R.S., Ch.
1308, Sec. 10, eff. September 1, 2009.
SUBCHAPTER B. SERVICE RETIREMENT BENEFITS
Sec. 814.101. APPLICATION FOR SERVICE RETIREMENT BENEFITS. (a)
A member may apply for a service retirement annuity by filing an
application for retirement with the board of trustees.
(b) An application for a service retirement annuity may not be
made:
(1) after the date the member wishes to retire; or
(2) more than 90 days before the date the member wishes to
retire.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,
1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.
24.101 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1,
1989.
Sec. 814.102. ELIGIBILITY OF ELECTED MEMBERS FOR SERVICE
RETIREMENT. Except as provided by rule adopted under Section
813.304(d) or Section 803.202(2), a member who has service credit
in the elected class of membership, is eligible to retire and
receive a service retirement annuity if the member:
(1) is at least 60 years old and has 8 years of service credit
in that class; or
(2) is at least 50 years old and has 12 years of service credit
in that class.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1983, 68th Leg., p. 1978, ch. 361, Sec. 1,
eff. Sept. 1, 1983. Renumbered from Vernon's Ann.Civ.St. Title
110B, Sec. 24.102 and amended by Acts 1989, 71st Leg., ch. 179,
Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch.
850, Sec. 9, eff. Sept. 1, 1991.
Sec. 814.103. SERVICE RETIREMENT BENEFITS FOR ELECTED CLASS
SERVICE. (a) Except as provided by Subsection (b), the standard
service retirement annuity for service credited in the elected
class of membership is an amount equal to the number of years of
service credit in that class, times two percent of the state
salary, excluding longevity pay payable under Section 659.0445
and as adjusted from time to time, being paid a district judge.
(b) The standard service retirement annuity for service credited
in the elected class may not exceed at any time 100 percent of
the state salary being paid a district judge.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1983, 68th Leg., p. 1979, ch. 361, Sec. 2,
eff. Sept. 1, 1983. Renumbered from Vernon's Ann.Civ.St. Title
110B, Sec. 24.103 and amended by Acts 1989, 71st Leg., ch. 179,
Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch.
850, Sec. 10, eff. Sept. 1, 1991.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1328, Sec. 4, eff. September 1, 2007.
Sec. 814.104. ELIGIBILITY OF MEMBER FOR SERVICE RETIREMENT. (a)
Except as provided by Subsection (d) of this section, Section
814.102, or by rule adopted under Section 813.304(d) or
803.202(a)(2), a member who has service credit in the retirement
system is eligible to retire and receive a service retirement
annuity if the member:
(1) is at least 60 years old and has at least 5 years of service
credit in the employee class; or
(2) has at least 5 years of service credit in the employee class
and the sum of the member's age and amount of service credit in
the employee class, including months of age and credit, equals or
exceeds the number 80.
(b) A member who is at least 55 years old and who has at least
10 years of service credit as a commissioned peace officer
engaged in criminal law enforcement activities of the Department
of Public Safety, the Texas Alcoholic Beverage Commission, the
Parks and Wildlife Department, or the office of inspector general
at the Texas Youth Commission, or as a custodial officer, is
eligible to retire and receive a service retirement annuity.
(c) For the sole purpose of determining eligibility to receive a
service retirement annuity, the retirement system shall consider
service performed as a participant in the optional retirement
program under Chapter 830 as if it were service for which credit
is established in the retirement system.
(d) Except as provided by Section 814.102 or by rule adopted
under Section 813.304(d) or 803.202(a)(2), a member who was not a
member on the date hired, was hired on or after September 1,
2009, and has service credit in the retirement system is eligible
to retire and receive a service retirement annuity if the member:
(1) is at least 65 years old and has at least 10 years of
service credit in the employee class; or
(2) has at least 5 years of service credit in the employee class
and the sum of the member's age and amount of service credit in
the employee class, including months of age and credit, equals or
exceeds the number 80.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1983, 68th Leg., p. 1979, ch. 361, Sec. 3,
eff. Sept. 1, 1983. Renumbered from Vernon's Ann.Civ.St. Title
110B, Sec. 24.104 and amended by Acts 1989, 71st Leg., ch. 179,
Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch.
850, Sec. 11, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 297,
Sec. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 688, Sec.
2, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1048, Sec. 12,
eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1541, Sec. 13, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1111, Sec. 17, eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
74, Sec. 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
263, Sec. 22, eff. June 8, 2007.
Acts 2009, 81st Leg., R.S., Ch.
1308, Sec. 11, eff. September 1, 2009.
Sec. 814.105. SERVICE RETIREMENT BENEFITS FOR EMPLOYEE CLASS
SERVICE. (a) Except as otherwise provided by this section, the
standard service retirement annuity for service credited in the
employee class of membership is an amount computed as the
member's average monthly compensation for service in that class
for the 36 highest months of compensation multiplied by 2.3
percent for each year of service credit in that class.
(b) The standard service retirement annuity for service credited
in the employee class may not be less than $150 a month nor more
than 100 percent of the average monthly compensation computed
under Subsection (a).
(c) The standard service retirement annuity for service credited
in the employee class of membership for a member who was not a
member on the date hired, was hired on or after September 1,
2009, and is eligible to retire is an amount computed as the
member's average monthly compensation for service in that class
for the 48 highest months of compensation multiplied by 2.3
percent for each year of service credit in that class.
(d) The standard service retirement annuity computed under
Subsection (c) is reduced by five percent for each year the
member retires before the member reaches age 60, with a maximum
possible reduction of 25 percent.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1986, 69th Leg., 2nd C.S., ch. 15, Sec. 1,
eff. Sept. 23, 1986; Acts 1987, 70th Leg., ch. 577, Sec. 1, eff.
Aug. 31, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. 4, Sec. 3,
eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 602, Sec. 4, eff.
Sept. 1, 1989. Renumbered from Vernon's Ann.Civ.St. Title 110B,
Sec. 24.105 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1,
eff. Sept. 1, 1989. Amended by Acts 1989, 71st Leg., ch. 1100,
Sec. 4.09(a), eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 850,
Sec. 11, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1048, Sec.
14, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1231, Sec. 8,
eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1308, Sec. 12, eff. September 1, 2009.
Sec. 814.107. SERVICE RETIREMENT BENEFITS FOR CERTAIN PEACE
OFFICERS. (a) A member who has at least 20 years of service
credit as a law enforcement or custodial officer is eligible to
retire regardless of age and receive a standard service
retirement annuity in an amount and to be funded as provided by
this section.
(b) The standard service retirement annuity payable for at least
20 years of service credit as a law enforcement or custodial
officer is an amount computed on the basis of the member's
average monthly compensation for the 36 highest months of
compensation in the employee class, times the sum of the
percentage factor used in the computation of a standard service
retirement annuity under Section 814.105 plus .5 percent.
(c) The standard combined service retirement annuity that is
payable under this section is based on retirement on or after the
attainment of the normal retirement age, which for purposes of
this section is the earlier of either the age of 50 or the age at
which the sum of the member's age and amount of service credit in
the employee class equals the number 80. A law enforcement or
custodial officer who retires before attaining the normal
retirement age is entitled only to an annuity that is actuarially
reduced from the annuity available at the normal retirement age
to the law enforcement or custodial officer whose service credit
annuity amount is based on the sum of the member's age and amount
of law enforcement or custodial officer service credit and
employee class service credit, and is not entitled to have the
annuity recalculated at normal retirement age. The standard or
reduced annuity is payable from the trust fund established by
Section 815.310 and the law enforcement and custodial officer
supplemental retirement fund in a ratio determined by the
retirement system.
(d) A member who retires under this section retires
simultaneously from the employee class of membership. Optional
retirement annuities provided by Section 814.108 are available to
a member eligible to receive a service retirement annuity under
this section, but the same optional plan and beneficiary must be
selected for the portion of the annuity payable from the law
enforcement and custodial officer supplemental retirement fund
and the portion payable from the trust fund established by
Section 815.310.
(e) The amount payable from the law enforcement and custodial
officer supplemental retirement fund is reducible by the amount
paid from the trust fund established by Section 815.310 for
service as a law enforcement or custodial officer. The total
combined amount of an annuity under this section may not be less
than the authorized benefit under Subsection (b) subtracted by
any amount necessary because of selection of an optional annuity,
because of retirement before the normal retirement age, or as
provided by Subsection (f).
(f) The standard combined service retirement annuity payable for
at least 20 years of service credit as a law enforcement or
custodial officer may not exceed 100 percent of the average
compensation computed under Subsection (b).
(g) For purposes of this section, service as a law enforcement
or custodial officer is creditable as provided by rule of the
board of trustees or on a month-to-month basis, whichever is
greater.
(h) Repealed by Acts 1995, 74th Leg., ch. 586, Sec. 45(1), eff.
Aug. 28, 1995.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1981, 67th Leg., 1st C.S., p. 199, ch. 18,
Sec. 13, 14, eff. Nov. 10, 1981; Acts 1989, 71st Leg., ch. 1227,
Sec. 1, eff. Sept. 1, 1989. Renumbered from Vernon's Ann.Civ.St.
Title 110B, Sec. 24.107 and amended by Acts 1989, 71st Leg., ch.
179, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg.,
ch. 16, Sec. 11.08(a), eff. Aug. 26, 1991; Acts 1991, 72nd Leg.,
ch. 850, Sec. 12, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch.
586, Sec. 15, 45(1), eff. Aug. 28, 1995; Acts 1999, 76th Leg.,
ch. 1541, Sec. 16, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch.
1231, Sec. 9, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1308, Sec. 13, eff. September 1, 2009.
Sec. 814.1075. ADJUSTED BENEFITS FOR CERTAIN PEACE OFFICERS.
(a) This section applies only to a person hired on or after
September 1, 2009, who was not a member on the date hired.
(b) A member who has at least 20 years of service credit as a
law enforcement or custodial officer is eligible to retire
regardless of age and receive a standard service retirement
annuity as provided by this section.
(c) The standard service retirement annuity payable for at least
20 years of service credit as a law enforcement or custodial
officer is an amount computed on the basis of the member's
average monthly compensation for the 48 highest months of
compensation in the employee class multiplied by the sum of the
percentage factor used in the computation of a standard service
retirement annuity under Section 814.105(c) plus 0.5 percent.
(d) The standard combined service retirement annuity that is
payable under this section is based on retirement at either the
age of 55 or the age at which the sum of the member's age and
amount of service credit in the employee class equals or exceeds
the number 80. The annuity of a law enforcement or custodial
officer who retires before reaching the age of 55 under any
eligibility criteria is actuarially reduced by five percent for
each year the member retires before the member reaches age 55,
with a maximum possible reduction of 25 percent.
(e) An annuity payable under this section:
(1) is payable from the trust fund established by Section
815.310 and from the law enforcement and custodial officer
supplemental retirement fund in a ratio determined by the
retirement system; and
(2) is based on the service credit available to the law
enforcement or custodial officer at the time of retirement and
the sum of the member's age and amount of law enforcement or
custodial officer service credit and employee class service
credit.
(f) A member who retires under this section retires
simultaneously from the employee class of membership. Optional
retirement annuities provided by Section 814.108 are available to
a member eligible to receive a service retirement annuity under
this section, but the same optional plan and beneficiary must be
selected for the portion of the annuity payable from the law
enforcement and custodial officer supplemental retirement fund
and the portion payable from the trust fund established by
Section 815.310.
(g) The amount payable from the law enforcement and custodial
officer supplemental retirement fund is reducible by the amount
paid from the trust fund established by Section 815.310 for
service as a law enforcement or custodial officer. The total
combined amount of an annuity under this section may not be less
than the authorized benefit under Subsection (c) subtracted by
any amount necessary because of the selection of an optional
annuity, because of retirement before the age of 55, or as
provided by Subsection (h).
(h) The standard combined service retirement annuity payable for
at least 20 years of service credit as a law enforcement or
custodial officer may not exceed 100 percent of the average
compensation computed under Subsection (c).
(i) For purposes of this section, service as a law enforcement
or custodial officer is creditable as provided by rule of the
board of trustees or on a month-to-month basis, whichever is
greater.
Added by Acts 2009, 81st Leg., R.S., Ch.
1308, Sec. 14, eff. September 1, 2009.
Sec. 814.108. OPTIONAL SERVICE RETIREMENT BENEFITS. (a)
Instead of the standard service retirement annuity payable under
Section 814.103 or 814.105, the standard combined service
retirement annuity payable under Section 814.107, or an annuity
actuarially reduced because of age under Section 814.107, a
retiring member may elect to receive an optional service
retirement annuity under this section.
(b) A person who selects an optional lifetime retirement annuity
must designate before the selection becomes effective one person
to receive the annuity on the death of the person making the
selection. A person who selects an optional retirement annuity
payable for a guaranteed period may designate, before or after
retirement, one or more persons to receive the annuity on the
death of the person making the selection.
(c) An eligible person may select one of the following options,
which provides that:
(1) after the retiree's death, the reduced annuity is payable in
the same amount throughout the life of the person designated by
the retiree before retirement;
(2) after the retiree's death, one-half of the reduced annuity
is payable throughout the life of the person designated by the
retiree before retirement;
(3) if the retiree dies before 60 monthly annuity payments have
been made, the remainder of the 60 payments are payable to one or
more beneficiaries or, if one does not exist, to the retiree's
estate;
(4) if the retiree dies before 120 monthly annuity payments have
been made, the remainder of the 120 payments are payable to one
or more beneficiaries or, if one does not exist, to the retiree's
estate; or
(5) after the retiree's death, three-fourths of the reduced
annuity is payable throughout the life of the person designated
by the retiree before retirement.
(d) If a person who is nominated by a retiree in the written
designation under Subsection (b) predeceases the retiree, the
reduced annuity of a retiree who has elected an optional lifetime
retirement annuity shall be increased to the standard service
retirement annuity that the retiree would otherwise be entitled
to receive if the retiree had not selected that annuity option.
The standard service retirement annuity shall be adjusted as
appropriate for:
(1) early retirement as permitted by law; and
(2) postretirement increases in retirement benefits authorized
by law after the date of retirement.
(e) The increase in the annuity under Subsection (d) begins with
the monthly payment made to the retiree for the month following
the month in which the person nominated dies or the September 30,
1991, payment, whichever is later, and is payable to the retiree
for the remainder of the retiree's life.
(f) The computation of an optional annuity must be made without
regard to the gender of the annuitant or designee involved.
(g) Except as provided by Section 814.008 or 814.1081, a person
who selected an optional service retirement annuity approved by
the board of trustees or an optional service retirement annuity
described by Subsection (c)(1), (c)(2), or (c)(5) may not change
or revoke a beneficiary designation after the person's effective
date of retirement.
(h) A beneficiary designation that names a former spouse as
beneficiary for a guaranteed optional annuity described by
Subsection (c)(3) or (c)(4) is invalid unless the designation is
made after the date of the divorce.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,
1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.
24.108 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff.
Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 13,
eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 586, Sec. 16, eff.
Aug. 28, 1995; Acts 1999, 76th Leg., ch. 168, Sec. 2, eff. May
21, 1999; Acts 2001, 77th Leg., ch. 1231, Sec. 10, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 1111, Sec. 18, eff. Sept. 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1308, Sec. 15, eff. September 1, 2009.
Sec. 814.1081. CHANGE IN ANNUITY SELECTION. (a) A person who
retired and selected an optional service retirement annuity
described by Section 814.108(c)(1), (c)(2), or (c)(5) may change
the optional annuity selection to the selection of a standard
service retirement annuity by filing with the retirement system a
request to change the annuity selection, if the retiree
designated a person as beneficiary who:
(1) was not at the time of designation and is not currently the
retiree's spouse or dependent child; or
(2) has executed since the designation a transfer and release,
approved by a court of competent jurisdiction pursuant to a
divorce decree, of the beneficiary's interest in the annuity and
is not currently the retiree's spouse or dependent child.
(b) If a retiree files a request as provided by Subsection (a),
the retirement system shall recompute the annuity as a standard
service retirement annuity. The increase in the annuity under
this section begins with the monthly payment made to the retiree
for the month following the month in which a request is filed as
provided by Subsection (a).
(c) Expired.
Added by Acts 1991, 72nd Leg., ch. 850, Sec. 14, eff. Sept. 1,
1991. Amended by Acts 1995, 74th Leg., ch. 586, Sec. 17, eff.
Aug. 28, 1995; Acts 1997, 75th Leg., ch. 1048, Sec. 15, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1231, Sec. 11, eff.
Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1308, Sec. 16, eff. September 1, 2009.
Sec. 814.1082. PARTIAL LUMP-SUM OPTION. (a) A member who is
eligible for an unreduced service retirement annuity may select a
standard retirement annuity or an optional retirement annuity
described by Section 814.108 together with a partial lump-sum
distribution.
(b) The amount of the lump-sum distribution under this section
may not exceed the sum of 36 months of a standard service
retirement annuity computed without regard to this section.
(c) The service retirement annuity selected by the member shall
be actuarially reduced to reflect the lump-sum option selected by
the member and shall be actuarially equivalent to a standard or
optional service retirement annuity, as applicable, without the
partial lump-sum distribution. The annuity and lump sum shall be
computed to result in no actuarial loss to the retirement system.
(d) Unless otherwise specified in rules adopted by the board of
trustees, the lump-sum distribution will be made as a single
payment payable at the time that the first monthly annuity
payment is paid to the retiree.
(e) The amount of the lump-sum distribution will be deducted
from any amount otherwise payable under Section 814.505.
(f) The partial lump-sum option under this section may be
elected only once by a member and may not be elected by a
retiree. A member retiring under the proportionate retirement
program under Chapter 803 is not eligible for the partial
lump-sum option.
(g) Before a retiring member selects a partial lump-sum
distribution under this section, the retirement system shall
provide a written notice to the member of the amount by which the
member's annuity will be reduced because of the selection. The
member shall be asked to sign a copy of or a receipt for the
notice, and the retirement system shall maintain the signed copy
or receipt.
(h) The board of trustees may adopt rules for the implementation
of this section and may authorize the option to be used for a
death benefit annuity. This section does not apply to a
disability retirement annuity.
Added by Acts 1999, 76th Leg., ch. 1541, Sec. 17, eff. Sept. 1,
1999.
SUBCHAPTER C. DISABILITY RETIREMENT BENEFITS
Sec. 814.201. APPLICATION FOR DISABILITY RETIREMENT BENEFITS.
(a) A member may apply for a disability retirement annuity by:
(1) filing an application for retirement with the board of
trustees; or
(2) having an application filed with the board by the member's
spouse, employer, or legal representative.
(b) An application for a disability retirement annuity may not
be made:
(1) after the date the disability retirement is to become
effective; or
(2) more than 90 days before the date the disability retirement
is to become effective.
(c) An application for an occupational disability retirement
annuity may not be made after the second anniversary of the date
the injury or disease that causes the disability occurs unless
the executive director permits the application after that date
because of a showing of good cause for delay.
(d) An applicant must submit to medical examination and provide
other pertinent information as required by the retirement system.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1983, 68th Leg., p. 1111, ch. 252, Sec. 5,
eff. Aug. 29, 1983. Renumbered from Vernon's Ann.Civ.St. Title
110B, Sec. 24.201 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff.
Sept. 1, 1989. Amended by Acts 2001, 77th Leg., ch. 1231, Sec.
12, eff. Sept. 1, 2001.
Sec. 814.202. ELIGIBILITY FOR DISABILITY RETIREMENT. (a) A
member who was contributing to the retirement system at the time
the member became permanently disabled for the further
performance of duty is eligible to retire for a nonoccupational
disability if the member has at least:
(1) 8 years of membership service credit in the elected class of
membership;
(2) 6 years of membership service credit in the elected class
plus 2 years of military service credit established before
January 1, 1978; or
(3) 10 years of membership service credit in the employee class
of membership.
(b) A member who was contributing to the retirement system at
the time the member became permanently incapacitated for the
further performance of duty, who meets the requirements provided
by Section 811.001(12), and who has service credit in either
membership class is eligible to retire for an occupational
disability regardless of age or amount of service credit.
(c) A member otherwise eligible may not receive a disability
retirement annuity unless the member is the subject of a
certification issued as provided by Section 814.203.
(d) Repealed by Acts 2005, 79th Leg., Ch. 347, Sec. 36(6), eff.
September 1, 2005.
(e) A member otherwise eligible may not apply for or receive a
nonoccupational disability annuity if the member is eligible for
a service retirement annuity under Section 814.102 or
814.104(a)(2) or (b).
(f) An application for a nonoccupational disability retirement
may not be made after the second anniversary of the date the
member ceased making contributions to the retirement system.
(g) A member otherwise eligible to receive a disability
retirement annuity may not receive the annuity if the member is:
(1) still earning a salary or wage from the employment for which
the member is claiming disability; or
(2) on leave without pay from the employment for which the
member is claiming disability.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1983, 68th Leg., p. 1980, ch. 361, Sec. 4,
eff. Sept. 1, 1983. Renumbered from Vernon's Ann.Civ.St. Title
110B, Sec. 24.202 and amended by Acts 1989, 71st Leg., ch. 179,
Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch.
850, Sec. 15, eff. Sept. 1, 1991; Acts 1999, 76th Leg., ch. 1541,
Sec. 18, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1231, Sec.
13, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
347, Sec. 12, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
347, Sec. 36(6), eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch.
1308, Sec. 17, eff. September 1, 2009.
Sec. 814.203. CERTIFICATION OF DISABILITY. (a) As soon as
practicable after an application for disability retirement is
filed, the medical board shall evaluate the medical and other
pertinent information regarding the member's application. If the
medical board finds that the member is mentally or physically
incapacitated for the further performance of duty, as supported
by substantial, objective, medical evidence, and that the
incapacity is likely to be permanent, the medical board shall
issue a certification of disability and submit it to the
executive director. A certification under this section is
admissible in a contested case under Section 815.511 without
proving the medical board as experts.
(b) For purposes of this subchapter, a member is incapacitated
for the further performance of duty if the member has
demonstrably sought and been denied workplace accommodation of
the disability in accordance with applicable law, and the member
is physically or mentally unable to continue to hold the position
occupied or to hold any other position offering comparable pay.
The employee's education, training, and experience must be
considered when making a determination of incapacity under this
subchapter.
(c) For the purposes of this section, "comparable pay" means 80
percent or more of the member's final state employment base pay
before deductions for taxes or deferred compensation under state
and federal law, including any longevity or hazardous duty pay,
but excluding the monetary value of any insurance or retirement
benefits. Comparable pay may be adjusted by the retirement
system to account for adjustments in state pay rates.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,
1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.
24.203 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1,
1989. Amended by Acts 2003, 78th Leg., ch. 1111, Sec. 19, eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
347, Sec. 13, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch.
1308, Sec. 18, eff. September 1, 2009.
Sec. 814.204. INFORMATION ABOUT OCCUPATIONAL DISABILITY. (a) A
member who applies for retirement for an occupational disability
shall furnish the retirement system all information and other
data requested by the retirement system and relating to the
disability.
(b) The retirement system may require information and other data
relating to an occupational disability retirement application to
be furnished by any officer or employee of the agency with which
the applicant holds a position.
(c) If a person who is requested to submit information or other
data under this section withholds the requested material, the
retirement system may elect to treat the application as one for
nonoccupational disability retirement benefits.
(d) After receiving information and other data the retirement
system considers necessary, the executive director shall
determine, subject to review by the board of trustees, whether or
not the disability is occupational.
(e) A contributing member who is also a member of the Texas
National Guard or the Texas State Guard is eligible for
retirement for an occupational disability if the person:
(1) is injured while on active duty with the national or state
guard;
(2) is discharged from that entity because of the injury; and
(3) ceases state employment.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,
1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.
24.204 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1,
1989. Amended by Acts 1997, 75th Leg., ch. 1245, Sec. 1, eff.
Sept. 1, 1997.
Sec. 814.205. DISABILITY RETIREMENT BENEFITS FOR ELECTED CLASS
SERVICE. (a) Except as provided by Subsection (b), a disability
retirement annuity for service credited in the elected class of
membership is an amount computed in the same manner as the
standard service retirement annuity, not reduced because of age,
for service credited in the elected class.
(b) An occupational disability retirement annuity for service
credited in the elected class is computed on the basis of the
amount of the member's service credit or eight years, whichever
is greater.
(c) A person who retires under this section may select an
optional retirement plan instead of the standard retirement
annuity.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,
1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.
24.205 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff.
Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 16,
eff. Sept. 1, 1991.
Sec. 814.2055. AVERAGE MONTHLY COMPENSATION. For purposes of
Sections 814.206 and 814.207, "average monthly compensation"
means:
(1) a member's average monthly compensation for service in the
employee class for the 36 highest months of compensation; or
(2) a member's average monthly compensation for service in the
employee class if a member retires with less than 36 months of
service.
Added by Acts 2001, 77th Leg., ch. 1231, Sec. 14, eff. Sept. 1,
2001.
Sec. 814.206. DISABILITY RETIREMENT BENEFITS FOR EMPLOYEE CLASS
SERVICE. (a) Except as provided by Subsection (b) and Section
814.207, a standard disability retirement annuity for service
credited in the employee class of membership is an amount
computed at the rate of 2.3 percent for each year of service
credit in that class, times the member's average monthly
compensation.
(b) A standard disability retirement annuity under this section
may not be more than 100 percent of the average monthly
compensation or, if occupational, not less than 35 percent of the
average monthly compensation or $150 a month, whichever is
greater.
(c) A standard disability retirement annuity computed under this
section is payable throughout the life of the retiree, except as
provided by Section 814.210.
(d) Instead of the standard disability retirement annuity
payable under this section, a retiring member may elect to
receive an optional disability retirement annuity payable
throughout the life of the retiree and actuarially reduced, under
tables adopted by the board of trustees, from the standard
disability retirement annuity.
(e) Optional disability retirement annuities available to a
disabled retiring member are those available to members retiring
from regular service under Section 814.108(c).
(f) A standard nonoccupational disability retirement annuity
under this section is reducible, under actuarial tables adopted
by the board of trustees, for a member who retires before
reaching an applicable age provided by Section 814.102 or
814.104.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,
1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.
24.206 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff.
Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 17,
eff. Sept. 1, 1991; Acts 2001, 77th Leg., ch. 1231, Sec. 15, eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
347, Sec. 14, eff. September 1, 2005.
Sec. 814.207. DISABILITY RETIREMENT BENEFITS FOR CERTAIN PEACE
OFFICERS. (a) An annuity payable for an occupational disability
resulting from a risk to which law enforcement or custodial
officers are exposed because of the nature of law enforcement or
custodial duties is payable under the same terms and conditions
that apply to other occupational disability retirement annuities
under this subtitle, except that the source and amount of the
annuity are as provided by this section.
(b) Except as provided by Subsection (c), an occupational
disability retirement annuity under this section is an amount,
but not more than 100 percent, computed on the basis of the
officer's average monthly compensation, times a percentage
derived by application of Section 814.107(b).
(c) A disability retirement annuity under this section is not
reducible because of age and may not be less than 50 percent of
the officer's average monthly compensation regardless of the
amount of service credited to the officer in the employee class.
(d) The portions of the annuity under this section payable from
the law enforcement and custodial officer supplemental retirement
fund are the amount remaining after deduction of any amount
payable under Section 814.206, except the portion of an amount
that exceeds the minimum payments provided by Section 814.206(b)
and that is made for service other than as a law enforcement or
custodial officer and any amount by which an annuity is increased
under Subsection (e).
(e) If a retiring member or retiree under this section presents
evidence satisfactory to the retirement system that the person's
occupational disability makes the person incapable of substantial
gainful activity solely because of the disability and is
considered a total disability under federal social security law,
the retirement system shall increase the person's occupational
disability retirement annuity to 100 percent of the officer's
average monthly compensation.
(f) An annuity increase under Subsection (e) is not payable
before the first month following the month in which the
satisfactory evidence is received by the retirement system under
Subsection (e).
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1981, 67th Leg., 1st C.S., p. 200, ch. 18,
Sec. 15, eff. Nov. 10, 1981. Renumbered from Vernon's Ann.Civ.St.
Title 110B, Sec. 24.207 and amended by Acts 1989, 71st Leg., ch.
179, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg.,
ch. 586, Sec. 18, eff. Aug. 28, 1995; Acts 2001, 77th Leg., ch.
1231, Sec. 16, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch.
1111, Sec. 20, eff. Sept. 1, 2003.
Sec. 814.208. MEDICAL EXAMINATION OF DISABILITY RETIREE. (a)
Once each year during the first five years after a member retires
for disability, and once in each three-year period after that,
the retirement system may require a disability retiree to undergo
a medical examination.
(b) An examination under this section may be held at the
retiree's residence or at any place mutually agreed to by the
retirement system and the retiree. The retirement system may
designate a physician to perform the examination. The retiree
shall pay the expense of the examination.
(c) If a disability retiree refuses to submit to a medical
examination as provided by this section, the executive director
shall discontinue the retiree's annuity payments until the
retiree submits to an examination. If a retiree has not submitted
to an examination as provided by this section before the first
anniversary of the date of first refusal, the executive director
shall revoke all rights of the retiree to an annuity.
(d) If the medical board finds that a disability retiree is no
longer mentally or physically incapacitated for the performance
of duty, it shall certify its findings and submit them to the
executive director. If the executive director concurs in this
certification, the annuity terminates and membership is restored
as provided by Section 814.210.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,
1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.
24.208 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 17, eff.
Sept. 1, 1991.
Sec. 814.210. RESTORATION OF DISABILITY RETIREE TO ACTIVE
SERVICE. (a) If a retiree who is receiving a disability
retirement annuity returns to state service or if the retiree is
found to be no longer incapacitated for the further performance
of duty, the person must again become a member of the retirement
system or, if the person holds a position included in the elected
class of membership, may elect to become a member. If a person
becomes a member under this section, the executive director shall
terminate the person's annuity payments.
(b) A person who becomes a member under this section is entitled
to service credit for all service previously established and not
canceled by a withdrawal of contributions.
(c) If a person's disability retirement annuity is discontinued
under this section, the person's selection of any optional
annuity becomes void.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,
1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.
24.210 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 17, eff.
Sept. 1, 1991.
Sec. 814.211. REFUND AT ANNUITY DISCONTINUANCE. (a) Except as
provided by Subsection (b), if a disability retirement annuity is
discontinued, the member is entitled to a lump-sum payment from
the retirement annuity reserve account in an amount, if any, by
which the amount in the member's individual account in the
employees saving account at the time of disability retirement
exceeds the amount of payments payable before the date the
annuity was discontinued.
(b) The benefit provided by this section is not payable to a
member who, after discontinuance of a disability retirement
annuity, returns to state service or elects a service retirement
annuity.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1985, 69th Leg., ch. 91, Sec. 5, eff. Sept.
1, 1985. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.
24.211 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff.
Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 17,
eff. Sept. 1, 1991.
SUBCHAPTER D. DEATH BENEFIT ANNUITIES
Sec. 814.301. SELECTION OF DEATH BENEFIT PLAN BY MEMBER. (a) A
contributing member who has at least 10 years of service credit
in the elected or employee class of membership may select a death
benefit plan for the payment, if the member dies while the member
is eligible to select a plan, of a death benefit annuity to a
person designated by the member. Death benefit annuities
available for selection by a member described in this subsection
are the optional annuities provided by Sections 814.108(c)(1) and
(c)(4), payable as if the member had retired at the time of
death.
(b) If a member of a retirement system administered by the board
of trustees selects death benefit plans under more than one
board-administered retirement system, each plan selected may take
effect. If a member selects a death benefit plan under only one
retirement system administered by the board of trustees, the plan
applies to service credit in other board-administered retirement
systems.
(c) The computation of a death benefit annuity selected under
this section must include the ages of the member and the member's
designated beneficiary at the time of the member's death.
(d) A member may select a death benefit plan by filing an
application for a plan with the retirement system on a form
prescribed by the retirement system. After selection, a death
benefit plan takes effect at death unless the member amends the
plan, selects a retirement annuity at the time of retirement, has
chosen a plan that cannot take effect, or becomes ineligible to
select a plan.
(e) A beneficiary designation that names a former spouse as
beneficiary is invalid for purposes of this section unless the
designation is made after the date of the divorce.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,
1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.
24.301 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff.
Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 18,
eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 586, Sec. 19, eff.
Aug. 28, 1995.
Amended by:
Acts 2005, 79th Leg., Ch.
347, Sec. 15, eff. September 1, 2005.
Sec. 814.302. SELECTION OF DEATH BENEFIT PLAN BY SURVIVOR OF
MEMBER. (a) If a contributing member eligible to select a death
benefit plan under Section 814.301 dies without having made a
selection, or if a selection cannot be made effective, the
member's designated beneficiary may select a plan in the same
manner as if the member had made the selection. If there is no
designated beneficiary, the personal representative of the
decedent's estate may make the selection for the benefit of the
decedent's heirs or devisees. In lieu of selecting a death
benefit plan, the designated beneficiary or, if there is none,
the personal representative of the decedent's estate, may elect
to receive a refund of contributions and any applicable payment
under Section 814.401.
(b) If a person dies who, at the time of death, was a
contributing member of a retirement program administered by the
board of trustees and was eligible, having met the requirements
of service credit and attained age, for a service retirement
annuity based on service in one or more board-administered
programs or was a contributing member of the employee class, had
at least three years of service credit in that class, and would
have been eligible to retire under the proportionate retirement
program under Chapter 803, but was not eligible to select a death
benefit plan, the person's surviving spouse may select a plan in
the same manner that the decedent could have made the selection
if the decedent had retired on the last day of the month in which
the person died. If there is no surviving spouse, the guardian of
the decedent's surviving minor children may select a plan. If the
decedent is not survived by a spouse or minor children, an
annuity may not be paid under this subsection.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,
1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.
24.302 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff.
Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 19,
eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 586, Sec. 20, eff.
Aug. 28, 1995; Acts 1999, 76th Leg., ch. 1541, Sec. 19, eff.
Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
347, Sec. 16, eff. September 1, 2005.
Sec. 814.304. ANNUITY FOR SURVIVOR OF ELECTED MEMBER. (a)
Except as provided by Subsections (b) and (c), if a member who
has at least eight years of service credit in the elected class
of membership dies, a death benefit annuity is payable in an
amount computed at the rate of one-half of the standard service
retirement annuity to which the member would have been entitled
at the member's age at the time of death or at the age of 60,
whichever is later.
(b) The annuity provided by this section is payable only to the
member's surviving spouse. If the member is not survived by a
spouse, a benefit may not be paid under this section.
(c) An annuity may not be paid under this section if, at the
time of death, the member was eligible to select a death benefit
annuity under Section 814.301.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,
1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.
24.304 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff.
Sept. 1, 1989.
Sec. 814.305. ANNUITY FOR SURVIVOR OF LAW ENFORCEMENT OR
CUSTODIAL OFFICER. If a member who has at least 20 years of
service credit as a law enforcement or custodial officer dies,
the amount of the death benefit annuity payable for the member's
service as a law enforcement or custodial officer is an amount
computed and funded as provided by Section 814.107, including any
applicable reduction factors.
Added by Acts 1983, 68th Leg., p. 1977, ch. 360, Sec. 1, eff.
Sept. 1, 1983. Renumbered from Vernon's Ann.Civ.St. Title 110B,
Sec. 24.305 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1,
eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 850,
Sec. 20, eff. Sept. 1, 1991.
SUBCHAPTER E. MEMBER DEATH BENEFITS
Sec. 814.401. MEMBER DEATH BENEFITS GENERALLY. (a) Except as
provided by Subsection (d), if a member dies under a circumstance
described in Subsection (c), a lump-sum death benefit is payable
from the state accumulation account in an amount computed at the
rate of five percent of the amount in the member's individual
account in the employees saving account at the time of death,
times the number of full years of service credit the member had
at the time of death, but not more than 100 percent of the amount
in the member's individual account.
(b) The benefit provided by this section is payable to the
beneficiary designated by the member under Section 814.403(b). If
a member does not designate a beneficiary or if the beneficiary
designation cannot be made effective, the benefit is payable to
the member's estate.
(c) A benefit is payable under this section only if the member
at the time of death was:
(1) actively employed by the state;
(2) receiving workers' compensation benefits for an injury
sustained while employed by the state; or
(3) on authorized sick leave.
(d) A death benefit may not be paid under this section if, at
the time of death, a death benefit annuity became effective.
(e) A beneficiary designation that names a former spouse as
beneficiary is invalid unless the designation is made after the
date of the divorce.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1985, 69th Leg., ch. 91, Sec. 6, eff. Sept.
1, 1985. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.
24.401 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff.
Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 21,
eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 586, Sec. 21, eff.
Aug. 28, 1995; Acts 2001, 77th Leg., ch. 1231, Sec. 17, eff.
Sept. 1, 2001.
Sec. 814.402. MEMBER OCCUPATIONAL DEATH BENEFITS. (a) Except
as provided by Subsection (b), if a member dies and the executive