| (a) A person entitled to benefits from the pension
system may, in a manner determined by the pension system, reduce the
amount of the benefits or revoke the right to the benefits. A decision
under this section is irrevocable and binding on the person's spouse
and dependents, if applicable. If the person reducing or revoking
benefits is married, the person's spouse must consent to such reduction
or revocation in writing in a manner determined by the pension system.
(b) A reduction or revocation under this section applies
to all payments that become or would have become due after the date
of the reduction or revocation. Amounts waived under this section
are forfeited to the pension system.
(c) A subsequent cost-of-living adjustment granted
under the pension system, a benefit increase granted by a governing
body of a participating department, or a benefit increase or adjustment
for persons entitled to benefits under the Texas Local Fire Fighters
Retirement Act that are being administered by the pension system will
not be applied to persons who have reduced or revoked their benefits
under this section.
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| Source Note: The provisions of this §302.4 adopted to be effective October 2, 2005, 30 TexReg 6060; amended to be effective October 18, 2015, 40 TexReg 7099; amended to be effective December 31, 2019, 44 TexReg 8332 |
