| (a) Except as otherwise provided by §864.004, §864.005,
and §864.0051, Texas Government Code, and this section, a member
whose disability results from performing emergency services or support
services is entitled to a temporary disability retirement benefit
in the form of a monthly annuity during the period of the disability
as determined under §864.004(c), Texas Government Code, in an
amount equal to $400 plus $50 for every $12 increase in Part One contributions
above $36 based on the contribution rate applicable to the participating
department for which the member was performing emergency services
or support services at the time of the disability.
(b) An increase in contributions after the payment
of a monthly disability annuity begins does not increase the amount
of the annuity.
(c) Disability benefits are prorated for portions of
months during which a person is disabled.
(d) An application for disability retirement benefits
must be filed with the local board. The local board shall report to
the Executive Director, in a manner provided by the pension system,
a determination of a temporary disability not later than the 45th
day after the date the application is received by the local board.
(e) The determination of a temporary disability is
a determination that a member is disabled as described in §864.004(a),
Texas Government Code prior to the determination of permanent disability
by the medical board under §864.0051(a), Texas Government Code
and is not a determination that a particular condition of a member
is of a temporary nature. A member's right to receive a continuing
disability retirement benefit shall be determined in accordance with §864.0051,
Texas Government Code.
(f) For purposes of a determination by the local board
or the medical board of a member's disabled status under §864.004, §864.005,
or §864.0051, a member's "regular occupation" may be determined
within the sole discretion of the local board or medical board to
mean any occupation the member held immediately prior to becoming
disabled, whether or not the member received compensation in connection
with such occupation, including, without limitation, an occupation
as a homemaker or caretaker.
(g) The state board may adopt procedures for the administration
of disability retirement benefits under the pension system as it deems
necessary.
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| Source Note: The provisions of this §308.3 adopted to be effective October 2, 2005, 30 TexReg 6062; amended to be effective July 26, 2006, 31 TexReg 5810; amended to be effective August 26, 2007, 32 TexReg 5185; amended to be effective August 31, 2014, 39 TexReg 6869; amended to be effective October 18, 2015, 40 TexReg 7103; amended to be effective December 31, 2019, 44 TexReg 8333 |
