| (a) Organization. TRS is divided into administrative
divisions, which are further divided into departments, for the efficient
implementation of its duties. Any person who desires any action from
TRS must consult with the proper department within TRS and comply
with all proper requirements for completing forms and providing information
to that department.
(b) Final administrative decision by chief benefit
officer. In the event that a person is adversely affected by a determination,
decision, or action of department personnel, the person may appeal
the determination, decision, or action to the appropriate manager
within the department, and then to the chief benefit officer of TRS.
The chief benefit officer shall mail a final written administrative
decision, which shall include:
(1) the chief benefit officer's determination regarding
the person's appeal and reasons for denying the appeal, if applicable;
and
(2) a statement that if the person is adversely affected
by the decision, the person may request an adjudicative hearing to
appeal the decision and the deadline for doing so.
(c) An appeal to the chief benefit officer as described
by subsection (b) of this section must be submitted by the later of:
(1) 45 days after the date the decision of the department
manager is mailed; or
(2) the number of days after the date the decision
of the department manager is mailed equal to the number of days it
took TRS to issue the decision of the department manager.
(d) The number of days it took TRS to issue the decision
of the department manager is calculated from the date TRS received
the person's appeal of the determination, decision, or action of department
personnel to the date TRS mailed the decision of the department manager.
(e) A person adversely affected by a decision of the
chief benefit officer may request an adjudicative hearing to appeal
the decision of the chief benefit officer as provided in §43.5
of this chapter (relating to Request for Adjudicative Hearing). The
deputy director shall determine whether the appeal should be docketed
and set for a contested case hearing pursuant to §43.9 of this
chapter (relating to Docketing of Appeal for Adjudicative Hearing
and Dismissal for Failure to Obtain Setting).
(f) Final administrative decision by Medical Board.
In the event that the Medical Board does not certify disability of
a member under Government Code, §824.303(b), or the Medical Board
certifies that a disability retiree is no longer mentally or physically
incapacitated for the performance of duty under Government Code, §824.307(a),
the member or retiree may request reconsideration and submit additional
information to the Medical Board. The Medical Board shall consider
a request for reconsideration and additional information and make
a determination on the disability of the member or retiree. If a request
for reconsideration has been denied, a member or retiree may appeal
the decision by requesting an adjudicative hearing as provided in §43.5
of this chapter (relating to Request for Adjudicative Hearing). The
deputy director shall determine whether the appeal should be docketed
and set for a contested case hearing pursuant to §43.9 of this
chapter (relating to Docketing of Appeal for Adjudicative Hearing
and Dismissal for Failure to Obtain Setting).
(g) Applicability. The procedures of this chapter apply
only to administrative decisions, appeals, and adjudicative hearings
relating to the TRS pension plan, unless rules relating to other programs
specifically adopt by reference the provisions of this chapter.
|
| Source Note: The provisions of this §43.1 adopted to be effective April 20, 1988, 13 TexReg 1672; amended to be effective January 24, 1992, 17 TexReg 256; amended to be effective June 9, 1999, 24 TexReg 4249; amended to be effective March 12, 2003, 28 TexReg 2115; amended to be effective March 8, 2007, 32 TexReg 1095; amended to be effective April 1, 2011, 36 TexReg 2002; amended to be effective March 19, 2020, 45 TexReg 1862; amended to be effective October 17, 2021, 46 TexReg 6945 |
