| (a) Except as provided in subsection (b) of this section,
a person adversely affected by a final administrative decision of
the Teacher Retirement System of Texas (TRS) relating to the pension
plan on a matter over which TRS has jurisdiction and authority to
grant relief and the relief sought does not conflict with the terms
of the pension plan may appeal the decision and request an adjudicative
hearing with regard to the following:
(1) any matter related to a member's service or disability
retirement, death or survivor benefits, or request for refund of accumulated
contributions;
(2) the eligibility of a person for membership in TRS;
(3) the amount of annual compensation credited by TRS;
(4) the amount of deposits or fees required of a member;
(5) any matter involving the granting, purchase, transfer,
or establishment of service credit;
(6) any application for correction of error in the
file of a member, beneficiary, or alternate payee, other than a determination
of whether an order is a qualified domestic relations order;
(7) the cancellation or suspension of retirement, survivor,
or death benefits; or
(8) any other matter affecting eligibility for retirement
and related disability and death benefits or the amount of such benefits
payable under the laws governing TRS.
(b) A determination by the executive director or the
executive director's designee regarding whether a court with jurisdiction
over the marriage of a retiree and the beneficiary of an optional
annuity selected by the retiree under §824.204(c)(1), (c)(2),
or (c)(5) or an optional disability annuity selected by the retiree
under §824.308(c)(1), (c)(2), or (c)(5) has approved or ordered
a change in retirement plan under §824.1012, Government Code,
or a change in beneficiary under §824.1013, Government Code,
is a final decision by TRS. No appeal to the board of trustees of
TRS is authorized. A party adversely affected by a determination of
the executive director or the designee must file a motion for reconsideration
with the executive director no later than 25 days after the date such
a determination is rendered if the party wishes to contest the determination.
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| Source Note: The provisions of this §43.4 adopted to be effective April 20, 1988, 13 TexReg 1672; amended to be effective June 9, 1999, 24 TexReg 4249; amended to be effective March 12, 2003, 28 TexReg 2115; amended to be effective April 1, 2011, 36 TexReg 2002; amended to be effective November 14, 2017, 42 TexReg 6379 |
