| (a) The annuity of an elected official shall be terminated
if:
(1) the elected official is convicted of a qualifying
felony committed while in office; and
(2) the conduct underlying the qualifying felony arose
directly from the official duties of the elected official's office.
(b) The annuity of a corrections officer shall be terminated
if:
(1) the corrections officer is convicted of a qualifying
felony; and
(2) the conduct underlying the qualifying felony arose
directly from the person's service as a corrections officer.
(c) If the elected official or corrections officer
is receiving an annuity at the time that the system receives notice
of the conviction, the final annuity payment shall be paid on the
last day of the month following the month in which the system receives
the notice of conviction.
(d) If the annuity of an elected official or corrections
officer is terminated pursuant to subsection (a) or (b) of this section,
the system shall issue a refund of the person's remaining service
retirement annuity contributions, including service purchase funds,
with interest, unless the annuity is subject to an order of a court
awarding any part of the annuity to a spouse, former spouse, or other
alternate payee. A refund under this section is subject to an order
of a court awarding all or part of the person's service retirement
annuity contributions to a former spouse as provided by Tex. Gov't
Code §810.003(f), except as otherwise provided by §69.4
and §69.5 of this chapter.
(e) The system shall reinstate the annuity and refund
payments withheld during the suspension period, with interest, or
if not retired shall reinstate membership and canceled service credit
if:
(1) the conviction is overturned on appeal or the elected
official or corrections officer meets all requirements for innocence
under Tex. Civ. Prac. and Rem. Code §103.001(a)(2); and
(2) the system receives a completed application for
reinstatement and a payment equal to the refund provided under subsection
(d) of this section, not later than the 120th day after the conviction
is overturned or the person meets all requirements for innocence.
(f) Interest under this chapter shall be calculated
at the rate provided by Tex. Gov't Code §815.311 in effect at
the time the system reinstates the annuity.
(g) Subject to applicable federal law, an elected official
or a corrections officer whose annuity is terminated under this chapter
is no longer an annuitant for purposes of Tex. Ins. Code Chapter 1551.
Coverage shall terminate on the first day of the month following the
final annuity payment.
(h) Service credit previously earned in any class by
an elected official or corrections officer whose annuity is terminated
under this chapter is no longer creditable service and may not be
used, transferred, or repurchased under Tex. Gov't Code Chapters 803,
805, or 813 or under §833.102 or §838.102 unless the system
reinstates the annuity because the conviction has been overturned
or the person has met all requirements for innocence. If the conviction
has been overturned or the person has met all requirements for innocence,
interest shall be calculated as if there was no suspension period.
(i) A decision by the system under this chapter constitutes
final agency action and no administrative appeal from the decision
is available.
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