| (a) The system shall terminate the annuity of an elected
official or corrections officer convicted of a qualifying felony pursuant
to §69.3 of this chapter upon receipt of notice of the conviction
as specified in Tex. Gov't Code §810.003 or §810.004 or
other proper notice of the conviction.
(b) Proper notice of the conviction must include:
(1) a copy of the court's judgment and sentence or
documentation equivalent to a judgment and sentence; and
(2) identifying information establishing that the person
named in the judgment and sentence is an elected official or corrections
officer who is a contributing member or annuitant of the system, including,
but not limited to, the person's date of birth or social security
number.
(c) The person convicted of a qualifying felony must
provide proper notice of the conviction to the system not later than
the 30th day after the judgment and sentence are entered by the court.
If the person fails to provide such notice on or before the 30-day
deadline, the person must repay to the system all annuity payments
that would have been forfeited if timely notice had been provided.
The system shall recoup the annuity payments prior to making any payment
to an alternate payee, except as provided by Tex. Gov't Code §810.003(g)
or §810.004(f), and shall offset such payments against a refund
of the person's remaining service retirement annuity contributions,
including service purchase funds, if any.
(d) For an elected official, the governmental entity
to which the person was elected or appointed must provide proper notice
of the conviction to the system not later than the 30th day after
the judgment and sentence are entered by the court.
(e) For elected officials and corrections officers,
the court entering the judgment and sentence must provide proper notice
of the conviction to the system as soon as practicable but not later
than the 30th day after the judgment and sentence are entered by the
court.
(f) For elected officials and corrections officers,
the lead prosecuting attorney must provide proper notice of the conviction
to the system as soon as practicable but not later than the 30th day
after the judgment and sentence are entered by the court. The lead
prosecuting attorney also shall provide a copy of the indictment to
the system.
(g) A court's, governmental entity's, or lead prosecuting
attorney's failure to comply with the notice requirements under subsection
(d), (e), or (f) of this section shall not prevent the system from
terminating an annuity.
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