| (a) In addition to the documents required under §75.1
of this chapter, the following documents shall be submitted in an
application for benefits under Tex. Gov't Code Chapter 615, Subchapter
F, unless the executive director or the executive director's designee
waives their submission:
(1) a sworn statement from the person making the claim
that:
(A) the decedent, on the date of death, was not receiving
and was not eligible to receive an annuity under an employee retirement
plan;
(B) the surviving spouse, if any, has not remarried;
(C) the surviving spouse, if any, is not retired and
is not eligible to retire under an employee retirement plan; and
(D) the surviving spouse, if any, is not receiving
and is not eligible to receive social security benefits; and
(2) an itemized statement of funeral expenses incurred,
if the application includes a claim for payment of funeral expenses.
(b) If the decedent died before September 1, 2022,
then except as provided by subsection (e) of this section, an annuity
payable to a surviving spouse who is eligible for benefits under Tex.
Gov't Code Chapter 615, Subchapter F, shall be computed as provided
by Tex. Gov't Code §814.105 as if the decedent, on the date of
death:
(1) was employed by the Texas Department of Public
Safety at the lowest salary provided by the General Appropriations
Act for a peace officer position, if the decedent held a peace officer
position on the date of death, or by the Texas Department of Criminal
Justice at the lowest salary provided by the General Appropriations
Act for a custodial personnel position, if the decedent held a custodial
personnel position on the date of death;
(2) had accrued 10 years of service credit in the applicable
position; and
(3) was eligible to retire without regard to any age
requirement.
(c) If the decedent died on or after September 1, 2022,
then except as provided by subsection (e) of this section, a surviving
spouse who is eligible for benefits under Tex. Gov't Code Chapter
615, Subchapter F, is entitled to receive the greater of an annuity
computed as provided by subsection (b) of this section or an annuity
computed as provided by Tex. Gov't Code §820.053 as if the decedent,
on the date of death:
(1) was employed by the Texas Department of Public
Safety at the lowest salary provided by the General Appropriations
Act for a peace officer position, if the decedent held a peace officer
position on the date of death, or by the Texas Department of Criminal
Justice at the lowest salary provided by the General Appropriations
Act for a custodial personnel position, if the decedent held a custodial
personnel position on the date of death;
(2) had accrued 10 years of service credit in the applicable
position;
(3) was eligible to retire without regard to any age
requirement; and
(4) was not eligible for the additional benefit provided
by Tex. Gov't Code §820.053(a)(2)(B).
(d) For purposes of subsection (c) of this section,
the system shall:
(1) include gain sharing interest in the computation
of an annuity under Tex. Gov't Code §820.053;
(2) determine which annuity computation would result
in the greater annuity at the time the annuity is first paid; and
(3) allow the surviving spouse to reject the system's
determination and elect to receive the lesser annuity by providing
written notice of the election, which shall be irrevocable, to the
system before any payment is made.
(e) In lieu of an amount computed under subsection
(b) or (c) of this section, an annuity shall be paid in the amount
the decedent would have been eligible to receive under the decedent's
employee retirement plan if the decedent had been eligible to retire
at the age and with the service attained on the last day of the month
of the decedent's death if:
(1) the person making the claim requests payment of
the amount computed under this subsection before any payment computed
under subsection (b) or (c) of this section is made;
(2) an authorized representative of the employee retirement
plan in which the decedent was a participant certifies the amount
computed under this subsection; and
(3) the amount computed under this subsection is greater
than the amounts computed under subsections (b) and (c) of this section.
(f) The reduction factors applied to a death benefit
plan administered by the system shall be applied in the same manner
to an annuity computed under subsection (b) or (c) of this section.
(g) As a condition of receipt of an annuity under Tex.
Gov't Code Chapter 615, Subchapter F, an eligible surviving spouse
shall agree to annually certify the spouse's eligibility under subsection
(a)(1)(B) - (D) of this section and to notify the system of any change
in circumstances affecting the spouse's continued eligibility. Failure
to comply with this requirement or to provide the agreed certification
is a basis for suspension of annuity payments until compliance occurs.
(h) The amount reimbursed for funeral expenses under
Tex. Gov't Code Chapter 615, Subchapter F, shall not exceed the lesser
of $6,000 or the amount of funeral expenses actually incurred.
(i) The executive director or the executive director's
designee may require additional information or affidavits as necessary
to establish the validity of any claim under this section.
|
| Source Note: The provisions of this §75.2 adopted to be effective September 13, 2001, 26 TexReg 6954; amended to be effective March 18, 2002, 27 TexReg 2059; amended to be effective September 8, 2020, 45 TexReg 6238; amended to be effective December 29, 2022, 47 TexReg 8735 |
