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RULE §61.705Contents of Application

(a) A disabled peace officer must submit a completed, OAG approved application for compensation to the Crime Victims' Compensation Program, Office of the Attorney General, P.O. Box 12198, Austin, TX 78711-2198. An application is deemed complete if:

  (1) it is signed by the applicant or his or her legal representative, attesting to the truthfulness, accuracy, and completeness of the enclosed information; and

  (2) all necessary documents are provided.

(b) The application shall include all relevant supporting documents which will be used by the OAG to determine eligibility and the date and amount of the first annual payment. The OAG requires that the peace officer submit supporting documents to determine continuing eligibility and the amount of each subsequent annual payment. The following is necessary supporting documentation:

  (1) The peace officer must submit all necessary supporting documentation, such as that listed in §61.704 of this subchapter (relating to Supporting Evidence for Determination of Total Disability Resulting in Permanent Incapacity for Work), as evidence of the total disability which resulted in a permanent incapacity for work as a peace officer;

  (2) The peace officer must submit all necessary supporting documentation as evidence of the officer's average annual net salary during the officer's final three years as a peace officer; or, if employed less than three years, the peace officer must submit evidence of the peace officer's final net salary. This supporting documentation may be copies of the police officer's federal income tax return(s) for the time period or any other documentation deemed necessary by the OAG.

  (3) The peace officer may be required to submit a copy of his or her annual income tax return annually; and

  (4) The peace officer must submit all necessary supporting documentation as evidence of other sources of income, such as:

    (A) settlements relating to the injury or disability;

    (B) insurance benefits;

    (C) short or long term disability benefits;

    (D) federal disability benefits;

    (E) workers' compensation benefits;

    (F) benefits from another government entity; and/or,

    (G) employee wage continuation.

(c) The OAG may request additional information as the OAG deems necessary to make an accurate determination of the amount of award due to the disabled peace officer.

Source Note: The provisions of this §61.705 adopted to be effective December 15, 2002, 27 TexReg 11513; amended to be effective October 30, 2014, 39 TexReg 8373

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