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RULE §308.3Disability Retirement Benefits

(a) Except as otherwise provided by §864.004, §864.005, and §864.0051, Texas Government Code, and this section, a member whose disability results from performing emergency services or support services is entitled to a temporary disability retirement benefit in the form of a monthly annuity during the period of the disability as determined under §864.004(c), Texas Government Code, in an amount equal to $400 plus $50 for every $12 increase in Part One contributions above $36 based on the contribution rate applicable to the participating department for which the member was performing emergency services or support services at the time of the disability.

(b) An increase in contributions after the payment of a monthly disability annuity begins does not increase the amount of the annuity.

(c) Disability benefits are prorated for portions of months during which a person is disabled.

(d) An application for disability retirement benefits must be filed with the local board. The local board shall report to the Executive Director, in a manner provided by the pension system, a determination of a temporary disability not later than the 45th day after the date the application is received by the local board.

(e) The determination of a temporary disability is a determination that a member is disabled as described in §864.004(a), Texas Government Code prior to the determination of permanent disability by the medical board under §864.0051(a), Texas Government Code and is not a determination that a particular condition of a member is of a temporary nature. A member's right to receive a continuing disability retirement benefit shall be determined in accordance with §864.0051, Texas Government Code.

(f) For purposes of a determination by the local board or the medical board of a member's disabled status under §864.004, §864.005, or §864.0051, a member's "regular occupation" may be determined within the sole discretion of the local board or medical board to mean any occupation the member held immediately prior to becoming disabled, whether or not the member received compensation in connection with such occupation, including, without limitation, an occupation as a homemaker or caretaker.

(g) The state board may adopt procedures for the administration of disability retirement benefits under the pension system as it deems necessary.

Source Note: The provisions of this §308.3 adopted to be effective October 2, 2005, 30 TexReg 6062; amended to be effective July 26, 2006, 31 TexReg 5810; amended to be effective August 26, 2007, 32 TexReg 5185; amended to be effective August 31, 2014, 39 TexReg 6869; amended to be effective October 18, 2015, 40 TexReg 7103; amended to be effective December 31, 2019, 44 TexReg 8333

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