reglab/housing_qa huggingface dataset:
TX Govt Code § 844.302 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle F - Texas County and District Retirement System|Chapter 844 - Benefits|Subchapter D. Disability Retirement Benefits|Section 844.302. Eligibility for Disability Retirement Annuity

Sec. 844.302.  ELIGIBILITY FOR DISABILITY RETIREMENT ANNUITY.  (a)  A member who is not vested for service retirement beginning on or before the date the member attains age 60 and who has applied for disability retirement is eligible to receive a disability retirement annuity if the member is the subject of a certification issued as provided by Section 844.303(b)(1).(b)  A member who is vested for service retirement based on service in this system alone beginning on or before the date the member attains age 60 and who has applied for disability retirement is eligible to receive a retirement annuity if the member is the subject of a certification issued as provided by Section 844.303(b)(2). (c)  If a member who has filed an application for disability retirement under this subchapter is eligible for service retirement, an evaluation by the medical board under Section 844.303 will not be made and the retirement system shall consider the retirement application as an application filed for service retirement.|Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 54.302 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 460, Sec. 15, eff. Jan. 1, 1992;  Acts 1999, 76th Leg., ch. 427, Sec. 35, eff. Dec. 31, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 43, eff. January 1, 2008.|
TX Govt Code § 844.303 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle F - Texas County and District Retirement System|Chapter 844 - Benefits|Subchapter D. Disability Retirement Benefits|Section 844.303. Certification of Disability

Sec. 844.303.  CERTIFICATION OF DISABILITY.  (a)  Except as provided by Section 844.302(c) and Subsection (c) of this section, as soon as practicable after an application for disability retirement is filed, the medical board shall evaluate the medical and other pertinent information concerning the member's application.(b)  The medical board shall issue a certification of disability and submit it to the board of trustees, if the medical board finds:(1)  in the case of a member described by Section 844.302(a), that:(A)  the member is mentally or physically incapacitated for any gainful occupation;(B)  the incapacity is the direct result of injuries sustained during membership by external and violent means as a direct and proximate result of the performance of duty; and(C)  the incapacity is likely to be permanent; or(2)  in the case of a member described by Section 844.302(b), that:(A)  the member is mentally or physically incapacitated for any gainful occupation; and(B)  the incapacity is likely to be permanent.(c)  The board of trustees may establish a procedure for summary disposition of disability retirement applications without medical board review under facts and circumstances that the board has determined cause a review by the medical board to be unnecessary.  The board may delegate to the director the authority and discretion to make determinations under the summary disposition procedure and, if appropriate, to issue a certification of disability described by Subsection (b) or refer the matter to the medical board.  The director is not authorized under this section to make a finding that an applicant is not permanently incapacitated.(d)  The board of trustees may define terms and standards to be applied by the medical board in making its determinations and shall establish such other rules as the board considers necessary to administer this subchapter.|Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 491, Sec. 22, eff. June 12, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 54.303 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 460, Sec. 16, eff. Jan. 1, 1992;  Acts 1999, 76th Leg., ch. 427, Sec. 36, eff. Dec. 31, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 44, eff. January 1, 2008.|
TX Govt Code § 844.3051 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle F - Texas County and District Retirement System|Chapter 844 - Benefits|Subchapter D. Disability Retirement Benefits|Section 844.3051. Disability Retirement Considered Service Retirement

Sec. 844.3051.  DISABILITY RETIREMENT CONSIDERED SERVICE RETIREMENT.  (a)  The retirement annuity of a disability retiree may not be terminated under this subchapter after the earlier of:(1)  the date a disability retiree attains age 60; or(2)  the date the disability retiree would otherwise be eligible for service retirement under this subtitle.(b)  The disability retirement of a disability retiree described by Subsection (a) is considered for all purposes under this subtitle as a service retirement.|Added by Acts 2001, 77th Leg., ch. 122, Sec. 33, eff. Dec. 31, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 45, eff. January 1, 2008.|
TX Govt Code § 844.306 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle F - Texas County and District Retirement System|Chapter 844 - Benefits|Subchapter D. Disability Retirement Benefits|Section 844.306. Medical Examination of Disability Retiree

Sec. 844.306.  MEDICAL EXAMINATION OF DISABILITY RETIREE.  (a)  Until the date a disability retirement is considered a service retirement under Section 844.3051, once each year during the first five years after a person retires for disability, and once in each three-year period after that, the board of trustees may, in accordance with rules and procedures established by the board, require a disability retiree to undergo a medical examination and provide current medical and other information reaffirming the status of the retiree as disabled within the meaning of this subchapter.(b)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 873, Sec. 92(24), eff. January 1, 2008.(c)  If a disability retiree refuses to submit to medical examination or fails to provide current medical or other information confirming the status of the retiree as disabled, the board of trustees may cancel the disability retirement and terminate the retirement annuity.|Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 54.305 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 122, Sec. 34, eff. Dec. 31, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 46, eff. January 1, 2008.Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 92(24), eff. January 1, 2008.|
TX Govt Code § 844.307 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle F - Texas County and District Retirement System|Chapter 844 - Benefits|Subchapter D. Disability Retirement Benefits|Section 844.307. Cancellation of Disability Retirement

Sec. 844.307.  CANCELLATION OF DISABILITY RETIREMENT.  (a)  If the medical board finds that a disability retiree has experienced medical improvement to the extent that the retiree is no longer mentally or physically incapacitated, it shall certify its findings and submit them to the board of trustees.(b)  In accordance with rules and procedures adopted by the board, the board of trustees may adopt the findings of the medical board and cancel the disability retirement and terminate annuity payments to the retiree.|Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 54.306 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 460, Sec. 17, eff. Jan. 1, 1992;  Acts 2001, 77th Leg., ch. 122, Sec. 35, eff. Dec. 31, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 47, eff. January 1, 2008.|
TX Govt Code § 844.309 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle F - Texas County and District Retirement System|Chapter 844 - Benefits|Subchapter D. Disability Retirement Benefits|Section 844.309. Adjustments at Annuity Termination

Sec. 844.309.  ADJUSTMENTS AT ANNUITY TERMINATION.(a)  If a disability retirement is canceled and the retirement annuity terminated under this subchapter, the person automatically resumes membership in the retirement system and the retirement system shall transfer from the subdivision accumulation fund and credit to the person's individual account in the employees saving fund an amount equal to the amount of accumulated contributions transferred to the subdivision accumulation fund at the time of retirement reduced by one percent for each year or part of a year during which disability annuity payments were made.(b)  If a person whose membership resumes under this section was receiving a supplemental annuity based in whole or in part on prior service credit, the retirement system shall restore to effect as the person's maximum prior service credit an amount equal to the person's maximum prior service credit at the time of disability retirement reduced by one percent for each year or part of a year during which disability annuity payments were made.(c)  A person who resumes membership under this section  is entitled to restoration of credited service in the number of months accumulated and allowed before disability retirement.(d)  The board of trustees may adopt rules for the computation and transfer of amounts and credits for a membership resumed under this subchapter.|Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 54.308 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 460, Sec. 18, eff. Jan. 1, 1992;  Acts 2001, 77th Leg., ch. 122, Sec. 36, eff. Dec. 31, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 48, eff. January 1, 2008.Acts 2015, 84th Leg., R.S., Ch. 303 (S.B. 463), Sec. 3, eff. June 1, 2015.|
TX Govt Code § 844.401 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle F - Texas County and District Retirement System|Chapter 844 - Benefits|Subchapter E. Death Benefits|Section 844.401. Return of Accumulated Contributions

Sec. 844.401.  RETURN OF ACCUMULATED CONTRIBUTIONS.  (a)  Except as provided by Subsection (c), if a member dies before retirement, a lump-sum death benefit is payable from the employees saving fund in the amount of:(1)  the decedent's accumulated contributions;  plus(2)  interest computed on the decedent's accumulated contributions on January 1 of the year of death from the beginning of that year through the end of the month before the month in which death occurs.(b)  The benefit provided by this section is payable to the decedent's beneficiary or, if no surviving beneficiary exists, to the decedent's spouse or, if no surviving spouse exists, to the decedent's estate.(c)  A benefit is not payable under this section if an annuity based on the same service with the subdivision is payable under this subtitle.|Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 54.401 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 309, Sec. 11, eff. Dec. 1, 1997;  Acts 2001, 77th Leg., ch. 122, Sec. 38, eff. Dec. 31, 2001.|
TX Govt Code § 844.402 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle F - Texas County and District Retirement System|Chapter 844 - Benefits|Subchapter E. Death Benefits|Section 844.402. Return of Excess Contributions

Sec. 844.402.  RETURN OF EXCESS CONTRIBUTIONS.  (a)  After the death of a member or former member and after the final payment has been made under any service, disability, or survivor annuity, a lump-sum death benefit is payable in an amount, if any, by which the amount in the person's individual account in the employees saving fund on which the annuity was computed exceeds the amount of annuity payments made.(b)  The benefit provided by this section is payable to the person entitled to receive the final monthly payment of the annuity. If that person is deceased, the benefit provided by this section is payable to the person's beneficiary or, if no surviving beneficiary exists, to the person's spouse or, if no surviving spouse exists, to the person's estate.(c)  The benefit provided by this section is payable from the subdivision accumulation fund.(d)  For plans terminated under Subchapter A-1, Chapter 842, the benefit provided by this section is payable from the closed subdivision annuity reserve fund.|Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 54.402 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 122, Sec. 38, eff. Dec. 31, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 303 (S.B. 463), Sec. 4, eff. June 1, 2015.|
TX Govt Code § 844.404 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle F - Texas County and District Retirement System|Chapter 844 - Benefits|Subchapter E. Death Benefits|Section 844.404. Person Causing Death of Member or Annuitant

Sec. 844.404.  PERSON CAUSING DEATH OF MEMBER OR ANNUITANT.  (a)  A benefit, including any optional group term life benefit, payable on the death of a member or annuitant may not be paid to a person convicted of causing that death but instead is payable to a person who would be entitled under this subtitle to the benefit had the convicted person predeceased the decedent.  If no person would be entitled to the benefit, the benefit is payable to the decedent's estate.(b)  The retirement system is not required to change the recipient of benefits under this section unless it receives actual notice of the conviction of a beneficiary.  However, the retirement system may delay payment of a benefit payable on the death of a member or annuitant pending the results of a criminal investigation and of legal proceedings relating to the cause of death.(c)  The retirement system is not liable for any benefit paid to a convicted person before the date the system receives actual notice of the conviction, and any payment made before that date is a complete discharge of the system's obligation with regard to that benefit payment.  The convicted person holds all payments received in constructive trust for the rightful recipient.(d)  If an annuity is in pay status, the retirement system shall pay in a lump sum the actuarial equivalent of the remainder of any annuity or payments that would otherwise have been payable to the convicted person to the person entitled to the benefit under Subsection (a) or to the decedent's estate.  The time of the actuarial equivalence is the earlier of the time the retirement system receives the notice of the conviction under Subsection (b) or the time the retirement system begins the delay in payment of a benefit under Subsection (b).(e)  For the purposes of this section, a person has been convicted of causing the death of a member or annuitant if the person:(1)  has pleaded guilty or nolo contendere to or has been found guilty by a court of competent jurisdiction of an offense at the trial of which it is established that the person's intentional, knowing, or reckless act or omission resulted in the death of a person who was a member or annuitant, regardless of whether sentence is imposed or probated;  and(2)  has no appeal of the conviction pending and the time provided for appeal has expired.|Added by Acts 1995, 74th Leg., ch. 245, Sec. 22, eff. Sept. 1, 1995.Amended by: Acts 2009, 81st Leg., R.S., Ch. 300 (H.B. 407), Sec. 21, eff. January 1, 2010.|
TX Govt Code § 844.405 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle F - Texas County and District Retirement System|Chapter 844 - Benefits|Subchapter E. Death Benefits|Section 844.405. Trust as Beneficiary

Sec. 844.405.  TRUST AS BENEFICIARY.  (a)  Except as limited by Subsection (b), a member or retiree may designate a trust as beneficiary for the payment of benefits from the retirement system or may designate multiple trusts as beneficiaries for the payment of benefits from the system in the same manner and with the same limitations that apply to the designation of multiple beneficiaries.  If a trust is designated beneficiary, the beneficiary of the trust is considered the designated beneficiary for the purpose of determining eligibility for and the amount and duration of benefits.  The trustee is entitled to exercise any rights granted a designated beneficiary to elect benefit options and name subsequent beneficiaries.(b)  Multiple trusts or a single trust having multiple beneficiaries may not receive benefits to which multiple designated beneficiaries are not eligible under this chapter.|Added by Acts 1995, 74th Leg., ch. 245, Sec. 23, eff. Sept. 1, 1995.Amended by: Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 49, eff. January 1, 2008.|
TX Govt Code § 844.406 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle F - Texas County and District Retirement System|Chapter 844 - Benefits|Subchapter E. Death Benefits|Section 844.406. Simultaneous Death of Member and Beneficiary

Sec. 844.406.  SIMULTANEOUS DEATH OF MEMBER AND BENEFICIARY.  When a member or retiree and the spouse or beneficiary of the member or retiree have died within a period of less than 120 hours of each other, the member or retiree is considered to have survived the spouse or beneficiary for the purpose of determining the rights to amounts payable under this subtitle on the death of the member or retiree.|Added by Acts 1995, 74th Leg., ch. 245, Sec. 24, eff. Sept. 1, 1995.|
TX Govt Code § 844.407 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle F - Texas County and District Retirement System|Chapter 844 - Benefits|Subchapter E. Death Benefits|Section 844.407. Survivor Annuity

Sec. 844.407.  SURVIVOR ANNUITY.(a)  In this section "eligible member" means  a member who has four or more years of credited service with one or more subdivisions that are participating in the retirement system.(b)  Instead of any other benefit allowed under this subtitle other than an optional group term life benefit, an annuity described by this section may be paid on the death of an eligible member who had not filed an application for retirement or whose application for retirement had been revoked or canceled under Section 844.005.(c)  An annuity under this section is payable to the valid beneficiary designated on the unrevoked form most recently executed by the member and filed with the system naming a beneficiary.  If no valid beneficiary exists or if the member died without having designated a valid beneficiary, the annuity is payable to the deceased member's surviving spouse or, if no surviving spouse exists, to the deceased member's estate.(d)  Any annuity payable under this section must be actuarially equivalent to the deceased member's benefit accrued under this subtitle determined as of the last day of the month preceding the month of the member's death.  The annuity is payable in the form and manner authorized by the board of trustees.(e)  An annuity under this section is payable from the same accounts and is subject to the same conditions that are applicable to a service retirement benefit for the same member.(f)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 873, Sec. 92(27), eff. January 1, 2008.(g)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 873, Sec. 92(27), eff. January 1, 2008.(h)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 873, Sec. 92(27), eff. January 1, 2008.(i)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 873, Sec. 92(27), eff. January 1, 2008.(j)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 873, Sec. 92(27), eff. January 1, 2008.|Added by Acts 1999, 76th Leg., ch. 427, Sec. 38, eff. Dec. 31, 1999.  Amended by Acts 2001, 77th Leg., ch. 122, Sec. 39, eff. Dec. 31, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 50, eff. January 1, 2008.Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 51, eff. January 1, 2008.Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 92(27), eff. January 1, 2008.|
TX Govt Code § 844.408 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle F - Texas County and District Retirement System|Chapter 844 - Benefits|Subchapter E. Death Benefits|Section 844.408. No Surviving Spouse, Executor, or Administrator

Sec. 844.408.  NO SURVIVING SPOUSE, EXECUTOR, OR ADMINISTRATOR.  (a)  In this section "heirs" has the meaning assigned by Chapter 22, Estates Code, except that the term excludes any person who has filed a proper disclaimer or renunciation with the retirement system.(b)  If the administrator of a deceased member's estate would be entitled to a refund or an annuity because of the death of the member, the heirs of the deceased member may apply for and receive the benefit if:(1)  no petition for the appointment of a personal representative of the member is pending or has been granted;(2)  30 days have elapsed since the date of death of the member;(3)  the value of the entire assets of the member's probate estate, excluding homestead and exempt property, does not exceed $50,000; and(4)  on file with the retirement system is a certified copy of a small estates affidavit that has been approved and filed in accordance with Chapter 205, Estates Code, or an original affidavit described by Subsection (c).(c)  If no affidavit has been filed with the clerk of the court having jurisdiction and venue as provided by Chapter 205, Estates Code, the retirement system may accept instead an affidavit sworn to by two disinterested witnesses and by those heirs who have legal capacity and, if the facts warrant, by the natural guardian or next of kin of any minor or incompetent who is also an heir.  The affidavit must include the names and addresses of the heirs and witnesses, establish the facts listed in Subsection (b), include a list of the assets and liabilities of the estate, show the facts that constitute the basis for the right of the heirs to receive the estate, and show the fractional interests of the heirs in the estate as a result of those facts.(d)  If the retirement system, acting through the director or a person designated by the director, approves the affidavit, the heirs may make the election if each heir agrees to it.|Added by Acts 1999, 76th Leg., ch. 427, Sec. 39, eff. Dec. 31, 1999.  Amended by Acts 2001, 77th Leg., ch. 122, Sec. 40, eff. Dec. 31, 2001.Amended by: Acts 2005, 79th Leg., Ch. 506 (H.B. 633), Sec. 20, eff. January 1, 2006.Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 52, eff. January 1, 2008.Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.043, eff. September 1, 2017.|