2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 6. Beneficiary's Benefits › Section 6.14. Lump-Sum Payment Election for Surviving Spouses

Sec. 6.14. LUMP-SUM PAYMENT ELECTION FOR SURVIVING SPOUSES.    (a)  A surviving spouse of a member who is entitled to receive a death benefit under Section 6.02 of this Act may elect to receive a portion of the benefit in a lump-sum payment under this section.
(b) The lump-sum payment may be elected only by a surviving spouse:
(1) of a member who, on the date of death, is eligible:
(A) for service retirement;  and
(B) to elect a Backward Deferred Retirement Option Plan;  and
(2) who elects to receive a death benefit under Section 6.02(a)(2) of this Act.
(c) If a member is killed in the line of duty and the deceased member's surviving spouse is entitled to a death benefit annuity under Section 6.03 of this Act, the surviving spouse may not elect a lump-sum payment under this section.
(d) The lump-sum payment is computed by dividing the annuity determined under Subsection (e) by 12 and multiplying the result by the number of months the surviving spouse elects under Subsection (f) of this section.
(e)  The annuity used to compute the lump-sum payment is determined in the manner provided by Section 5.01(f-1) of this Act for retired members, using:
(1)  the deceased member's average total salary for all months, excluding the number of months immediately preceding the member's date of death that equal the number of months elected by the surviving spouse under Subsection (f) of this section; and
(2)  the amount of service credit as determined by Subsection (g) or (h) of this section.
(f)  The surviving spouse must elect the number of months used in computing the lump-sum payment.  The number of months may not exceed the lesser of:
(1)  the number of months of service credit in excess of 20 years that the deceased member has on the date of death; or
(2)  60 months.
(g) Except as provided by Subsection (h) of this section, in determining the annuity under Subsection (e) of this section, the deceased member's service credit is computed as provided by Section 5.01(g) of this Act, less:
(1) the number of months elected by the surviving spouse under Subsection (f) of this section;  and
(2) any service credit for unused sick leave to which the member would have been entitled.
(h)  In determining the annuity under Subsection (e) of this section for a surviving spouse whose death benefit annuity is limited by Section 6.02(b) of this Act, the deceased member's service credit is the lesser of:
(1)  the deceased member's service credit computed as provided by Section 5.01(g) of this Act, less the number of months elected by the surviving spouse under Subsection (f) of this section and less any service credit for unused sick leave to which the member would have been entitled; or
(2)  27 years.
(i)  If a surviving spouse elects to receive a lump-sum payment under this section, the total death benefit annuity payable under Section 6.02 of this Act is reduced as provided by Subsection (j) of this section.  The lump-sum election does not affect the amount of a death benefit annuity payable to a dependent child of a deceased member under Section 6.02 of this Act while a death benefit annuity is payable to the surviving spouse.
(j)  The reduced annuity is determined in the manner provided by Section 5.01(f-1) of this Act for retired members, using:
(1)  the deceased member's average total salary for all months, excluding the number of months immediately preceding the member's date of death that equal the number of months elected by the surviving spouse under Subsection (f) of this section; and
(2)  the amount of service credit as determined by Subsection (k) or (l) of this section.
(k) Except as provided by Subsection (l) of this section, in determining the reduced annuity under Subsection (j) of this section, the deceased member's service credit is computed as provided by Section 5.01(g) of this Act, less the number of months elected by the surviving spouse under Subsection (f) of this section.
(l)  In determining the reduced annuity under Subsection (j) of this section for a surviving spouse whose death benefit annuity is limited by Section 6.02(b) of this Act, the deceased member's service credit is the lesser of:
(1)  the deceased member's service credit computed as provided by Section 5.01(g) of this Act, less the number of months elected by the surviving spouse under Subsection (f) of this section; or
(2)  27 years.