reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter A. General Provisions › Section 824.0071. Deductions From Service or Disability Retirement Annuity for Certain University Insurance Program Contributions

Sec. 824.0071.  DEDUCTIONS FROM SERVICE OR DISABILITY RETIREMENT ANNUITY FOR CERTAIN UNIVERSITY INSURANCE PROGRAM CONTRIBUTIONS.  (a)  In this section, "program administrator" means the person who administers the uniform program under Section 1601.051, Insurance Code.
(b)  A retiree who is participating in the uniform program under Chapter 1601, Insurance Code, may authorize the retirement system to deduct the amount of the contribution and any other qualified health insurance premium from the retiree's regular monthly service or disability retirement annuity payment if the amount of the monthly annuity is greater than or equal to the amount of the authorized deduction.
(c)  A retiree may authorize the deduction described by Subsection (b) on a form provided by the program administrator.  The program administrator shall maintain the record of the authorization made under this section.
(d)  The program administrator shall:
(1)  notify the retirement system of the authorization under Subsection (b); and
(2)  in the manner and form prescribed by the retirement system, provide the retirement system with the names of the retirees and other relevant information needed by the retirement system to administer the deduction.
(e)  After making the deduction, the retirement system shall pay to the program administrator an aggregate amount for all retirees who authorize annuity deductions under Subsection (b).
(f)  If a retiree no longer receives a monthly annuity greater than or equal to the amount of the authorized deduction, the retirement system:
(1)  shall inform the program administrator; and
(2)  is not required to make a deduction under this section for the retiree.
(g)  The retirement system shall make the authorized deduction each month until:
(1)  the date the annuity is no longer payable by the retirement system;
(2)  the retirement system is notified by the program administrator that the retiree has canceled the authorization to make the deduction; or
(3)  the amount of the monthly annuity is no longer greater than or equal to the amount of the authorized deduction as described by Subsection (f).
(h)  The program administrator shall reimburse the retirement system the cost, as determined by the retirement system, incurred by the retirement system in implementing this section.
(i)  This section does not apply to an individual described by Section 824.007(b).
Added by Acts 2017, 85th Leg., R.S., Ch. 1106 (H.B. 4035), Sec. 1, eff. January 1, 2018.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter A. General Provisions › Section 824.008. Deductions From Amounts Payable by the Retirement System

Sec. 824.008.  DEDUCTIONS FROM AMOUNTS PAYABLE BY THE RETIREMENT SYSTEM.  (a)  Notwithstanding Section 821.005, the retirement system may deduct the amount of a person's indebtedness to the retirement system from an amount payable by the retirement system to the person or the person's estate and the distributees of the estate.
(b)  If the retirement system makes a payment to a participant who is deceased and the payment is not payable, the retirement system may deduct the amount of the payment from any amount payable by the retirement system to a person who received the payment or to that person's estate and distributees of the estate.
Added by Acts 2011, 82nd Leg., R.S., Ch. 455 (S.B. 1667), Sec. 8, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter B. Beneficiaries › Section 824.1011. Designation of Beneficiary After Retirement

Sec. 824.1011.  DESIGNATION OF BENEFICIARY AFTER RETIREMENT.  (a)  A retiree who is receiving a standard service or disability retirement annuity under Section 824.203 or 824.304(b) and who marries after the date of the person's retirement may replace the annuity by selecting an optional retirement annuity under Section 824.204(c)(1), (c)(2), or (c)(5) or under Section 824.308(c)(1), (c)(2), or (c)(5), as applicable, and designating the person's spouse as beneficiary before the second anniversary of the marriage in the same manner as an annuity selection and designation of beneficiary may be made before retirement.
(b)  The selection of an optional annuity and designation of a beneficiary under this section do not take effect until the first payment of the annuity that becomes due two years after the date the selection and designation are filed with the retirement system.
(c)  The retirement system shall recompute the annuity of a retiree who selects an optional annuity and designates a beneficiary under this section to reflect that change and shall adjust the annuity as appropriate for early retirement and postretirement increases provided after the date of the retiree's retirement.  The retirement system shall by rule provide for the adjustment of the monthly payments of the annuity under the option selected to an amount which is the actuarial equivalent of the annuity being paid immediately before the change in benefit option and beneficiary selection.
(d)  If a retiree who selects an optional annuity and designates a beneficiary under this section dies before the change takes effect or if the designated beneficiary dies before the change takes effect, the selection of an optional annuity and designation of beneficiary have no effect.
Added by Acts 1995, 74th Leg., ch. 555, Sec. 16, eff. Sept. 1, 1995;  Amended by Acts 1997, 75th Leg., ch. 1416, Sec. 13, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1540, Sec. 7, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter B. Beneficiaries › Section 824.102. Trust as Beneficiary

Sec. 824.102.  TRUST AS BENEFICIARY.  (a)  Except as provided by Subsection (b), a member or annuitant may designate a trust as beneficiary for the payment of benefits from the retirement system.  If a trust is designated beneficiary, the beneficiary of the trust is considered the designated beneficiary for the purposes of determining eligibility for and the amount and duration of benefits.  The trustee is entitled to exercise any rights to elect benefit options and name subsequent beneficiaries.
(b)  A trust having more than one beneficiary may not receive benefits to which multiple designated beneficiaries are not entitled under this chapter.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 34.102 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter B. Beneficiaries › Section 824.103. Absence of Beneficiary

Sec. 824.103.  ABSENCE OF BENEFICIARY.  (a)  Benefits payable on the death of a member or annuitant, except an optional retirement annuity under Section 824.204(c)(1), (c)(2), or (c)(5), are payable, and rights to elect survivor benefits, if applicable, are available, to one of the classes of persons described in Subsection (b), if:
(1)  the member or annuitant fails to designate a beneficiary before death;
(2)  a designated beneficiary does not survive the member or annuitant;
(3)  a designated beneficiary, under Section 824.004, waives claims to benefits payable on the death of the member or annuitant;
(4)  a beneficiary designation is revoked under Section 824.101(g); or
(5)  a person is not eligible to receive a benefit under Section 824.105.
(b)  The following classes of persons, in descending order of precedence, are eligible to receive benefits in a situation described in Subsection (a):
(1)  any surviving joint designated beneficiaries;
(2)  any alternate beneficiaries;
(3)  the surviving spouse of the decedent;
(4)  any children of the decedent or their descendants by representation;
(5)  the parents of the decedent;
(6)  the executor or administrator of the decedent's estate;  or
(7)  the persons entitled by law to distribution of the decedent's estate.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 34.103 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 555, Sec. 17, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 455 (S.B. 1667), Sec. 10, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter B. Beneficiaries › Section 824.104. Failure of Beneficiary to Claim Benefits

Sec. 824.104.  FAILURE OF BENEFICIARY TO CLAIM BENEFITS.  (a)  If, before the first anniversary of the death of a member or annuitant, the retirement system does not receive a claim for payment of benefits from a designated beneficiary or a person entitled to benefits under Section 824.103, the retirement system may pay benefits, except an optional retirement annuity under Section 824.204(c)(1), (c)(2), or (c)(5), under the order of precedence in Section 824.103(b), as if the person failing to claim benefits had predeceased the decedent.
(b)  Payment under Subsection (a) bars recovery by any other person of the benefits distributed.
(c)  If, before the fourth anniversary of the death of a member or annuitant, payment of benefits based on the death has not been made and no claim for benefits is pending with the retirement system, the accumulated contributions of the deceased member or the balance of the reserve for the deceased annuitant is forfeited to the benefit of the retirement system.  The retirement system shall transfer funds forfeited under this subsection to the state contribution account.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 34.104 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 555, Sec. 18, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter B. Beneficiaries › Section 824.105. Beneficiary Causing Death of Member or Annuitant

Sec. 824.105.  BENEFICIARY CAUSING DEATH OF MEMBER OR ANNUITANT.  (a)  A benefit payable on the death of a member or annuitant may not be paid to a person who has been convicted of causing that death or who is otherwise ineligible under Subsection (f) but instead is payable to a person who would be entitled to the benefit had the convicted or otherwise ineligible person predeceased the decedent.
(b)  A person who becomes eligible under this section to select death or survivor benefits may select benefits as if the person were the designated beneficiary.
(c)  The retirement system shall reduce any annuity computed in part on the age of the convicted or otherwise ineligible person to a lump sum equal to the present value of the remainder of the annuity.  The reduced amount is payable to a person entitled as provided by this section to receive the benefit.
(d)  The retirement system is not required to pay benefits under this section unless it receives actual notice of the conviction or other ground of ineligibility 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.
(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)  pleads guilty or nolo contendere to, or is found guilty by a court of, causing the death of the 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.
(f)  A person is ineligible to receive a benefit payable on the death of a member or annuitant if the person is:
(1)  found not guilty by reason of insanity under Chapter 46C, Code of Criminal Procedure, of causing the death of the member or annuitant; or
(2)  the subject of an indictment, information, complaint, or other charging instrument alleging that the person caused the death of the member or annuitant and the person is determined to be incompetent to stand trial under Chapter 46B, Code of Criminal Procedure.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 34.105 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 455 (S.B. 1667), Sec. 11, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter B. Beneficiaries › Section 824.106. Simultaneous Death of Member and Beneficiary

Sec. 824.106.  SIMULTANEOUS DEATH OF MEMBER AND BENEFICIARY.  When a member or annuitant and the beneficiary of the member or annuitant have died within a period of less than 120 hours, the member or annuitant is considered to have survived the beneficiary for the purpose of determining the rights to amounts payable under this subtitle on the death of the member or annuitant.
Added by Acts 1987, 70th Leg., ch. 61, Sec. 4, eff. Aug. 31, 1987.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 34.106 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter C. Service Retirement Benefits › Section 824.201. Application for Service Retirement Benefits

Sec. 824.201.  APPLICATION FOR SERVICE RETIREMENT BENEFITS.  (a)  A member may apply for a service retirement annuity by filing a written application for retirement with the board of trustees.
(b)  At any time before the retirement system makes the first annuity payment or the first annuity payment becomes due, a member may, by filing written notice with the board of trustees, revoke the member's application for retirement or make, revoke, or change a selection of an optional service retirement annuity available as provided by Section 824.204.
(c)  Except as specifically provided by this subtitle, a retiree may not revoke a retirement nor make, revoke, or change a selection of an optional service 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. 34.201 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 555, Sec. 19, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter C. Service Retirement Benefits › Section 824.203. Standard Service Retirement Benefits

Sec. 824.203.  STANDARD SERVICE RETIREMENT BENEFITS.  (a)  Except as provided by Subsections (c) and (d), the standard service retirement annuity is an amount computed on the basis of the member's average annual compensation for the five years of service, whether or not consecutive, in which the member received the highest annual compensation, times 2.3 percent for each year of service credit in the retirement system.
(b)  In the case of a person who retired before August 27, 1979, ceilings in the definition of "annual compensation" apply to the computation of average annual compensation under Subsection (a).  In the case of a person who retires on or after that date, those ceilings do not apply and the computation shall be based on actual compensation paid or payable for services as an employee to the extent that the computation includes compensation for school years before the 1981-82 school year.
(c)  Except as provided by Subsection (d), for benefits payable because of the death or retirement of a member that occurred before September 1, 1982, the standard service retirement annuity is computed in accordance with applicable prior law.
(d)  In no case may the standard service retirement annuity be less than $150 a month.  The minimum benefits provided by this section are subject to reduction in the same manner as other benefits because of early retirement or selection of an optional retirement annuity.
(e)  Repealed by Acts 2001, 77th Leg., ch. 1229, Sec. 29(4), eff. Sept. 1, 2001.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 204, ch. 18, Sec. 27, eff. Sept. 1, 1982.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 34.203 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 13, Sec. 5, eff. Nov. 12, 1991;  Acts 1995, 74th Leg., ch. 555, Sec. 21, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1416, Sec. 16, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1540, Sec. 10, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1229, Sec. 9, 29(4), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 12, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter C. Service Retirement Benefits › Section 824.2031. Benefit Improvements

Sec. 824.2031.  BENEFIT IMPROVEMENTS.  (a)  Each regular legislative session, the legislature shall determine whether the performance of the retirement system trust fund makes the fund capable of supporting improvements in the plan of benefits.
(b)  A determination under this section shall be founded on the information in the most recent report of an investment practices and performance evaluation conducted under Section 802.109 and the application of that information to:
(1)  the present amortization period for liabilities of the retirement system;
(2)  the rate of return on retirement system investments over and above the rate of inflation of the investment portfolio as a whole, of the portion of the investment portfolio entrusted to private investment entities, and of the portion of the investment portfolio entrusted to investment officers who are employees of the retirement system;
(3)  economic projections of market conditions and future investment rates of return as reflected in the comptroller's most recent economic forecast and revenue estimate;
(4)  the costs, including changes in the amortization period for liabilities of the retirement system, of providing cost-of-living or other increases in benefits to current annuitants; and
(5)  an evaluation of the diversity of retirement system investments and whether the portfolio provides low-risk, long-term growth.
Added by Acts 1995, 74th Leg., ch. 555, Sec. 22, eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 141 (H.B. 1585), Sec. 1, eff. May 26, 2021.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter C. Service Retirement Benefits › Section 824.2045. Partial Lump-Sum Option

Sec. 824.2045.  PARTIAL LUMP-SUM OPTION.  (a)  A member may select a standard service retirement annuity or an optional service retirement annuity described by Section 824.204, reduced for early age as applicable under Section 824.202, together with a partial lump-sum distribution, if:
(1)  the member is eligible for a service retirement annuity;
(2)  the sum of the member's age and amount of service credit in the retirement system equals the number 90; and
(3)  the member is not participating in the deferred retirement option plan under Subchapter I.
(b)  The amount of the lump-sum distribution under this section may not exceed the sum of 36 months of a standard service retirement annuity reduced for early age as applicable under Section 824.202 computed without regard to this section.
(c)  The service retirement annuity selected by the member shall be actuarially reduced to reflect the lump-sum option selected by the member and shall be actuarially equivalent to a standard or optional service retirement annuity, as applicable, reduced for early age as applicable under Section 824.202, without the partial lump-sum distribution.  The annuity and lump sum shall be computed to result in no actuarial loss to the retirement system.
(d)  The retiring member may choose a lump sum equal to 12 months of a standard service retirement annuity and payable at the same time that the first monthly payment of the annuity is paid, a lump sum equal to 24 months of a standard annuity and payable in one or two annual payments, or a lump sum equal to 36 months of a standard annuity and payable in one, two, or three annual payments.  At the option of the member, a payment under this subsection may be made as provided by Section 825.509.  The amount of the lump sum shall be computed based on a standard service retirement annuity reduced for early age as applicable under Section 824.202.
(e)  The amount of the lump-sum distribution will be deducted from any amounts otherwise payable under Section 824.503.
(f)  The partial lump-sum option under this section may be elected only once by a member and may not be elected by a retiree.  A member retiring under the proportionate retirement program under Chapter 803 is not eligible for the partial lump-sum option.
(g)  Before a retiring member selects a partial lump-sum distribution under this section, the retirement system shall provide a written notice to the member of the amount by which the member's annuity will be reduced because of the selection.  The member shall be asked to sign a copy of or receipt for the notice, and the retirement system shall maintain the signed copy or receipt.
(h)  The board of trustees may adopt rules for the implementation of this section.
Added by Acts 1999, 76th Leg., ch. 1540, Sec. 11, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 13, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter C. Service Retirement Benefits › Section 824.205. Deductions From Service Retirement Annuity

Sec. 824.205.  DEDUCTIONS FROM SERVICE RETIREMENT ANNUITY.  (a)  A person who receives a service retirement annuity under Section 824.202, 824.203, or 824.204 may, on a form satisfactory to and filed with the retirement system, authorize the retirement system to deduct from the person's monthly annuity payment the amount required as a monthly premium for:
(1)  hospital insurance benefits provided to uninsured individuals not otherwise eligible for medical insurance for the aged, as provided by Part A of Title XVIII of the federal Social Security Act (42 U.S.C. Section 1395c et seq.);  and
(2)  supplementary medical insurance benefits for the aged, as provided by Part B of Title XVIII of the federal Social Security Act (42 U.S.C. Section 1395j et seq.).
(b)  After making deductions authorized under Subsection (a), the retirement system shall pay the required premiums to the treasury of the United States, subject to applicable laws relating to the time and manner of payment.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 34.205 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter C. Service Retirement Benefits › Section 824.206. Change of Service Retirement Annuity Payment Plan

Sec. 824.206.  CHANGE OF SERVICE RETIREMENT ANNUITY PAYMENT PLAN.  (a)  A retiree may change the retiree's choice of service retirement annuity payment plans after the retiree's effective date of retirement by filing written notice with the board of trustees before the later of the date on which the retirement system makes the first annuity payment or the date the first payment becomes due.  After the first payment has been made by the retirement system or has become due, a retiree may not change the annuity payment plan selected.
(b)  For purposes of this section, the term "makes payment" includes the depositing in the mail of a payment warrant or the crediting of an account with payment through electronic funds transfer.
(c)  The retirement system may adopt rules to administer this section.
Added by Acts 1993, 73rd Leg., ch. 812, Sec. 7, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter D. Disability Retirement Benefits › Section 824.301. Application for Disability Retirement Benefits

Sec. 824.301.  APPLICATION FOR DISABILITY RETIREMENT BENEFITS.  (a)  A member may apply for a disability retirement annuity by:
(1)  filing a written application for retirement with the board of trustees;  or
(2)  having an application filed with the board by the member's legal representative.
(b)  In addition to an application for retirement, a member shall file with the board of trustees the results of a medical examination of the member.
(c)  The board of trustees by rule may require the submission to it of additional information about a disability.  The retirement system shall prescribe forms for the information required by this section.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 34.301 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter D. Disability Retirement Benefits › Section 824.302. Eligibility for Disability Retirement

Sec. 824.302.  ELIGIBILITY FOR DISABILITY RETIREMENT.  Subject to Section 824.310, a member is eligible to retire and receive a disability retirement annuity if the member:
(1)  is mentally or physically disabled from the further performance of duty; and
(2)  has a disability that is probably permanent.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 34.302 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 13, Sec. 6, eff. Sept. 1, 1992.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1230 (H.B. 2427), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter D. Disability Retirement Benefits › Section 824.303. Certification of Disability

Sec. 824.303.  CERTIFICATION OF DISABILITY.  (a)  After a member applies for disability retirement, the medical board may require the member to submit additional information about the disability.
(b)  If the medical board finds that the member is mentally or physically disabled from the further performance of duty and that the disability is probably permanent, the medical board shall certify disability, and the member shall be retired.
(c)  The medical board may rule on an application for disability retirement at a regular or special meeting or by mail, telephone, telegraph, or other suitable means of communication.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 34.303 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter D. Disability Retirement Benefits › Section 824.304. Disability Retirement Benefits

Sec. 824.304.  DISABILITY RETIREMENT BENEFITS.  (a)  Subject to Section 824.310, if a member has a total of less than 10 years of service credit in the retirement system on the date of disability retirement, the retirement system shall pay the person a disability retirement annuity of $150 a month for the shortest of the following periods:
(1)  the duration of the disability;
(2)  the number of months of creditable service the person has at retirement; or
(3)  the duration of the person's life.
(b)  Subject to Section 824.310, if a member has a total of at least 10 years of service credit in the retirement system on the date of disability retirement, the retirement system shall pay the person for the duration of the disability a disability retirement annuity in an amount equal to the greater of:
(1)  a standard service retirement annuity computed under Section 824.203; or
(2)  $150 a month.
(c)  Before the 31st day after the date on which the medical board certifies a member's disability, the member may reinstate withdrawn contributions and make deposits for military service and equivalent membership service and receive service credit as provided by this subtitle.
(d)  The minimum benefits provided by this section are subject to reduction under rules adopted under Section 824.310 and are also subject to reduction in the same manner as other benefits because of the selection of an optional 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. 34.304 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 13, Sec. 7, eff. Sept. 1, 1992;  Acts 1993, 73rd Leg., ch. 812, Sec. 8, 38, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 555, Sec. 24, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1416, Sec. 18, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1229, Sec. 10, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1230 (H.B. 2427), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter D. Disability Retirement Benefits › Section 824.305. Medical Examination of Disability Retiree

Sec. 824.305.  MEDICAL EXAMINATION OF DISABILITY RETIREE.  (a)  Once each year during the first five years after a member retires for disability, and once in each three-year period after that, the board of trustees may require a disability retiree who is less than 60 years old to undergo a medical examination by one or more physicians the board designates.
(b)  If a disability retiree refuses to submit to a medical examination as provided by this section, the board of trustees shall discontinue the retiree's annuity payments until the retiree submits to an examination.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 34.305 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter D. Disability Retirement Benefits › Section 824.307. Restoration of Disability Retiree to Membership

Sec. 824.307.  RESTORATION OF DISABILITY RETIREE TO MEMBERSHIP.  (a)  If the medical board finds that a disability retiree is no longer mentally or physically incapacitated for the performance of duty, it shall certify its findings and submit them to the board of trustees.
(b)  If a disability retiree is restored to active service, other than service described by Section 824.602(a)(1), or refuses for more than one year to submit to a required medical examination, or if the board of trustees concurs in a certification issued under Subsection (a), the board shall discontinue the retiree's annuity payments and the retiree must again become a member of the retirement system.
(c)  When a person becomes a member under this section, an amount equal to the sum in the person's individual account in the member savings account at the time of retirement, minus the amount of annuity payments made since retirement, shall be transferred from the retired reserve account to the person's individual account in the member savings account.  The member is entitled to service credit for all service credit used to compute the member's disability retirement annuity at the time of 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. 34.307 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 13, Sec. 8, eff. Sept. 1, 1992.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter D. Disability Retirement Benefits › Section 824.309. Change of Disability Retirement Payment Plan

Sec. 824.309.  CHANGE OF DISABILITY RETIREMENT PAYMENT PLAN.  (a)  A retiree may change the retiree's choice of disability retirement payment plans after the retiree's effective date of retirement by filing written notice with the board of trustees before the later of the date on which the retirement system makes the first annuity payment or the date the first payment becomes due.  After the first payment has been made by the retirement system or has become due, a retiree may not change the annuity payment plan selected.
(b)  For purposes of this section, the term "makes payment" includes the depositing in the mail of a payment warrant or the crediting of an account with payment through electronic funds transfer.
(c)  The retirement system may adopt rules to administer this section.
Added by Acts 1993, 73rd Leg., ch. 812, Sec. 10, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter D. Disability Retirement Benefits › Section 824.310. Purpose of Disability Benefit; Limit on Supplemental Income

Sec. 824.310.  PURPOSE OF DISABILITY BENEFIT; LIMIT ON SUPPLEMENTAL INCOME.  (a)  The purpose of a disability retirement annuity paid under this subchapter is to lessen the financial hardships faced by a member with a disability.
(b)  The board of trustees shall adopt rules under which the disability retirement annuity paid to a disability retiree under this subchapter is reduced on a sliding-scale basis or is suspended for a period in which the compensation earned by the retiree for work performed in a 12-month period during the disability retirement, as determined under the rules of the board of trustees, exceeds the compensation earned by the retiree during the 12-month period in which the retiree earned the highest compensation for actual service as a member of the retirement system.
(c)  The rules adopted under Subsection (b) must provide for the partial or full reinstatement of a disability retirement annuity that is reduced or suspended if the compensation earned by the retiree for work performed during the disability retirement is reduced or suspended.
(d)  The board of trustees by rule shall require a disability retiree to report to the board the amount of compensation earned by the disability retiree that exceeds the amount established by the board by rule for work performed during the disability.
Added by Acts 2007, 80th Leg., R.S., Ch. 1230 (H.B. 2427), Sec. 4, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter E. Member Death Benefits › Section 824.401. Availability of Annuity

Sec. 824.401.  AVAILABILITY OF ANNUITY.  (a)  A death benefit annuity under this chapter is payable only if the decedent had, at the time of death, at least the minimum amount of service credit in the retirement system necessary for a service retirement annuity at an attained age.
(b)  Multiple beneficiaries are not eligible to receive a death benefit annuity under Section 824.402(a)(4) or an equivalent annuity under Section 824.403.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 34.401 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter E. Member Death Benefits › Section 824.402. Benefits on Death of Active Member

Sec. 824.402.  BENEFITS ON DEATH OF ACTIVE MEMBER.  (a)  Except as provided by Section 824.401, the designated beneficiary of a member who dies during a school year in which the member has performed service is eligible to receive at the beneficiary's election the greatest of the following amounts:
(1)  an amount equal to twice the member's annual compensation for the school year immediately preceding the school year in which the member dies, or $80,000, whichever is less;
(2)  an amount equal to twice the member's rate of annual compensation for the school year in which the member dies, or $80,000, whichever is less;
(3)  60 monthly payments of a standard service retirement annuity, computed as provided by Section 824.203;
(4)  an optional retirement annuity for the designated beneficiary's life in an amount computed as provided by Section 824.204(c)(1) as if the member had retired on the last day of the month immediately preceding the month in which the member dies;  or
(5)  an amount equal to the amount of accumulated contributions in the member's individual account in the member savings account.
(a-1)  In determining under Subsection (a)(4) whether to reduce the optional retirement annuity amount because of early retirement and in determining the amount of that reduction, if applicable, the retirement system shall make the determination as if the member had retired with an additional five years of service credit on the last day of the month preceding the month in which the member dies.  The additional five years of service credit used in making a determination under this subsection may not be used to determine the amount of the benefit under Section 824.203 or whether the benefit under this subsection is authorized under Section 824.401.
(b)  In addition to the benefits provided under Subsection (a), the designated beneficiary of a member who is an employee of a school district and who dies as the result of a physical assault during the performance of the employee's regular duties is eligible to receive a lump-sum death benefit payment in the amount of $160,000.
(c)  The board of trustees by rule may prescribe the manner of payment of benefits under this section.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1987, 70th Leg., ch. 413, Sec. 4, eff. Sept. 1, 1987.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 34.402 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 555, Sec. 26, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1540, Sec. 12, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 930 (S.B. 1663), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter E. Member Death Benefits › Section 824.403. Benefits on Death of Inactive Member

Sec. 824.403.  BENEFITS ON DEATH OF INACTIVE MEMBER.  (a)  Except as provided by Section 824.401, the designated beneficiary of a member who dies while absent from service is eligible to receive:
(1)  the same benefits payable under Section 824.402 or 824.404 if the member's absence from service was:
(A)  because of sickness, accident, or other cause the board of trustees determines involuntary;
(B)  in furtherance of the objectives or welfare of the public school system;  or
(C)  during a time when the member was eligible to retire or would become eligible without further service before the fifth anniversary of the member's last day of service as a member;  or
(2)  an amount equal to the accumulated contributions in the member's individual account in the member savings account, if the member's absence from service does not satisfy a requirement of Subdivision (1).
(b)  To the extent required by Section 401(a)(37), Internal Revenue Code of 1986, the designated beneficiary of a member who died on or after January 1, 2007, while the member was performing qualified military service as defined by Section 414(u), Internal Revenue Code of 1986, is eligible to receive additional benefits to the same extent as if the member had resumed employment and been employed at the time of death.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 34.403 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1171 (H.B. 3347), Sec. 3, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter E. Member Death Benefits › Section 824.404. Survivor Benefits

Sec. 824.404.  SURVIVOR BENEFITS.  (a)  The designated beneficiary of a member who dies may, if entitled to a death benefit other than the accumulated contributions of the member, elect to receive, instead of a benefit payable under Section 824.402 or 824.403, a lump-sum payment of $2,500 plus an applicable monthly benefit described in this section.
(b)  If the designated beneficiary is the spouse or a dependent parent of the decedent, the beneficiary may elect to receive for life a monthly benefit of $250, beginning immediately or on the date the beneficiary becomes 65 years old, whichever is later.
(c)  If the designated beneficiary is the spouse of the decedent and has one or more children less than 18 years old or has custody of one or more children of the decedent who are less than 18 years old, the designated beneficiary may elect to receive:
(1)  a monthly benefit of $350 payable until the youngest child becomes 18 years old;  and
(2)  when the youngest child has attained the age of 18, a monthly benefit for life of $250, beginning on the date the beneficiary becomes 65 years old.
(d)  If the designated beneficiary or beneficiaries are the decedent's dependent children who are less than 18 years old, their guardian may elect to receive for them:
(1)  a monthly benefit of $350, payable as long as two or more children are less than 18 years old;  and
(2)  a monthly benefit of $250, payable as long as only one child is less than 18 years old.
(e)  If the designated beneficiary is the spouse or a dependent parent of the decedent, benefits under Subsection (d) are payable, if a dependent child less than 18 years old exists, on the death of the beneficiary.
(f)  A person who qualifies to receive survivor benefits from more than one deceased member as a spouse or a spouse with a dependent child is entitled to be paid only benefits based on the death of one of the decedents.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 699, Sec. 1, eff. Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 34.404 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 812, Sec. 11, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1416, Sec. 19, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1229, Sec. 11, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter E. Member Death Benefits › Section 824.4041. Benefits for Certain Surviving Spouses

Sec. 824.4041.  BENEFITS FOR CERTAIN SURVIVING SPOUSES.  (a)  A person is eligible to receive benefits under this section if the person:
(1)  is the designated beneficiary of a deceased member;
(2)  elected before September 1, 1980, to receive for life a monthly benefit of $75 beginning at the age of 65;
(3)  became ineligible for the benefits because the person remarried before September 1, 1980;  and
(4)  reapplies for benefits under this section.
(b)  The retirement system shall:
(1)  verify whether a person is eligible to receive benefits under this section;  and
(2)  if the person is eligible, make payments to the person of a monthly benefit in the amount specified in Section 824.404.
(c)  The retirement system shall make payment to a person eligible to receive benefits under this section beginning with the month after the month in which the person reapplies for benefits under this section.
Added by Acts 1993, 73rd Leg., ch. 792, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter E. Member Death Benefits › Section 824.405. Tables for Determination of Death Benefit Annuity

Sec. 824.405.  TABLES FOR DETERMINATION OF DEATH BENEFIT ANNUITY.  For the purpose of computing a death benefit annuity under Section 824.402(a)(4) or Section 824.403, the board of trustees shall extend the tables in Section 824.202 to ages earlier than indicated in the tables by actuarially reducing the benefit available under the applicable table to the actuarial equivalent at the attained age of the member.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 34.405 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 14, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 455 (S.B. 1667), Sec. 13, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter E. Member Death Benefits › Section 824.406. Benefits for Survivors of Certain Members

Sec. 824.406.  BENEFITS FOR SURVIVORS OF CERTAIN MEMBERS.  (a)  Except as provided by Subsection (c), an eligible surviving spouse who is the designated beneficiary of a person who died before April 8, 1957, and who had at the time of death a total of at least 25 years of service credit and military leave credit in the retirement system, is eligible to receive an applicable survivor benefit available under Section 824.404.
(b)  A surviving spouse eligible under this section to receive a benefit is one who has not received from the retirement system a benefit based on the member's death, other than a return of the member's accumulated contributions.
(c)  A surviving spouse who qualifies under this section for a survivor benefit is not eligible to receive a lump-sum benefit under Section 824.404(a).
(d)  A benefit under this section is payable beginning on the last day of the month in which an eligible person applies for the benefit on a form prescribed by and filed with the retirement system.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 34.406 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.