reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 844 - Benefits › Subchapter A. General Provisions › Section 844.0041. Optional Retirement Annuities

Sec. 844.0041.  OPTIONAL RETIREMENT ANNUITIES.  (a)  Instead of the standard retirement annuity payable under Section 844.004, a retiring member may receive an optional retirement annuity under this section or an optional retirement annuity in another form authorized by the board of trustees.
(b)  At a member's effective retirement date, an optional retirement annuity is actuarially equivalent to the standard retirement annuity to which the member is entitled.
(c)  An optional retirement annuity under this section is:
(1)  a retirement annuity that is payable monthly throughout the life of a retiree, and after the retiree's death, throughout the life of an individual designated by the retiree; or
(2)  a monthly retirement annuity that is payable throughout the life of a retiree and, if the retiree dies before 180 monthly payments have been made, the remainder of the 180 monthly payments are payable to the retiree's beneficiary or, if a beneficiary does not exist, to the retiree's spouse or, if no surviving spouse exists, to the retiree's estate.
(d)  The board of trustees by rule may authorize additional forms of optional retirement annuities, each of which must be actuarially equivalent to the standard retirement annuity to which the retiree is entitled as of the effective retirement date.
Added by Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 30, eff. January 1, 2008.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 844 - Benefits › Subchapter A. General Provisions › Section 844.0042. Authority to Pay Benefits Under Alternate Forms

Sec. 844.0042.  AUTHORITY TO PAY BENEFITS UNDER ALTERNATE FORMS.  (a)  The board of trustees may authorize the payment of the benefit that is due a recipient to be made as a lump sum or in another alternate form that is actuarially equivalent to the benefit that would otherwise be payable to the recipient at the time payments to the recipient would begin.  An authorization under this subsection may be made as a policy of general application or may be made on a case-by-case basis considering the particular facts and circumstances.
(b)  Payment to a retiree in a lump sum or other alternate form may not be made without the retiree's consent if the payment is to be sent to an address in the United States and the present value of the retiree's benefit exceeds a minimum amount set by the board of trustees.  A retiree who receives payment in a lump sum or other alternate form under this section continues as a retiree for purposes of a benefit provided by the subdivision under the optional group term life program.
(c)  Except as otherwise limited under Subsection (b), payment under this section is within the exclusive discretion of the board of trustees, and payment in a lump sum or other alternate form constitutes full satisfaction of the retirement benefit otherwise owed to the recipient.
(d)  The board of trustees may adopt rules for the administration of this section, including rules for the payment of benefits internationally and for the verification of a continuing right to receive payments.
Added by Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 30, eff. January 1, 2008.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 844 - Benefits › Subchapter A. General Provisions › Section 844.005. When Annuity Is Payable; Changes Before First Payment

Sec. 844.005.  WHEN ANNUITY IS PAYABLE;  CHANGES BEFORE FIRST PAYMENT.  (a)  A retiree may revoke an application for retirement, change the retiree's choice of retirement annuity payment plans, or change the designation of beneficiary after the retiree's effective date of retirement by filing written notice with the retirement system not later than the last day of the month a benefit payment is first made.  After that day, a retiree may not revoke the application for retirement, change the annuity payment plan selected, or change the designated beneficiary except under Section 844.006.
(b)  If an applicant for retirement dies on or before the last day that the application for retirement could have been revoked under Subsection (a), the decedent's application for retirement is considered canceled, except that the valid beneficiary designations made in connection with the retirement application remain in effect.  The beneficiary of a decedent who had been an eligible member under Section 844.407 may receive an annuity in accordance with that section.
(b-1)  Under rules established by the board of trustees, the retirement system may cancel an application for retirement if the applicant fails to timely provide all information and forms necessary to put the retirement into effect.
(c)  An annuity under this subtitle is payable to a retiree or beneficiary through the month in which the retiree or beneficiary dies.  A continuation of an optional annuity begins with payment for the month following the month in which death occurs.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 54.005 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 245, Sec. 10, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 122, Sec. 23, eff. Dec. 31, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 31, eff. January 1, 2008.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 844 - Benefits › Subchapter A. General Provisions › Section 844.007. Interest Credit for Other Than December Retirements

Sec. 844.007.  INTEREST CREDIT FOR OTHER THAN DECEMBER RETIREMENTS.  A member who retires with an effective retirement date other than December 31 will be credited interest on the beginning balance in the member's individual account from January 1 of the year of retirement to the effective date of retirement.
Added by Acts 1991, 72nd Leg., ch. 460, Sec. 11, eff. Jan. 1, 1992.  Amended by Acts 1995, 74th Leg., ch. 245, Sec. 11, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 427, Sec. 25, 64(6), eff. Dec. 31, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 33, eff. January 1, 2008.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 844 - Benefits › Subchapter A. General Provisions › Section 844.008. Limitation on Payment of Benefits

Sec. 844.008.  LIMITATION ON PAYMENT OF BENEFITS.  (a)  Notwithstanding any other provision of this subtitle, the benefit payable to a retiree of the retirement system may not exceed the maximum benefit permitted under Section 415(b) of the Internal Revenue Code of 1986 as adjusted in accordance with Section 415(d) of that code.  Any adjustments are applicable to the postretirement benefits of retirees as well as to the benefits of retiring members.  For the purpose of determining whether the benefit of a retiring member or retiree exceeds the limitations provided in this section, all defined benefit plans of the employer and of entities required to be aggregated with the employer for purposes of Section 415 of the Internal Revenue Code of 1986 are to be treated as one defined benefit plan for purposes of Section 415 of that code.  The limitation year for determining maximum benefits is the calendar year.
(b)  An employer may not provide employee retirement benefits under a defined benefit plan other than the retirement system to the extent that the provision of the benefits, when considered together with the benefits provided under the retirement system, would result in the failure of the retirement system to meet any of the limitation requirements of Section 415 of the Internal Revenue Code of 1986, and the benefits of the other plan will automatically be reduced, eliminated, or adjusted to the extent necessary to prevent the failure.
Added by Acts 1993, 73rd Leg., ch. 175, Sec. 11, eff. Jan. 1, 1994.  Amended by Acts 1995, 74th Leg., ch. 245, Sec. 12 to 14, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 309, Sec. 9, eff. Dec. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 300 (H.B. 407), Sec. 18, eff. January 1, 2010.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 844 - Benefits › Subchapter A. General Provisions › Section 844.009. Partial Lump-Sum Distribution on Service Retirement

Sec. 844.009.  PARTIAL LUMP-SUM DISTRIBUTION ON SERVICE RETIREMENT.
(a)  With the consent of the board of trustees, the governing body of a subdivision may authorize partial lump-sum distributions under this section.
(b)  A member who is eligible and applies for service retirement may simultaneously apply for a partial lump-sum distribution under this section.
(c)  The amount of a lump-sum distribution under this section may not exceed 100 percent of the total accumulated contributions in the member's individual account in the employees saving fund attributable to service with the subdivision for which the member has applied for retirement.
(d)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 873, Sec. 92(12), eff. January 1, 2008.
(e)  For all purposes, the member's basic annuity is the annuity actuarially determined from the sum remaining under Section 844.002(b) after deducting the amount of the lump-sum distribution.
(f)  The amount of a lump-sum distribution made under this section is considered to be an annuity payment for the purpose of determining whether the amount in the retiree's individual account in the employees saving fund available for distribution at the time of retirement exceeds the total amount of annuity payments made.
(g)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 873, Sec. 92(12), eff. January 1, 2008.
(h)  No portion of a benefit awarded to an alternate payee under a qualified domestic relations order may be distributed in the form of a lump sum under this section, unless the member and the alternate payee agree in writing that the alternate payee will receive all or a portion of the lump-sum distribution payable under this section instead of or as part of the benefits awarded under the qualified domestic relations order.
(i)  Repealed by Acts 2001, 77th Leg., ch. 122, Sec. 56(2), eff, Dec. 31, 2001.
Added by Acts 1999, 76th Leg., ch. 901, Sec. 1, eff. Dec. 31, 1999;  Amended by Acts 2001, 77th Leg., ch. 122, Sec. 25, 56(2), eff. Dec. 31, 2001;  Acts 2003, 78th Leg., ch. 621, Sec. 19, eff. Jan. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 34, eff. January 1, 2008.
Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 92(12), eff. January 1, 2008.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 844 - Benefits › Subchapter A. General Provisions › Section 844.010. Certain Beneficiary Designations

Sec. 844.010.  CERTAIN BENEFICIARY DESIGNATIONS.  (a)  A beneficiary designation that names a former spouse as beneficiary is invalid for purposes of this subtitle unless the designation:
(1)  is made or confirmed in writing after the date of divorce;  or
(2)  was made by a retiree who, at the time of divorce, is receiving payments under an optional service or disability retirement with payments to continue to the beneficiary for the beneficiary's life.
(b)  In addition to the authority provided by Section 804.051, the board of trustees may adopt rules to require consent of a member's spouse to:
(1)  the member's designation of a beneficiary who is not the member's spouse;
(2)  the member's selection of an optional form of retirement benefit;  or
(3)  the member's election of a withdrawal of contributions.
(c)  A benefit payable under this subtitle is not subject to a will, other testamentary document, or the law of intestacy to the extent that the member, retiree, or other former member has a different beneficiary under the retirement system than under the testamentary document or law of intestacy.
(d)  The board of trustees may adopt rules concerning the designation, validity, cancellation, revocation, and eligibility of beneficiaries under this subtitle.
Added by Acts 2003, 78th Leg., ch. 621, Sec. 20, eff. Jan. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 35, eff. January 1, 2008.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 844 - Benefits › Subchapter B. Service Retirement Benefits › Section 844.101. Application for Service Retirement Annuity

Sec. 844.101.  APPLICATION FOR SERVICE RETIREMENT ANNUITY.  To receive a retirement annuity for service, an eligible member must apply by filing a valid application 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. 54.102 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 245, Sec. 15, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 427, Sec. 26, eff. Dec. 31, 1999;  Acts 2001, 77th Leg., ch. 122, Sec. 26, eff. Dec. 31, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 36, eff. January 1, 2008.
Acts 2009, 81st Leg., R.S., Ch. 300 (H.B. 407), Sec. 19, eff. January 1, 2010.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 844 - Benefits › Subchapter B. Service Retirement Benefits › Section 844.102. Systemwide Eligibility for Service Retirement Annuity

Sec. 844.102.  SYSTEMWIDE ELIGIBILITY FOR SERVICE RETIREMENT ANNUITY.  (a)  A member is eligible to apply for and receive a service retirement annuity if the member:
(1)  is at least 60 years old and has at least 10 years of credited service in the retirement system;
(2)  has at least 30 years of credited service in the retirement system; or
(3)  has at least 10 years of credited service in the retirement system and the sum of the member's credited service and attained age equals or exceeds the number 80.
(b)  A person who has retired under this section with a service retirement annuity is eligible, without regard to any age or credited service requirement, to apply for and receive a service retirement annuity based on the member's accumulated contributions and service credit with any participating subdivision from which the person has terminated employment.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 54.102 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 427, Sec. 27, eff. Dec. 31, 1999;  Acts 2001, 77th Leg., ch. 122, Sec. 26, eff. Dec. 31, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 37, eff. January 1, 2008.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 844 - Benefits › Subchapter B. Service Retirement Benefits › Section 844.1021. Optional Eligibility Provisions for Service Retirement

Sec. 844.1021.  OPTIONAL ELIGIBILITY PROVISIONS FOR SERVICE RETIREMENT.  (a)  In accordance with this subtitle, a subdivision may adopt any optional service retirement eligibility provision described by this section or authorized by the board of trustees.
(b)  A subdivision may not revoke its adoption of an optional service retirement eligibility provision described by this section.  A subdivision may adopt an optional service retirement eligibility provision providing less restrictive eligibility requirements.
(c)  An optional service retirement eligibility provision may provide that a member who has at least 10 years of credited service is eligible to apply for retirement if the member has attained age 60 or an age at which the sum of the member's credited service and attained age equals or exceeds the number 75.
(d)  An optional service retirement eligibility provision may provide that a member who has at least eight years of credited service is eligible to apply for retirement if the member has attained age 60.
(e)  An optional service retirement eligibility provision may provide that a member who has at least five years of credited service is eligible to apply for retirement if the member has attained age 60.
(f)  An optional service retirement eligibility provision may provide that a member who has at least 20 years of credited service is eligible to apply for retirement.
(g)  The board of trustees may authorize additional optional service retirement eligibility provisions for adoption by participating subdivisions.
(h)  The board of trustees shall establish rules for recognizing and combining a member's service credited under dissimilar retirement eligibility provisions for purposes of meeting the retirement eligibility provisions of the respective subdivisions.
Added by Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 38, eff. January 1, 2008.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 844 - Benefits › Subchapter B. Service Retirement Benefits › Section 844.1022. Special Eligibility Provisions for Service Retirement

Sec. 844.1022.  SPECIAL ELIGIBILITY PROVISIONS FOR SERVICE RETIREMENT.  (a)  Subject to the consent of the board of trustees and effective for the period and on terms that the board approves, a subdivision may adopt a special service retirement eligibility provision that relates to a singular, identifiable event or action particular to the subdivision and that applies only to its members who satisfy the specific terms of the special eligibility provision.
(b)  A special service retirement eligibility provision must bear a rational relationship to the operation, management, and function of the subdivision.
(c)  A special service retirement eligibility provision may not be adopted or implemented under this section in a manner that has the effect of establishing a separate, ongoing retirement program for a branch, department, division, employee occupational group, or other separately identifiable component of the subdivision.
Added by Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 38, eff. January 1, 2008.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 844 - Benefits › Subchapter C. Optional Retirement Benefits › Section 844.208. Optional Increase in Retirement Annuities

Sec. 844.208.  OPTIONAL INCREASE IN RETIREMENT ANNUITIES.  (a)  The governing body of a participating subdivision, from time to time but not more frequently than once in each 12-month period, may provide for increased annuities to be paid to retirees and beneficiaries of deceased retirees of the subdivision.  An annuity increased under this section replaces any annuity or increased annuity previously granted to the same person.
(b)  The amount of annuity increase under this section is computed as the sum of the basic and supplemental annuities on the effective date of retirement of the person on whose service the annuities are based and is computed as if the person had selected a standard retirement annuity on the person's effective date of retirement, multiplied by:
(1)  the percentage change in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics of the United States Department of Labor, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the month in which the effective date of the order or resolution providing the increase occurs; and
(2)  a fraction, specified by the governing body in the order or resolution, that is not less than 10 percent nor more than 100 percent and is a multiple of 10 percent.
(c)  The effective date of an order or resolution under this section is January 1 of the year that begins after the year in which the governing body adopts and notifies the retirement system of the order or resolution.
(d)  An increase in an annuity that was reduced because of an option selection or partial lump-sum distribution is reducible in the same proportion and in the same manner that the original annuity was reduced.
(e)  If a computation under Subsection (b) does not result in an increase in the amount of annuity, the amount of the annuity may not be changed under this section.
(f)  The amount by which an increase under this section exceeds all previously granted increases to an annuitant is payable as a supplemental annuity, is an obligation of the subdivision's account in the subdivision accumulation fund, and is subject to reduction under Section 845.307(c).
(g)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 873, Sec. 92(17), eff. January 1, 2008.
Added by Acts 1991, 72nd Leg., ch. 460, Sec. 14, eff. Jan. 1, 1992.  Amended by Acts 2003, 78th Leg., ch. 621, Sec. 22, eff. Jan. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 506 (H.B. 633), Sec. 18, eff. January 1, 2006.
Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 39, eff. January 1, 2008.
Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 92(17), eff. January 1, 2008.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 844 - Benefits › Subchapter C. Optional Retirement Benefits › Section 844.209. Alternative Optional Increase in Retirement Annuities

Sec. 844.209.  ALTERNATIVE OPTIONAL INCREASE IN RETIREMENT ANNUITIES.  (a)  The governing body of a participating subdivision, from time to time but not more frequently than once in each 12-month period, may provide for increased annuities to be paid to retirees and beneficiaries of deceased retirees of the subdivision.  The governing body of the subdivision may not elect an increase in retirement annuities under Section 844.208 and under this section in the same 12-month period.
(b)  An increase under this section applies to all annuities for which the effective retirement date is at least twelve months before the effective date of the increase.
(c)  The amount of annuity increase under this section is computed as the sum of the person's basic and supplemental annuities on the effective date of the increase multiplied by the integer percentage increase specified by the governing body for all annuitants in the order or resolution adopting the increase.  The specified percentage increase may not exceed the percentage established by the board of trustees as the maximum allowable percentage increase.
(d)  Except as provided by Subsection (g), the effective date of an order or resolution under this section is January 1 of the year that begins after the year in which the governing body adopts and notifies the retirement system of the order or resolution.
(e)  An increase in an annuity that was reduced because of an option selection or partial lump-sum distribution is reducible in the same proportion and in the same manner that the original annuity was reduced.
(f)  The amount of an increase under this section is payable as a supplemental annuity, is an obligation of the subdivision's account in the subdivision accumulation fund, and is subject to reduction under Section 845.307(c).
(g)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 873, Sec. 92(18), eff. January 1, 2008.
Added by Acts 1991, 72nd Leg., ch. 460, Sec. 14, eff. Jan. 1, 1992.  Amended by Acts 1993, 73rd Leg., ch. 175, Sec. 13, eff. Jan. 1, 1994;  Acts 1995, 74th Leg., ch. 245, Sec. 18, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 309, Sec. 10, eff. Dec. 1, 1997;  Acts 1999, 76th Leg., ch. 427, Sec. 31, eff. Dec. 31, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 506 (H.B. 633), Sec. 19, eff. January 1, 2006.
Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 40, eff. January 1, 2008.
Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 92(18), eff. January 1, 2008.
2023 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 844.301. Application for Disability Retirement

Sec. 844.301.  APPLICATION FOR DISABILITY RETIREMENT.  (a)  A member may apply for disability retirement by filing a valid application for retirement with the retirement system.
(b)  An applicant must provide medical and other pertinent information for evaluation by the medical board and submit to medical examination as required by the medical board.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 54.301 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 245, Sec. 19, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 427, Sec. 34, eff. Dec. 31, 1999;  Acts 2001, 77th Leg., ch. 122, Sec. 30, eff. Dec. 31, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 41, eff. January 1, 2008.
Acts 2009, 81st Leg., R.S., Ch. 300 (H.B. 407), Sec. 20, eff. January 1, 2010.
2023 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 844.3011. Annuity Payable on Disability Retirement

Sec. 844.3011.  ANNUITY PAYABLE ON DISABILITY RETIREMENT.  Except for eligibility requirements and as otherwise provided by this subtitle, a retirement annuity payable on the disability retirement of a member is equal in amount and equivalent in all respects under this subtitle to a retirement annuity payable on the service retirement of the member at the same age.
Added by Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 42, eff. January 1, 2008.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.