reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter A. General Provisions › Section 814.010. Electronic Filing of Beneficiary Designation

Sec. 814.010.  ELECTRONIC FILING OF BENEFICIARY DESIGNATION.  (a)  In this section, "electronic filing" means the filing of data in the form of digital electronic signals transformed by computer and stored on magnetic tape, optical disks, or any other medium.
(b)  A person entitled to designate a beneficiary under any system or program administered by the retirement system may make the designation by electronic filing under procedures adopted by the retirement system.
Added by Acts 2003, 78th Leg., ch. 1111, Sec. 16, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1310, Sec. 51, eff. June 20, 2003.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter A. General Provisions › Section 814.011. Lump-Sum Payments in Lieu of Annuities

Sec. 814.011.  LUMP-SUM PAYMENTS IN LIEU OF ANNUITIES.  The retirement system may elect to make a lump-sum payment to a retiree or beneficiary in lieu of annuity payments if the actuarial present value of the annuity at the time of retirement or death does not exceed $20,000.  Payment of a lump sum under this section does not affect eligibility for any other program administered by the retirement system.
Added by Acts 2005, 79th Leg., Ch. 347 (S.B. 1176), Sec. 11, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter A. General Provisions › Section 814.012. Disposition of Unclaimed Beneficiary Benefits

Sec. 814.012.  DISPOSITION OF UNCLAIMED BENEFICIARY BENEFITS.  If, as of the fourth anniversary of the death of a member or annuitant, the retirement system has not paid benefits and a claim for benefits is not pending with the retirement system based on the death of the member or annuitant, the accumulated contributions of the deceased member or the balance of the reserve for the deceased annuitant reverts to the benefit of the retirement system.  The retirement system shall transfer funds reverted under this section to the state accumulation account.
Added by Acts 2009, 81st Leg., R.S., Ch. 1308 (H.B. 2559), Sec. 10, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter B. Service Retirement Benefits › Section 814.1005. Inapplicability of Subchapter to Cash Balance Group Members

Sec. 814.1005.  INAPPLICABILITY OF SUBCHAPTER TO CASH BALANCE GROUP MEMBERS.  This subchapter does not apply to a cash balance group member.
Added by Acts 2021, 87th Leg., R.S., Ch. 940 (S.B. 321), Sec. 10, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter B. Service Retirement Benefits › Section 814.101. Application for Service Retirement Benefits

Sec. 814.101.  APPLICATION FOR SERVICE RETIREMENT BENEFITS.  (a)  A member may apply for a service retirement annuity by filing an application for retirement with the board of trustees.
(b)  An application for a service retirement annuity may not be made:
(1)  after the date the member wishes to retire;  or
(2)  more than 90 days before the date the member wishes to retire.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 24.101 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter B. Service Retirement Benefits › Section 814.102. Eligibility of Elected Members for Service Retirement

Sec. 814.102.  ELIGIBILITY OF ELECTED MEMBERS FOR SERVICE RETIREMENT.  Except as provided by rule adopted under Section 813.304(d) or Section 803.202(a)(2), a member who has service credit in the elected class of membership, is eligible to retire and receive a service retirement annuity if the member:
(1)  is at least 60 years old and has 8 years of service credit in that class; or
(2)  is at least 50 years old and has 12 years of service credit in that class.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1978, ch. 361, Sec. 1, eff. Sept. 1, 1983.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 24.102 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 9, eff. Sept. 1, 1991.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 11.014, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter B. Service Retirement Benefits › Section 814.103. Service Retirement Benefits for Elected Class Service

Sec. 814.103.  SERVICE RETIREMENT BENEFITS FOR ELECTED CLASS SERVICE.  (a)  Except as provided by Subsection (a-1) or (b), the standard service retirement annuity for service credited in the elected class of membership is an amount equal to the number of years of service credit in that class, times 2.3 percent of the state base salary, excluding longevity pay payable under Section 659.0445 and as adjusted from time to time, being paid to a district judge as set by the General Appropriations Act in accordance with Section 659.012(a).
(a-1)  Except as provided by Subsection (b), the standard service retirement annuity for service credited in the elected class of membership for a member of the class under Section 812.002(a)(3) whose effective date of retirement is on or after September 1, 2019, is an amount equal to the number of years of service credit in that class, times 2.3 percent of the state salary, excluding longevity pay payable under Section 659.0445 and as adjusted from time to time, being paid in accordance with Section 659.012 to a district judge who has the same number of years of contributing service credit as the member on the member's last day of service as a district or criminal district attorney, as applicable.
(b)  The standard service retirement annuity for service credited in the elected class may not exceed at any time 100 percent of the state salary of a district judge on which the annuity is based under Subsection (a) or (a-1), as applicable.
(c)  For purposes of this section, "contributing service credit" with respect to:
(1)  a member means service credit established in the elected class under Section 813.201 or 813.402 for each month of service in which the member held a position described by Section 812.002(a)(3), including service credit established under either section that was previously canceled but reestablished under Section 813.102; and
(2)  a district judge has the meaning assigned by Section 659.012(f).
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1979, ch. 361, Sec. 2, eff. Sept. 1, 1983.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 24.103 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 10, eff. Sept. 1, 1991.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1328 (S.B. 1519), Sec. 4, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 1121 (H.B. 2384), Sec. 20, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter B. Service Retirement Benefits › Section 814.105. Service Retirement Benefits for Employee Class Service

Sec. 814.105.  SERVICE RETIREMENT BENEFITS FOR EMPLOYEE CLASS SERVICE.  (a)  The standard service retirement annuity for service credited in the employee class of membership is an amount computed as the member's average monthly compensation for service in that class for the 60 highest months of compensation multiplied by 2.3 percent for each year of service credit in that class.
(b)  The standard service retirement annuity for service credited in the employee class may not be less than $150 a month nor more than 100 percent of the average monthly compensation computed under Subsection (a).
(c)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 618, Sec. 26(a)(5), eff. September 1, 2013.
(d)  The standard service retirement annuity computed under this section is reduced by five percent for each year the member retires before the member reaches age 62.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1986, 69th Leg., 2nd C.S., ch. 15, Sec. 1, eff. Sept. 23, 1986;  Acts 1987, 70th Leg., ch. 577, Sec. 1, eff. Aug. 31, 1987;  Acts 1987, 70th Leg., 2nd C.S., ch. 4, Sec. 3, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 602, Sec. 4, eff. Sept. 1, 1989.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 24.105 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 4.09(a), eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 850, Sec. 11, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1048, Sec. 14, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1231, Sec. 8, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1308 (H.B. 2559), Sec. 12, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 618 (S.B. 1459), Sec. 9, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 618 (S.B. 1459), Sec. 26(a)(5), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter B. Service Retirement Benefits › Section 814.1081. Change in Annuity Selection

Sec. 814.1081.  CHANGE IN ANNUITY SELECTION.  (a)  A person who retired and selected an optional service retirement annuity described by Section 814.108(c)(1), (c)(2), or (c)(5) may change the optional annuity selection to the selection of a standard service retirement annuity if:
(1)  pursuant to a divorce decree, a court orders the change in the annuity selection to a standard service retirement annuity; or
(2)  the retiree files with the retirement system a request to change the annuity selection, if the retiree designated a person as beneficiary who:
(A)  was not at the time of designation and is not currently the retiree's spouse or dependent child; or
(B)  is not currently the retiree's spouse or dependent child and has executed since the designation a written, notarized instrument that releases the retirement system from any claim to the annuity by the beneficiary and that transfers all of the beneficiary's interest in the annuity to the retiree.
(b)  If a retiree files a request as provided by Subsection (a), the retirement system shall recompute the annuity as a standard service retirement annuity.  The increase in the annuity under this section begins with the monthly payment made to the retiree for the month following the month in which a request is filed as provided by Subsection (a).
(c)  Expired.
Added by Acts 1991, 72nd Leg., ch. 850, Sec. 14, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 586, Sec. 17, eff. Aug. 28, 1995;  Acts 1997, 75th Leg., ch. 1048, Sec. 15, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1231, Sec. 11, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1308 (H.B. 2559), Sec. 16, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 618 (S.B. 1459), Sec. 11, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter B. Service Retirement Benefits › Section 814.1082. Partial Lump-Sum Option

Sec. 814.1082.  PARTIAL LUMP-SUM OPTION.  (a)  A member who is eligible for an unreduced service retirement annuity may select a standard retirement annuity or an optional retirement annuity described by Section 814.108 together with a partial lump-sum distribution.
(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 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, 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)  Unless otherwise specified in rules adopted by the board of trustees, the lump-sum distribution will be made as a single payment payable at the time that the first monthly annuity payment is paid to the retiree.
(e)  The amount of the lump-sum distribution will be deducted from any amount otherwise payable under Section 814.505.
(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 a 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 and may authorize the option to be used for a death benefit annuity.  This section does not apply to a disability retirement annuity.
Added by Acts 1999, 76th Leg., ch. 1541, Sec. 17, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter B. Service Retirement Benefits › Section 814.110. Increasing Annuity Option

Sec. 814.110.  INCREASING ANNUITY OPTION.  (a)  A member who is eligible for a service retirement annuity not reduced because of age may select a standard retirement annuity or an optional service retirement annuity described by Section 814.108 together with the option for an increasing annuity as described by this section.
(b)  The retirement system shall provide the increasing annuity option by reducing the member's annuity for an appropriate implementation period beginning immediately after the member's retirement and annually increasing the amount of the annuity by two percent or by another percentage rate, as determined by the system under Subsection (c), for each year during the applicable implementation period.
(c)  The retirement system may offer other increasing annuity options similar to the option described by Subsection (b), including increasing annuity options providing a different percentage rate of increase or a different implementation period.
(d)  If a member elects to receive an increasing annuity option under this section, the member's annuity must be calculated to reflect the option selected and be actuarially equivalent to a standard or optional service retirement annuity, as applicable, that the member would have been entitled to had the member not elected to receive the option.  The annuity must be computed to result in no actuarial loss to the retirement system.
(e)  The increasing annuity 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 option.
(f)  This section does not apply to:
(1)  a disability retirement annuity; or
(2)  an annuity based on service credited in the elected class.
(g)  Before a retiring member selects an increasing annuity option under this section, the retirement system must provide a written notice to the member of the amount by which the member's annuity will be reduced and the implementation period applicable because of that selection.  The retirement system shall maintain a copy of the notice required under this subsection that is signed by the member.
(h)  The board of trustees may adopt rules for the implementation of this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 403 (H.B. 1393), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter C. Disability Retirement Benefits › Section 814.201. Application for Disability Retirement Benefits

Sec. 814.201.  APPLICATION FOR DISABILITY RETIREMENT BENEFITS.  (a)  A member may apply for a disability retirement annuity by:
(1)  filing an application for retirement with the board of trustees;  or
(2)  having an application filed with the board by the member's spouse, employer, or legal representative.
(b)  An application for a disability retirement annuity may not be made:
(1)  after the date the disability retirement is to become effective;  or
(2)  more than 90 days before the date the disability retirement is to become effective.
(c)  An application for an occupational disability retirement annuity may not be made after the second anniversary of the date the injury or disease that causes the disability occurs unless the executive director permits the application after that date because of a showing of good cause for delay.
(d)  An applicant must submit to medical examination and provide other pertinent information as required by the retirement system.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1111, ch. 252, Sec. 5, eff. Aug. 29, 1983.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 24.201 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 1231, Sec. 12, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter C. Disability Retirement Benefits › Section 814.202. Eligibility for Disability Retirement

Sec. 814.202.  ELIGIBILITY FOR DISABILITY RETIREMENT.  (a)  A member who was contributing to the retirement system at the time the member became permanently disabled for the further performance of duty is eligible to retire for a nonoccupational disability if the member has at least:
(1)  8 years of membership service credit in the elected class of membership;
(2)  6 years of membership service credit in the elected class plus 2 years of military service credit established before January 1, 1978; or
(3)  10 years of membership service credit in the employee class of membership.
(b)  A member who was contributing to the retirement system at the time the member became permanently incapacitated for the further performance of duty, who meets the requirements provided by Section 811.001(12), and who has service credit in either membership class is eligible to retire for an occupational disability regardless of age or amount of service credit.
(c)  A member otherwise eligible may not receive a disability retirement annuity unless the member is the subject of a certification issued as provided by Section 814.203.
(d)  Repealed by Acts 2005, 79th Leg., Ch. 347, Sec. 36(6), eff. September 1, 2005.
(e)  A member otherwise eligible may not apply for or receive a nonoccupational disability annuity if the member is eligible for a service retirement annuity under Section 814.102 or 814.104(a)(2) or (b).
(f)  An application for a nonoccupational disability retirement may not be made after the second anniversary of the date the member ceased making contributions to the retirement system.
(g)  A member otherwise eligible to receive a disability retirement annuity may not receive the annuity if the member is:
(1)  still earning a salary or wage from the employment for which the member is claiming disability; or
(2)  on leave without pay from the employment for which the member is claiming disability.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1980, ch. 361, Sec. 4, eff. Sept. 1, 1983.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 24.202 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 15, eff. Sept. 1, 1991;  Acts 1999, 76th Leg., ch. 1541, Sec. 18, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1231, Sec. 13, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 347 (S.B. 1176), Sec. 12, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 347 (S.B. 1176), Sec. 36(6), eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1308 (H.B. 2559), Sec. 17, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter C. Disability Retirement Benefits › Section 814.203. Certification of Disability

Sec. 814.203.  CERTIFICATION OF DISABILITY.  (a)  As soon as practicable after an application for disability retirement is filed, the medical board shall evaluate the medical and other pertinent information regarding the member's application.  If the medical board finds that the member is mentally or physically incapacitated for the further performance of duty, as supported by substantial, objective, medical evidence, and that the incapacity is likely to be permanent, the medical board shall issue a certification of disability and submit it to the executive director.  A certification under this section is admissible in a contested case under Section 815.511 without proving the medical board as experts.
(b)  For purposes of this subchapter, a member is incapacitated for the further performance of duty if the member has demonstrably sought and been denied workplace accommodation of the disability in accordance with applicable law, and the member is physically or mentally unable to continue to hold the position occupied or to hold any other position offering comparable pay.  The employee's education, training, and experience must be considered when making a determination of incapacity under this subchapter.
(c)  For the purposes of this section, "comparable pay" means 80 percent or more of the member's final state employment base pay before deductions for taxes or deferred compensation under state and federal law, including any longevity or hazardous duty pay, but excluding the monetary value of any insurance or retirement benefits.  Comparable pay may be adjusted by the retirement system to account for adjustments in state pay rates.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 24.203 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 1111, Sec. 19, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 347 (S.B. 1176), Sec. 13, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1308 (H.B. 2559), Sec. 18, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter C. Disability Retirement Benefits › Section 814.204. Information About Occupational Disability

Sec. 814.204.  INFORMATION ABOUT OCCUPATIONAL DISABILITY.  (a)  A member who applies for retirement for an occupational disability shall furnish the retirement system all information and other data requested by the retirement system and relating to the disability.
(b)  The retirement system may require information and other data relating to an occupational disability retirement application to be furnished by any officer or employee of the agency with which the applicant holds a position.
(c)  If a person who is requested to submit information or other data under this section withholds the requested material, the retirement system may elect to treat the application as one for nonoccupational disability retirement benefits.
(d)  After receiving information and other data the retirement system considers necessary, the executive director shall determine, subject to review by the board of trustees, whether or not the disability is occupational.
(e)  A contributing member who is also a member of the Texas National Guard or the Texas State Guard is eligible for retirement for an occupational disability if the person:
(1)  is injured while on active duty with the national or state guard;
(2)  is discharged from that entity because of the injury;  and
(3)  ceases state 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. 24.204 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 1245, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter C. Disability Retirement Benefits › Section 814.205. Disability Retirement Benefits for Elected Class Service

Sec. 814.205.  DISABILITY RETIREMENT BENEFITS FOR ELECTED CLASS SERVICE.  (a)  Except as provided by Subsection (b), a disability retirement annuity for service credited in the elected class of membership is an amount computed in the same manner as the standard service retirement annuity, not reduced because of age, for service credited in the elected class.
(b)  An occupational disability retirement annuity for service credited in the elected class is computed on the basis of the amount of the member's service credit or eight years, whichever is greater.
(c)  A person who retires under this section may select an optional retirement plan instead of the standard 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. 24.205 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 16, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter C. Disability Retirement Benefits › Section 814.2055. Average Monthly Compensation

Sec. 814.2055.  AVERAGE MONTHLY COMPENSATION.  For purposes of Sections 814.206 and 814.207, "average monthly compensation" means:
(1)  a member's average monthly compensation for service in the employee class for the 36 highest months of compensation;  or
(2)  a member's average monthly compensation for service in the employee class if a member retires with less than 36 months of service.
Added by Acts 2001, 77th Leg., ch. 1231, Sec. 14, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter C. Disability Retirement Benefits › Section 814.206. Disability Retirement Benefits for Employee Class Service

Sec. 814.206.  DISABILITY RETIREMENT BENEFITS FOR EMPLOYEE CLASS SERVICE.  (a)  Except as provided by Subsection (b) and Section 814.207, a standard disability retirement annuity for service credited in the employee class of membership is an amount computed at the rate of 2.3 percent for each year of service credit in that class, times the member's average monthly compensation.
(b)  A standard disability retirement annuity under this section may not be more than 100 percent of the average monthly compensation or, if occupational, not less than 35 percent of the average monthly compensation or $150 a month, whichever is greater.
(c)  A standard disability retirement annuity computed under this section is payable throughout the life of the retiree, except as provided by Section 814.210.
(d)  Instead of the standard disability retirement annuity payable under this section, a retiring member may elect to receive an optional disability retirement annuity payable throughout the life of the retiree and actuarially reduced, under tables adopted by the board of trustees, from the standard disability retirement annuity.
(e)  Optional disability retirement annuities available to a disabled retiring member are those available to members retiring from regular service under Section 814.108(c).
(f)  A standard nonoccupational disability retirement annuity under this section is reducible, under actuarial tables adopted by the board of trustees, for a member who retires before reaching an applicable age provided by Section 814.102 or 814.104.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 24.206 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 17, eff. Sept. 1, 1991;  Acts 2001, 77th Leg., ch. 1231, Sec. 15, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 347 (S.B. 1176), Sec. 14, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter C. Disability Retirement Benefits › Section 814.208. Medical Examination of Disability Retiree

Sec. 814.208.  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 retirement system may require a disability retiree to undergo a medical examination.
(b)  An examination under this section may be held at the retiree's residence or at any place mutually agreed to by the retirement system and the retiree.  The retirement system may designate a physician to perform the examination. The retiree shall pay the expense of the examination.
(c)  If a disability retiree refuses to submit to a medical examination as provided by this section, the executive director shall discontinue the retiree's annuity payments until the retiree submits to an examination.  If a retiree has not submitted to an examination as provided by this section before the first anniversary of the date of first refusal, the executive director shall revoke all rights of the retiree to an annuity.
(d)  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 executive director.  If the executive director concurs in this certification, the annuity terminates and membership is restored as provided by Section 814.210.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 24.208 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 17, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter C. Disability Retirement Benefits › Section 814.210. Restoration of Disability Retiree to Active Service

Sec. 814.210.  RESTORATION OF DISABILITY RETIREE TO ACTIVE SERVICE.  (a)  If a retiree who is receiving a disability retirement annuity returns to state service or if the retiree is found to be no longer incapacitated for the further performance of duty, the person must again become a member of the retirement system or, if the person holds a position included in the elected class of membership, may elect to become a member.  If a person becomes a member under this section, the executive director shall terminate the person's annuity payments.
(b)  A person who becomes a member under this section is entitled to service credit for all service previously established and not canceled by a withdrawal of contributions.
(c)  If a person's disability retirement annuity is discontinued under this section, the person's selection of any optional annuity becomes void.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 24.210 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 17, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter C. Disability Retirement Benefits › Section 814.211. Refund at Annuity Discontinuance

Sec. 814.211.  REFUND AT ANNUITY DISCONTINUANCE.  (a)  Except as provided by Subsection (b), if a disability retirement annuity is discontinued, the member is entitled to a lump-sum payment from the retirement annuity reserve account in an amount, if any, by which the amount in the member's individual account in the employees saving account at the time of disability retirement exceeds the amount of payments payable before the date the annuity was discontinued.
(b)  The benefit provided by this section is not payable to a member who, after discontinuance of a disability retirement annuity, returns to state service or elects a service retirement annuity.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 91, Sec. 5, eff. Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 24.211 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 17, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter D. Death Benefit Annuities › Section 814.301. Selection of Death Benefit Plan by Member

Sec. 814.301.  SELECTION OF DEATH BENEFIT PLAN BY MEMBER.  (a)  A contributing member who has at least 10 years of service credit in the elected or employee class of membership may select a death benefit plan for the payment, if the member dies while the member is eligible to select a plan, of a death benefit annuity to a person designated by the member.  Death benefit annuities available for selection by a member described in this subsection are the optional annuities provided by Sections 814.108(c)(1) and (c)(4), payable as if the member had retired at the time of death.
(b)  If a member of a retirement system administered by the board of trustees selects death benefit plans under more than one board-administered retirement system, each plan selected may take effect. If a member selects a death benefit plan under only one retirement system administered by the board of trustees, the plan applies to service credit in other board-administered retirement systems.
(c)  The computation of a death benefit annuity selected under this section must include the ages of the member and the member's designated beneficiary at the time of the member's death.
(d)  A member may select a death benefit plan by filing an application for a plan with the retirement system on a form prescribed by the retirement system.  After selection, a death benefit plan takes effect at death unless the member amends the plan, selects a retirement annuity at the time of retirement, has chosen a plan that cannot take effect, or becomes ineligible to select a plan.
(e)  A beneficiary designation that names a former spouse as beneficiary is invalid for purposes of this section unless the designation is made after the date of the divorce.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 24.301 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 18, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 586, Sec. 19, eff. Aug. 28, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 347 (S.B. 1176), Sec. 15, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter D. Death Benefit Annuities › Section 814.302. Selection of Death Benefit Plan by Survivor of Member

Sec. 814.302.  SELECTION OF DEATH BENEFIT PLAN BY SURVIVOR OF MEMBER.  (a)  If a contributing member eligible to select a death benefit plan under Section 814.301 dies without having made a selection, or if a selection cannot be made effective, the member's designated beneficiary may select a plan in the same manner as if the member had made the selection.  If there is no designated beneficiary, the personal representative of the decedent's estate may make the selection for the benefit of the decedent's heirs or devisees.  In lieu of selecting a death benefit plan, the designated beneficiary or, if there is none, the personal representative of the decedent's estate, may elect to receive a refund of contributions and any applicable payment under Section 814.401.
(b)  If a person dies who, at the time of death, was a contributing member of a retirement program administered by the board of trustees and was eligible, having met the requirements of service credit and attained age, for a service retirement annuity based on service in one or more board-administered programs or was a contributing member of the employee class, had at least three years of service credit in that class, and would have been eligible to retire under the proportionate retirement program under Chapter 803, but was not eligible to select a death benefit plan, the person's surviving spouse may select a plan in the same manner that the decedent could have made the selection if the decedent had retired on the last day of the month in which the person died.  If there is no surviving spouse, the guardian of the decedent's surviving minor children may select a plan.  If the decedent is not survived by a spouse or minor children, an annuity may not be paid under this subsection.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 24.302 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 19, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 586, Sec. 20, eff. Aug. 28, 1995;  Acts 1999, 76th Leg., ch. 1541, Sec. 19, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 347 (S.B. 1176), Sec. 16, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter D. Death Benefit Annuities › Section 814.304. Annuity for Survivor of Elected Member

Sec. 814.304.  ANNUITY FOR SURVIVOR OF ELECTED MEMBER.  (a)  Except as provided by Subsections (b) and (c), if a member who has at least eight years of service credit in the elected class of membership dies, a death benefit annuity is payable in an amount computed at the rate of one-half of the standard service retirement annuity to which the member would have been entitled at the member's age at the time of death or at the age of 60, whichever is later.
(b)  The annuity provided by this section is payable only to the member's surviving spouse.  If the member is not survived by a spouse, a benefit may not be paid under this section.
(c)  An annuity may not be paid under this section if, at the time of death, the member was eligible to select a death benefit annuity under Section 814.301.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 24.304 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 B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter D. Death Benefit Annuities › Section 814.305. Annuity for Survivor of Law Enforcement or Custodial Officer

Sec. 814.305.  ANNUITY FOR SURVIVOR OF LAW ENFORCEMENT OR CUSTODIAL OFFICER.  If a member who has at least 20 years of service credit as a law enforcement or custodial officer dies, the amount of the death benefit annuity payable for the member's service as a law enforcement or custodial officer is an amount computed and funded as provided by Section 814.107, including any applicable reduction factors.
Added by Acts 1983, 68th Leg., p. 1977, ch. 360, Sec. 1, eff. Sept. 1, 1983.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 24.305 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 20, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter E. Member Death Benefits › Section 814.401. Member Death Benefits Generally

Sec. 814.401.  MEMBER DEATH BENEFITS GENERALLY.  (a)  Except as provided by Subsection (d), if a member dies under a circumstance described in Subsection (c), a lump-sum death benefit is payable from the state accumulation account in an amount computed at the rate of five percent of the amount in the member's individual account in the employees saving account at the time of death, times the number of full years of service credit the member had at the time of death, but not more than 100 percent of the amount in the member's individual account.
(b)  The benefit provided by this section is payable to the beneficiary designated by the member under Section 814.403(b).  If a member does not designate a beneficiary or if the beneficiary designation cannot be made effective, the benefit is payable to the member's estate.
(c)  A benefit is payable under this section only if the member at the time of death was:
(1)  actively employed by the state;
(2)  receiving workers' compensation benefits for an injury sustained while employed by the state;  or
(3)  on authorized sick leave.
(d)  A death benefit may not be paid under this section if, at the time of death, a death benefit annuity became effective.
(e)  A beneficiary designation that names a former spouse as beneficiary is invalid unless the designation is made after the date of the divorce.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 91, Sec. 6, eff. Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 24.401 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 21, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 586, Sec. 21, eff. Aug. 28, 1995;  Acts 2001, 77th Leg., ch. 1231, Sec. 17, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter E. Member Death Benefits › Section 814.402. Member Occupational Death Benefits

Sec. 814.402.  MEMBER OCCUPATIONAL DEATH BENEFITS.  (a)  Except as provided by Subsection (b), if a member dies and the executive director determines that the death was an occupational death, a lump-sum death benefit is payable from the state accumulation account in an amount equal to one year's salary, computed on the basis of the member's rate of compensation at the time of death.
(b)  The benefit provided by this section is payable only to the member's surviving spouse or, if there is no surviving spouse, to the guardian of the member's surviving dependent minor children.  If the member is not survived by a spouse or dependent minor children, a benefit may not be paid under this section.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 91, Sec. 7, eff. Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 24.402 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 B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter E. Member Death Benefits › Section 814.403. Return of Contributions

Sec. 814.403.  RETURN OF CONTRIBUTIONS.  (a)  Except as provided by Subsection (d), if a member dies before retirement, the amount in the member's individual account in the employees saving account at the time of death is payable as a lump-sum death benefit.
(b)  Except as provided by Subsection (c), the benefit provided by this section is payable to a person designated by the member in a signed and witnessed document filed with the retirement system before the member's death.  A designation, change, or revocation of a beneficiary in a will or other document not filed with the retirement system is not effective.  If a member does not designate a beneficiary or if the beneficiary designation cannot be made effective, the benefit is payable to the member's estate.
(c)  A beneficiary designation that names a former spouse as beneficiary is invalid for purposes of this section unless the designation is made after the date of the divorce.
(d)  A death benefit may not be paid under this section if, at the time of death, a death benefit annuity became effective.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 91, Sec. 8, eff. Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 24.403 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 22, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 586, Sec. 22, eff. Aug. 28, 1995.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter E. Member Death Benefits › Section 814.404. Assignment of Death Benefit for Funeral Services

Sec. 814.404.  ASSIGNMENT OF DEATH BENEFIT FOR FUNERAL SERVICES.  (a)  A beneficiary to whom a benefit is payable under this subchapter may by assignment provide that part or all of the benefit be paid in consideration for services provided in connection with the death of the member directly to a funeral director or funeral establishment licensed under:
(1)  Chapter 651, Occupations Code; or
(2)  the comparable law of another state.
(b)  The board of trustees by rule may establish requirements for forms, documentation, and procedures necessary for an effective assignment under this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 1178 (H.B. 3522), Sec. 1, eff. January 1, 2020.