Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 29 - BENEFITS › Subchapter H - FORFEITURES OF ACCRUED BENEFITS › Section 29.91 - Restoring Forfeited Benefits After Conviction is Overturned

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon receipt of a notice of a judgment
				  overturning the conviction of a former TRS member or service retiree for a
				  qualifying felony that resulted in the termination of membership in TRS or the
				  forfeiture of service retirement benefits required in §
										824.009,
				  Government Code, or upon receipt of a notice of judgment that the person whose
				  membership in TRS was terminated or who forfeited service retirement benefits
				  as required in §
										824.009,
				  Government Code meets the requirements for innocence under §
										103.001(a)(2),
				  Civil Practice and Remedies Code, TRS shall restore the person to membership or
				  distribute service retirement benefits to the person as provided in this
				  section.
(b) A person whose
				  membership in TRS was terminated as provided in § 29.90 of this subchapter
				  before the distribution of service retirement benefits commenced shall be
				  restored to membership in TRS as follows:
(1)
				  If there was a qualified domestic relations order (QDRO) in effect before
				  September 1, 2017, membership shall be restored upon receipt from the former
				  member of an amount equal to the total accumulated contributions paid on behalf
				  of the member under § 29.90 of this subchapter, including any accumulated
				  contributions paid to an alternate payee under the terms of a QDRO. However,
				  TRS shall not pay to the alternate payee any portion of any benefits restored
				  under this section under the terms of a QDRO in effect before September 1,
				  2017, even if the benefits result in part from the reinstatement of service
				  credit initially credited during the marriage.
(2) If a QDRO was entered on or after
				  September 1, 2017 under the authority provided in §
											824.009(i),
				  Government Code, the person shall repay all of the accumulated contributions
				  distributed under §29.90, and:
(A) If a
				  distribution of service retirement benefits has not yet commenced to the
				  alternate payee, the amount of accumulated contributions held under
				  §29.90(c)(3) for the benefit of the alternate payee shall be restored to
				  the member account. Any future distribution of benefits on behalf of the member
				  shall be subject to the terms of the QDRO entered under the authority of §
												824.009,
				  Government Code; or
(B) If a
				  distribution of service retirement benefits has commenced to the alternate
				  payee, the former member shall pay the amount of accumulated contributions
				  refunded on his or her behalf less the portion of accumulated contributions
				  retained by TRS under the terms of the QDRO and TRS shall commence distributing
				  to the member the portion of the retirement benefits elected by the member and
				  not awarded to the alternate payee. The alternate payee shall continue to
				  receive the portion of the standard service retirement annuity awarded under
				  the terms of the QDRO until the earlier of the death of the alternate payee or
				  the member.
(3) If a
				  QDRO was entered on or after September 1, 2017 but not under the authority
				  provided in §824.009(i), membership shall be restored upon receipt from
				  the person of an amount equal to the total accumulated contributions paid on
				  behalf of the member under §29.90, including any accumulated contributions
				  paid to an alternate payee. However, TRS shall not pay to the alternate payee
				  any portion of any benefits restored under this section under the terms of a
				  QDRO in effect before September 1, 2017, even if the benefits result in part
				  from the reinstatement of service credit initially credited during the
				  marriage.
(4) If there was no QDRO
				  in effect with respect to the member, membership is restored upon receipt by
				  TRS of an amount equal to all accumulated contributions refunded to the
				  member.