reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 101 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 101.4 - Computation of Time

Current through Reg. 49, No. 28; July 12, 2024
(a) Computing time.
				In computing any period of time prescribed or allowed by these rules, by order
				of the board, or by any applicable statute, the period shall begin on the day
				after the act, event, or default in controversy and conclude on the last day of
				such computed period, unless it be a Saturday, Sunday, or legal
				holiday.
(b) Extensions. Unless
				otherwise provided by statute, the time for filing any application or other
				form may be extended by order of the director, upon written motion duly filed
				with the director prior to the expiration of the applicable period of time for
				the filing of the same, showing that there is good cause for such extension of
				time and that the need is not caused by the neglect, indifference, or lack of
				diligence of the movant. A copy of any such motion shall be served upon all
				other parties of record to the proceeding contemporaneously with the filing of
				the motion.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 101 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 101.5 - Applications for Benefits or Asserting Other Claims

Current through Reg. 49, No. 28; July 12, 2024
(a) General. Any person who asserts any claim
				to any right or benefit under the act shall file written application with the
				director of the system at the office of the system at Austin.
(b) Form, content, and signature of
				applications.
(1) Official forms for
				applications for certain benefits. Official forms for use in making application
				for service retirement benefits, for disability retirement benefits, and for
				refund of accumulated deposits on terminations prior to retirement are
				available at and may be obtained without charge from the office of the director
				of the system in Austin upon written request; normally, such forms are also
				available at, and can be obtained from, the county auditor of a participating
				county or from the officer in charge of payrolls for the participating
				subdivision by which the member is or was employed. All applications which are
				the subject of any official form shall contain the information, statements, and
				supporting documents designated in that official form and shall conform
				substantially to that official form.
(2) Contents of applications having no
				official form. All applications for which no official form is prescribed shall
				be typewritten or printed on white paper, 8 1/2 inches wide by 11 inches long,
				and shall contain:
(A) the name of the party
				asserting the right or claim, his membership number in the system (if any), and
				his address;
(B) a concise
				statement of the facts relied on as giving rise to the right or claim asserted;
				and
(C) a prayer stating the type
				of relief, action, or order desired by the applicant.
(3) Applications required to be signed. All
				applications for retirement or for retirement benefits must be personally
				signed in ink by the member seeking retirement unless there is a guardian of
				the person and estate of the member, in which event the application must be
				signed by the guardian. The original of all other applications shall be signed
				by the applicant or by the applicant's authorized representative. The director
				may require satisfactory proof of the authority of a representative to act for
				the member.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 101 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 101.6 - Time for Filing of Retirement Applications and First Annuity Payment

Current through Reg. 49, No. 28; July 12, 2024
(a) An application for retirement must be
				signed and dated by the member or the member's authorized representative and
				must specify an effective retirement date on which the member had satisfied all
				requirements for retirement as such requirements existed on the effective
				retirement date.
(b) The date
				specified as the effective date for retirement must be the last day of a
				calendar month falling within the period that is no more than six months before
				the date the system receives the retirement application and may not precede the
				first anniversary of the effective date of participation of the
				subdivision.
(c) A member must have
				terminated from employment on or before the effective retirement date
				designated on the application. If the member is applying for:
(1) service retirement, the date specified as
				the effective date of retirement with respect to a subdivision may not be a
				date preceding the termination of the member's employment with the subdivision
				from which the member wishes to retire.
(2) disability retirement, the date specified
				as the effective date of retirement may not be prior to the later of the date
				the member terminated employment with all participating subdivisions or the
				date the member became disabled.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 101 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 101.7 - Supporting Documents to Be Submitted

Current through Reg. 49, No. 28; July 12, 2024
The director is authorized to require submission of documents
				  reasonably related to establishment of a claimed right to benefits. These
				  documents include but are not limited to birth certificates; marriage licenses;
				  divorce decrees; letters of guardianship; letters testamentary or letters of
				  administration; death certificates; relevant court orders; sworn statements of
				  witnesses and attending physicians; autopsy reports; and sworn statements of
				  the claimant or of others having personal knowledge of relevant facts. Except
				  upon good cause being shown, failure to submit all required documents within
				  four months of the date specified by the member as his or her effective
				  retirement date will invalidate the application for retirement (service or
				  disability) for all purposes. Thereafter, a new application must be submitted
				  and a new retirement date chosen in accordance with §
									101.6
				  of this title (relating to Time for Filing of Retirement
				  Applications).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 101 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 101.8 - Service Retirement Benefits Approved by Director

Current through Reg. 49, No. 28; July 12, 2024
If the director finds from the records of the system and from
				  the documents supporting the application that the applicant is entitled to a
				  service retirement benefit, unless a contest has been filed under §
									101.12 of
				  this title (relating to Contest of Application: Form and Content), the director
				  may approve the retirement, calculate the amount of the benefit and place it
				  into effect without further hearing. On the request of the chairman or
				  vice-chairman, any benefit approved by the director shall be reported to the
				  board.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 101 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 101.9 - Disability Retirement Applications Referred to Medical Board

Current through Reg. 49, No. 28; July 12, 2024
Applications for disability retirement shall be referred by
				  the director to the medical board. The medical board shall investigate all
				  essential statements and certificates by or on behalf of the member in
				  connection with the application for disability retirement and shall pass upon,
				  conduct, or cause to be conducted, all medical examinations which in its
				  opinion are necessary to determine the cause, extent, and permanence of the
				  member's disability. The medical board shall make and file with the director a
				  written report of its conclusions and recommendations.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 101 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 101.10 - Disability Retirement Benefits Approved by Director

Current through Reg. 49, No. 28; July 12, 2024
If the findings and conclusions of the medical board, as
				  stated in its report, are such as in the director's opinion entitle the member
				  under the terms of the Act to the disability retirement benefit applied for,
				  the director may approve the retirement, calculate the amount of the benefit,
				  and place it into effect without further hearing. On the request of the
				  chairman or vice-chairman, any benefit approved by the director shall be
				  reported to the board.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 101 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 101.11 - Summary Disposition of Other Approved Applications

Current through Reg. 49, No. 28; July 12, 2024
Applications for benefits under the act not specified above,
				  including claims for refund of deposits, may be granted by the director without
				  formal hearing if not contested by any party and if the director is satisfied
				  upon the basis of the application and supporting documents that the applicant
				  is entitled to the action requested.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 101 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 101.12 - Provisional Licensing

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board may
				issue a provisional license to an applicant currently licensed in another
				jurisdiction who seeks a license in this state and who:
(1) In conjunction with the application for
				provisional licensure, has submitted an application for licensure by
				examination or licensure by credentials on the appropriate form promulgated by
				the Board; and
(2) Meets the
				requirements of Texas Occupations Code section
				256.1013.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 101 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 101.13 - Notice of Prehearing Disposition

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				an application for benefits is approved in whole or in part without hearing,
				the director, by letter of notification, shall inform the applicant in writing
				of the action taken.
(b) If the
				director determines that an application for benefits cannot be approved, the
				director shall send a letter of notification, informing the applicant that the
				claim is denied, in whole or in part, and stating the reasons
				therefor.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 101 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 101.14 - Procedure for Obtaining Hearing of Claim Denied in Whole or in Part by Director as Contested Case

Current through Reg. 49, No. 28; July 12, 2024
(a) A claimant who
				desires to contest the action of the director denying, in whole or in part, the
				claim to any right or benefit under the Act may obtain a hearing of the claim
				as a "contested case" pursuant to the Administrative Procedure Act (Chapter
				2001, Government Code) and the following rules, by filing a written "Request
				for Hearing of Denied Claim" within 90 days after the date of the director's
				letter of notification.
(b) If no
				request under subsection (a) of this section is filed by the claimant within
				the 90 day period provided above, the prehearing disposition made by the
				director shall become final and unappealable.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 101 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 101.15 - Hearing of Conflicting and Contested Claims

Current through Reg. 49, No. 28; July 12, 2024
(a) Where a party, pursuant to §
									101.12 of
				this title (relating to Contest of Application: Form and Content) has filed an
				answer to a pending application, the issues presented shall be heard as a
				"contested case" in accordance with the provisions of the Administrative
				Procedure Act (Chapter 2001, Government Code) and the following rules adopted
				by the board of trustees.
(b) If
				different persons make claim to any benefit which the system concedes, or if a
				party challenges the competency or right of a member to dispose of such a
				benefit in accordance with the latest written designation executed by the
				member and filed with the system, the director may decline any decision on the
				issues between the opposing claimants and file an appropriate action in a court
				of competent jurisdiction making the opposing claimants parties and may tender
				payment through the court to the party adjudged entitled to it.
(c) Upon a written request by a party or upon
				motion by the director or the board, the director may issue subpoenas addressed
				to the sheriff to require the attendance of witnesses and the production of
				books, records, papers, or other objects that may be appropriate for purposes
				of a deposition or hearing.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 101 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 101.16 - Conduct of Contested Case Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a)
				After the filing of a request for a contested case hearing pursuant to these
				rules, or after the filing of a third-party answer under Section
				101.12 of
				this title (relating to Contest of Application: Form and Content), the director
				shall cause the contested case to be docketed in the State Office of
				Administrative Hearings (SOAH), by filing with the SOAH a "Request for Setting
				of Hearing" or a "Request for Assignment of Administrative Law Judge" as the
				director deems appropriate, along with a certified copy of the pleadings,
				orders, and other relevant documents in the System's files at that time
				concerning the issues in dispute.
(b) After the case has been docketed with the
				SOAH and an administrative law judge has been assigned, the director shall
				notify all parties to the proceeding of the actions taken. Thereafter, any
				amended pleading or any motion filed in connection with the case, including,
				but not limited to, motions for continuance, discovery, settings and other
				relief, shall be filed with the SOAH at its office in Austin, Texas, until such
				time as the proposal for a decision has been presented to the board of trustees
				as hereinafter provided.
(c) At
				least 10 days prior to the hearing, the director shall give notice to all
				parties as required by §2001.051 of the Administrative Procedure Act
				(Chapter 2001, Government Code).
(d) The hearing will be conducted by an
				administrative law judge assigned by the SOAH, and shall be conducted in
				accordance with the Administrative Procedure Act (Chapter 2001, Government
				Code), these rules, and the rules adopted by the SOAH. Hearings will be
				conducted in Travis County.
(e)
				Parties to the hearing, including the system, may be represented by counsel.
				All parties, including the system, may introduce testimony of witnesses,
				records, documents, and other evidence relevant to the claim or matter which is
				the subject of the hearing. The administrative law judge shall have authority
				to administer oaths, examine witnesses, rule on the admissibility of evidence,
				recess the hearing from day to day, or to a specified date, and otherwise to
				regulate and conduct the hearing to the end that the issues may be presented
				fairly and with order and decorum.
(f) The provisions of the Administrative
				Procedure Act (Chapter 2001, Government Code) shall govern the admissibility of
				evidence, but the system will take notice of any facts established by its
				records unless a party to the proceedings files a written protest of its
				validity.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 101 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 101.17 - Proposals for Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				administrative law judge who conducted the hearing, or one who has read the
				record, shall prepare a written proposal for decision for action by the board
				of trustees. The proposal for decision shall contain findings of fact and
				conclusions of law, separately stated, and, if appropriate, a proposed
				order.
(b) When a proposal for
				decision is prepared, a copy of the proposal shall be served forthwith by the
				State Office of Administrative Hearings on each party or the party's attorney,
				if any. Unless exceptions to the proposal for decision have been filed within
				the time prescribed by §
									101.18
				of this title (relating to Filing of Exceptions to Proposal, Briefs, and
				Replies), the proposal for decision may be adopted at any date thereafter by
				written order of the board of trustees.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 101 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 101.18 - Filing of Exceptions, Briefs, and Replies

Current through Reg. 49, No. 28; July 12, 2024
(a) Any party to the proceeding may, within
				20 days after date of service of a proposal for decision, file with the State
				Office of Administrative Hearings (SOAH) exceptions to the proposal and may
				submit briefs in support of such exceptions; replies to exceptions and reply
				briefs may be filed within 15 days after date for filing of such exceptions and
				briefs. A request for extension of time within which to file exceptions,
				briefs, or replies may be filed with the SOAH, and the SOAH shall promptly
				notify the parties of its action upon such requests.
(b) Briefs, exceptions, and replies shall be
				of the size and shall conform as near as may be to the form prescribed for
				applications and other pleadings.
(c) The administrative law judge may amend
				the proposal for decision pursuant to exceptions, briefs, and replies to
				exceptions and briefs, without the proposal for decision again being served on
				the parties.
(d) The administrative
				law judge shall submit the proposal for decision to the board of trustees, with
				a copy to each party.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 101 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 101.19 - Board Consideration and Action

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				final decision in contested cases shall be made by the board of trustees,
				normally on the basis of a proposal for decision, of exceptions to the
				proposal, and briefs supporting and opposing the proposal for decision. The
				board, in exceptional cases, on its own motion or on request of a party, may
				allow oral argument, may make its decision on the record, or may order the
				hearing to be conducted before the board sitting as a body.
(b) The case will be considered by the board,
				normally at its next regular meeting after time has expired for filing of
				exceptions to the proposal for decision, or any extension of time granted for
				filing such exceptions, or briefs in support of or against
				exceptions.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 101 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 101.20 - Final Decisions and Orders

Current through Reg. 49, No. 28; July 12, 2024
All final decisions and orders of the board of trustees in
				  contested cases shall be in writing and shall be signed by the director. The
				  final decision shall include findings of fact and conclusions of law,
				  separately stated. The date of rendition shall be stated in the decision or
				  order. Parties shall be notified either personally or by mail of any decision
				  or order. On written request, a copy of the decision or order shall be
				  delivered or mailed to any party and to the party's attorney of
				  record.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 101 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 101.21 - When Decisions Become Final

Current through Reg. 49, No. 28; July 12, 2024
A decision of the board of trustees is final in the absence
				  of a timely motion for rehearing, and is final and appealable on the date of
				  rendition of an order overruling the motion for rehearing, or on the date the
				  motion is overruled by operation of law.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 101 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 101.22 - Motions for Rehearing

Current through Reg. 49, No. 28; July 12, 2024
A motion for rehearing is a prerequisite to judicial review.
				  A motion for rehearing must be filed with the director within 15 days after the
				  date of rendition of a final decision or order. Replies to a motion for
				  rehearing must be filed with the system within 25 days after the date of
				  rendition of the final decision or order, and system action on the motion must
				  be taken within 45 days after the date of rendition of the final decision or
				  order. If system action is not taken within the 45-day period, the motion for
				  rehearing is overruled by operation of law 45 days after the date of rendition
				  of the final decision or order. The director may by written order entered prior
				  to the expiration of the 45-day period extend the period of time for filing the
				  motions and replies and taking system action, except that an extension may not
				  extend the period for system action beyond 90 days after the date of rendition
				  of the final decision or order. In the event of an extension, the motion for
				  rehearing is overruled by operation of law on the date fixed by the order, or
				  in the absence of a fixed date, 90 days after the date of the final decision or
				  order. The parties may by agreement, with the approval of the director, provide
				  for a modification of the time provided in this section.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 101 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 101.23 - Rendering of Final Decision or Order

Current through Reg. 49, No. 28; July 12, 2024
The final decision or order shall be rendered within 60 days
				  after the date the hearing is finally closed. In a contested case heard by
				  other than a majority of the board of trustees, the hearing is considered
				  closed on the date of the board's consideration of the case, after preparation
				  of the proposal for decision.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 101 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 101.24 - The Record

Current through Reg. 49, No. 28; July 12, 2024
(a) The record in a
				contested case shall include:
(1) all
				applications, answers, and other pleadings, and intermediate rulings;
(2) evidence received or
				considered;
(3) a statement of
				matters officially noticed;
(4)
				questions and offers of proof, objections, and rulings on them;
(5) proposed findings and exceptions
				thereto;
(6) any decision, opinion,
				or report by the officer presiding at the hearing; and
(7) all staff memoranda or data submitted to
				or considered by the hearing officer or members of the agency who are involved
				in making the decision.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 101 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 101.25 - Proceedings for Review, Suspension, or Revocation of Disability Benefits

Current through Reg. 49, No. 28; July 12, 2024
(a) The director, either on the director's
				own motion, on recommendation of the medical board, or upon sufficient written
				complaint, may order any person (the "retiree") who is receiving a disability
				retirement benefit under the Act and who is less than 60 years of age:
(1) to undergo a medical examination by one
				or more physicians designated by the director, at such time and place as the
				director by letter may order; or
(2) to furnish answers, in writing under
				oath, to such questions concerning the person's present and previous employment
				as may be propounded by the director in writing.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 101 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 101.26 - Applicability to Pending Proceedings

Current through Reg. 49, No. 28; July 12, 2024
The provisions of this chapter govern all proceedings pending
				  at their effective date, except to the extent that the director or the board
				  shall determine that their application in a particular pending proceeding would
				  work an injustice or is otherwise unfeasible, in which event the procedures
				  followed before adoption of this chapter will be permitted.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 103 - CALCULATIONS OR TYPES OF BENEFITS › Section 103.1 - Actuarial Tables

Current through Reg. 49, No. 28; July 12, 2024
(a) Service
				retirement benefits and disability retirement benefits for which the first
				benefit payment is payable before January 1, 2018, shall be calculated under
				the following rules:
(1) The annuity purchase
				rate is calculated on the basis of the UP-1984 table with an age setback of
				five years for retirees and an age setback of 10 years for beneficiaries, with
				a 30% reserve refund assumption for the standard benefit.
(2) Annuity purchase rates are based on the
				respective retiree's and beneficiary's attained ages in years.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 103 - CALCULATIONS OR TYPES OF BENEFITS › Section 103.2 - Additional Optional Retirement Annuities

Current through Reg. 49, No. 28; July 12, 2024
(a) A member entitled to retirement may elect
				to receive, in lieu of a standard retirement benefit, one of the following
				optional annuities, each of which is a reduced monthly annuity that is the
				actuarial equivalent of the standard retirement benefit, payable during the
				lifetime of the retiree, but with the provision that:
(1) after the retiree's death, the reduced
				annuity is payable throughout the life of an individual designated by the
				retiree;
(2) after the retiree's
				death, three-fourths of the reduced annuity is payable throughout the life of
				an individual designated by the retiree;
(3) after the retiree's death, one-half of
				the reduced annuity is payable throughout the life of an individual designated
				by the retiree;
(4) after the
				retiree's death, the reduced annuity is payable throughout the life of an
				individual designated by the retiree, except that if the designated individual
				predeceases the retiree, the annuity payable throughout the remaining life of
				the retiree is the annuity that would be payable if the retiree had originally
				chosen a standard retirement annuity;
(5) if the retiree dies before 120 monthly
				annuity payments have been made, the remainder of the 120 payments are payable
				to the retiree's beneficiary or, if one does not exist, to the retiree's
				estate; or
(6) if the retiree dies
				before 180 monthly annuity payments have been made, the remainder of the 180
				payments are payable to the retiree's beneficiary or, if one does not exist, to
				the retiree's estate.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 103 - CALCULATIONS OR TYPES OF BENEFITS › Section 103.3 - Beneficiary Designations and Payment Elections Requiring Spousal Consent

Current through Reg. 49, No. 28; July 12, 2024
(a) A member eligible for retirement must
				certify to the current marital status of the member on any withdrawal or
				retirement application filed with the system.
(1) A member eligible for retirement who is
				married may not select a form of payment of a retirement benefit other than as
				a qualified joint-and-survivor annuity unless the member's spouse consents to
				the selection.
(2) A member
				eligible for retirement who is married may not withdraw from membership and
				receive a refund unless the member's spouse consents to the refund.
(3) A member who is unmarried may designate
				any beneficiary and select any form of payment of a retirement benefit
				permitted under the Act.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 103 - CALCULATIONS OR TYPES OF BENEFITS › Section 103.5 - Benefit Distribution Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				The following words and terms, when used in this section shall have the
				following meanings unless the context clearly indicates otherwise.
(1) Proportionate retirement system--A public
				retirement system other than the Texas County and District Retirement System
				(TCDRS) that participates in the Proportionate Retirement Program.
(2) Required distribution date--March 31 of
				the year following the later of the year in which the member separates from
				service or the year in which the member attains age 70 and one-half.
(3) Separates from service--The termination
				of employment with a subdivision participating in the TCDRS.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 103 - CALCULATIONS OR TYPES OF BENEFITS › Section 103.6 - Recalculation of Retirement Annuities to Include Post-Retirement Deposits

Current through Reg. 49, No. 28; July 12, 2024
(a) If a contribution that would otherwise be
				credited to the member's individual account in the system is deposited after
				the member's effective retirement date, the retirement annuity shall be
				recalculated in accordance with this section.
(b) The following deposits shall be treated
				as additional accumulated contributions for purposes of recalculating the
				retirement annuity:
(1) employee
				contributions attributable to compensation for services performed while a
				member of the system but deposited within 60 days after the effective
				retirement date of the member;
(2)
				employee contributions attributable to compensation for services performed
				while a member of the system but deposited within 60 days after the death of a
				deceased member; and,
(3) employee
				contributions deposited as a result of a correction of a reporting error made
				in accordance with the Government Code, §
										842.112.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 103 - CALCULATIONS OR TYPES OF BENEFITS › Section 103.7 - Determination of Reestablished Credit

Current through Reg. 49, No. 28; July 12, 2024
(a) Except
				as provided in subsection (b) of this section, for purposes of determining the
				current service credit and multiple matching credit of the member under Texas
				Government Code, §843.403, the amount deposited by the member (excluding
				the withdrawal charge and the amounts described in subsection (b) of this
				section) after December 31, 1998, to reestablish credit in the retirement
				system shall be considered to be accumulated contributions made by the member
				to the retirement system during the calendar year of deposit. The percentage to
				be used for the determination of the multiple matching credit of the member
				with respect to such deposit is that percentage adopted by the governing board
				of the authorizing subdivision and in effect during the month in which the
				deposit is made. The multiple matching credit percentage may be increased by
				the governing board on the terms provided by the Government Code, Chapter 844,
				Subchapter H.
(b) The portion of
				the member's deposit that is a repayment of the amount transferred from a local
				pension system to the member's individual account in this retirement system
				pursuant to a merger under Texas Government Code, §842.006 and the
				accumulated interest attributable to such transferred amount shall not be
				considered when determining the current service credit and multiple matching
				credit of the member under subsection (a) of this section unless the merger
				agreement provides otherwise.
(c)
				For purposes of determining the interest to be credited to the member's
				individual account, a deposit made under this section that is received by the
				system on or before December 15, will be included in the member's account as
				accumulated contributions on the following January 1. A deposit received after
				December 15 will not be included as accumulated contributions in the
				determination of the interest to be credited to the member's individual account
				until January 1 of the next following year.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 103 - CALCULATIONS OR TYPES OF BENEFITS › Section 103.8 - Limit on Payments During the Limitation Year

Current through Reg. 49, No. 28; July 12, 2024
(a) The limitation year used by the
				retirement system for determining the maximum annual benefit which may be paid
				under §415(b) of the Internal Revenue Code of 1986 is the calendar year.
				Notwithstanding anything to the contrary, the system will make no payments of a
				retirement annuity with respect to a retiree in excess of the annual limit as
				determined in accordance with §415(b) of the Internal Revenue Code and the
				regulations thereunder.
(b) If the
				benefit recipient is not a participant in the Texas County and District
				Retirement System Qualified Replacement Benefit Arrangement (34 TAC
				§§
									113.1, et
				seq), the maximum monthly amount of the retirement annuity payable with respect
				to the retiree during the limitation year shall be the lesser of:
(1) the amount determined under the
				provisions of Chapter 844, Government Code, without regard to the limitations
				of §844.008; or
(2) the amount
				determined by dividing the annual limit for the limitation year determined in
				accordance with §415(b) of the Internal Revenue Code, by the number of
				monthly payments scheduled to be paid with respect to the retiree during the
				limitation year.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 103 - CALCULATIONS OR TYPES OF BENEFITS › Section 103.9 - Partial Lump-Sum Distribution on Service Retirement

Current through Reg. 49, No. 28; July 12, 2024
(a) The following words and terms, when used
				in this section shall have the following meanings unless the context clearly
				indicates otherwise.
(1) Act--Subtitle F,
				Title 8, Government Code as amended.
(2) Subdivision--A subdivision participating
				in the retirement system that is subject to the provisions of §844.009 of
				the Act, authorizing a member to elect to receive a portion of the member's
				retirement benefit in the form of a single payment.
(3) Basic annuity--An annuity payable from
				the Current Service Annuity Reserve Fund and actuarially determined from the
				sum of the member's individual account balance and current service credit, as
				provided under the Act. A retired member receives a separate basic annuity for
				credited service with each subdivision.
(4) Eligible rollover distribution--The
				portion of the partial lump sum distribution that is eligible to be rolled over
				to a qualified plan in accordance with the Internal Revenue Code.
(5) Individual account--The account
				maintained by the retirement system in the name of a member reflecting monetary
				credit and which consists of the contributions deducted from the compensation
				the member received from the subdivision, the deposits the member made to the
				account, and interest credited to the account, as provided under the Act. A
				member has a separate individual account with respect to each subdivision with
				which the member has credited service.
(6) Member--A member of the retirement system
				who is eligible to apply for and receive a service retirement annuity based on
				service credited with a subdivision subject to §844.009 of the
				Act.
(7) Retirement account--The
				reserves on which the member's retirement benefit is determined and which
				consists of the sum of the member's individual account balance, current service
				credit, prior service credit, and multiple matching credit, as provided in the
				Act. A retired member has a separate retirement account with respect to each
				subdivision with which the member has credited service.
(8) Partial Lump Sum Distribution--The
				portion of the member's retirement benefit elected by the member to be paid to
				the member or to the alternate payee in the form of a single payment at the
				time of service retirement of the member. A partial lump sum distribution may
				not exceed 100 percent of the balances of the member's individual accounts with
				all subdivisions from which the member will retire.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 103 - CALCULATIONS OR TYPES OF BENEFITS › Section 103.10 - Survivor Annuity

Current through Reg. 49, No. 28; July 12, 2024
(a) The beneficiary
				of a deceased member who had accumulated at least four years of credited
				service in the system is eligible to apply for and receive a survivor annuity
				as described in this section.
(b)
				The annuity payable under this section to an individual beneficiary shall be
				the actuarial equivalent, as defined in §841.001(1) of the Act, of the
				allocated shares of the member's individual account balance and total service
				credit standing to the credit of the member computed as of the last day of the
				month preceding the member's death.
(c) An individual designated as beneficiary
				by the member, or an individual designated as beneficiary under the Act, may
				elect an annuity to be paid in the form of a life annuity for the beneficiary's
				life but actuarially reduced to provide a guarantee that the total of all
				payments will equal or exceed:
(1) the
				beneficiary's allocated share of the decedent's individual account balance;
				or
(2) the equivalent of 120
				monthly payments; or
(3) the
				equivalent of 180 monthly payments.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 103 - CALCULATIONS OR TYPES OF BENEFITS › Section 103.11 - Group Term Life Benefit Based on Extended Coverage

Current through Reg. 49, No. 28; July 12, 2024
(a) A member of the retirement system, who
				had coverage in the Group Term Life benefit program during the last month the
				member was required to make a contribution to the retirement system and who
				dies within 24 calendar months following that month, is considered to have
				received extended coverage in the Group Term Life benefit program provided that
				the member was unable to engage in gainful employment or was on leave of
				absence under the Family and Medical Leave Act of 1993 ("the FMLA") throughout
				the period beginning with the date of the member's last required contribution
				and ending on the date of the member's death.
(b) The person making the claim for payment
				of a Group Term Life benefit based on extended coverage has the burden of
				establishing that the deceased member was unable to engage in gainful
				employment or was on leave under the FMLA throughout the entire period of
				extended coverage, and the claimant must provide evidence satisfactory to the
				retirement system of that fact.
(c)
				The following are examples of documents relating to the member that may assist
				the claimant in meeting this burden of proof:
(1) copy of the decedent's death
				certificate;
(2) certified
				statements of attending physicians;
(3) certified statements of caregivers and
				custodians;
(4) certified
				statements of subdivisions regarding absences under the FMLA;
(5) certified statements of individuals
				having personal knowledge of the decedent's education, training and work
				experience;
(6) copies of the
				decedent's tax returns covering the period of extended coverage;
(7) findings of the Social Security
				Administration, Workers Compensation Commission or other entities providing
				compensation for disability, illness or injury.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 105 - CREDITABLE SERVICE › Section 105.1 - Persons Employed by Multiple Subdivisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				person who is concurrently employed by two or more participating subdivisions
				shall be considered a covered employee of each.
(b) Each employee-member shall make monthly
				employee contributions at the rate specified in the participation order of the
				particular employing subdivision upon all compensation paid that person by such
				employer. Each employing subdivision shall withhold the employee contributions
				required on account of the compensation paid such employee by such
				subdivision.
(c) The
				employee-member may receive only one month of credited service for any calendar
				month in which covered service was performed for two or more participating
				subdivisions. When determining an employee-member's retirement eligibility with
				respect to an employing subdivision, the credited service for a calendar month
				in which the employee-member was also performing covered service for another
				participating subdivision shall be counted as credited service performed for
				the employing subdivision for which retirement eligibility is being determined.
				When determining the retirement eligibility of an employee-member with respect
				to both subdivisions simultaneously, credited service is subject to the general
				rules of the system for recognizing and combining service among the several
				subdivisions but in no event may credited service for any calendar month be
				counted twice.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 105 - CREDITABLE SERVICE › Section 105.2 - Combining Credited Service with Multiple Subdivisions

Current through Reg. 49, No. 28; July 12, 2024
(a) A member must satisfy the retirement
				eligibility requirement of the particular subdivision with which the member is
				applying for retirement.
(b) All of
				a member's credited service in this system, as defined in §841.001(7) of
				the Act, will be combined and recognized for purposes of determining
				eligibility for service and disability retirements with respect to each
				subdivision, and eligibility for the survivor annuity.
(c) All credited service described in
				subsection (b) of this section will be combined with all other credited service
				of the member recognized under the proportionate retirement program for
				purposes of determining eligibility for service retirement with respect to each
				subdivision.
(d) Credited service
				of the member recognized under the proportionate retirement program may not be
				combined with the member's credited service in this system as defined in
				§841.001(7) of the Act for purposes of determining eligibility for any
				disability retirement or survivor annuity.
(e) When combining service for purposes of
				determining eligibility, only one month of credited service may be recognized
				for any particular calendar month.
(f) A member eligible for disability
				retirement under §844.302(a) of the Act, is eligible for disability
				retirement from all subdivisions with which the member has service
				credit.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 105 - CREDITABLE SERVICE › Section 105.3 - Optional Credited Service for Active Duty Qualified Military Service

Current through Reg. 49, No. 28; July 12, 2024
(a) In this section:
(1) The term "credited service" means
				membership service for determining retirement eligibility only. Member
				contributions and monetary credits are not required or permitted with respect
				to credited service for qualified military service established after December
				31, 1999.
(2) The term "eligible
				member" means a member of an eligible subdivision who has established credited
				service in the retirement system for at least the minimum period required to
				receive a service retirement annuity from the subdivision at age 60, who has
				performed active duty qualified military service, and who has been released
				from military duty under honorable conditions.
(3) The term "qualified military service"
				means active duty service in the uniformed services as defined in
				38
				U.S.C. §4303(13). It
				excludes that service which was performed in a month for which the member has
				received credited service in this retirement system under any other provision
				of the TCDRS Act or the Uniformed Services Employment and Reemployments Rights
				Act of 1994, and that service, credited by another retirement system, that is
				recognized by this system under the proportionate retirement program. A member
				may not be credited with more than one month of service for any calendar
				month.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 105 - CREDITABLE SERVICE › Section 105.5 - Correction of Errors by Employers: Record Adjustments

Current through Reg. 49, No. 28; July 12, 2024
(a) The sponsoring employer is responsible
				for the correction of an error arising from an act or omission of the employer
				that results in a person contributing more or less than the correct amount to
				the system or receiving more or less credited service, service credit or
				benefits than the person is rightfully entitled to receive under the
				system.
(b) If the error involves
				member contributions, the employer may initiate the correction process directly
				via the employer portal on the retirement system website as follows:
(1) The employer must provide identifying
				information for the affected member or members, the time period during which
				the error occurred, and the amount of the correction to member contributions
				submitted by the employer. The member contributions are determined according to
				the employee deposit rate in effect at the time that the error
				occurred.
(2) The employer will
				also submit an employer contribution based on the sum total of the member
				contributions made in connection with the correction and the employer
				contribution rate in effect at the time that the correction is made by the
				employer.