Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 11 - TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Chapter 308 - BENEFITS FROM THE TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Section 308.4 - Death Benefits

Current through Reg. 49, No. 28; July 12, 2024
(a) The surviving
				spouse and dependents of a member who dies as a result of performing emergency
				services or support services are entitled to the benefit provided under §
									864.006,
				Texas Government Code. The beneficiary of an active member who dies as a result
				of performing emergency services or support services is entitled to a lump-sum
				benefit of $100,000.
(b) Except as
				otherwise elected under subsection (c) or (d) of this section, the beneficiary
				of a deceased active member whose death did not result from the performance of
				emergency services or support services, including a member whose death resulted
				from the performance of active military duty, is entitled to: the sum of the
				amount that has been contributed on the decedent's behalf from whatever source
				at the time of the member's death and the amount that would have been
				contributed by a participating department after the member's death, based on
				the participating department's contribution rate at the time of the member's
				death, at the end of the period required for full service retirement benefits,
				but in no event less than the total amount that has actually been contributed
				on the member's behalf.
(c) In lieu
				of the benefit provided by subsection (b) of this section, if the surviving
				spouse is the sole designated beneficiary of a deceased member (i) who dies as
				an active member of a participating department, (ii) whose death did not result
				from the performance of emergency services or support services and (iii) who
				had attained the minimum age and service requirements under §
									308.1
				of this title (relating to Eligibility for Retirement Annuity) for a full or
				partial service retirement as of the date of death, the surviving spouse may
				elect to receive two-thirds of the monthly annuity for a full or partial
				retirement, as applicable, that the decedent would have received if the
				decedent had retired on the date of death.
(d) In lieu of the benefit provided by
				subsection (b) of this section, if the surviving spouse is the sole designated
				beneficiary of a deceased member (i) who dies as an active member of a
				participating department, (ii) whose death did not result from the performance
				of emergency services or support services, and (iii) who had attained the
				minimum service requirements, but had not attained the minimum age requirement
				under §
									308.1
				of this title for a full or partial service retirement as of the date of death,
				the surviving spouse may elect to receive a death benefit annuity, beginning on
				the later of the date on which the decedent would have attained the minimum age
				requirement or the date the surviving spouse applies for the annuity, equal to
				two-thirds of the monthly annuity for a full or partial retirement, as
				applicable, to which the decedent would have been entitled on the date that the
				member would have attained the minimum age requirement.
(e) The election under subsection (b) or (c)
				of this section, as applicable, is not available to the deceased member's
				spouse if the deceased member designated more than one beneficiary to receive
				such death benefit, even if the spouse is one of the deceased member's
				designated beneficiaries.
(f) All
				beneficiary designations of a member will become null and void upon such
				member's termination from service with all participating departments. No
				designated beneficiary is entitled to a death benefit under this section
				following a member's termination of service from all participating
				departments.
(g) The surviving
				spouse of a deceased member who dies after terminating service, but before
				commencing a service retirement annuity from the pension system under §
									308.2
				of this title (relating to Service Retirement Annuity), is entitled to receive
				upon application to the pension system (i) the death benefit annuity described
				in subsection (c) of this section if the deceased member had attained the
				minimum age and service requirements under §
									308.1
				of this title for a full or partial service retirement as of the date of death
				or (ii) the death benefit annuity described in subsection (d) of this section
				if the deceased member had attained the minimum service requirements, but had
				not attained the minimum age requirement under §
									308.1
				of this title for a full or partial service retirement as of the date of death,
				beginning on the dates described in subsection (d) of this section. The
				surviving spouse of a deceased member is entitled to the benefit under this
				subsection even if the surviving spouse was not the designated beneficiary of
				the deceased member upon termination of active service from all participating
				departments.
(h) The surviving
				spouse of a person who dies after commencing a service retirement annuity from
				the pension system under §
									308.2
				of this title is entitled to the benefit provided by §
									864.009,Texas
				Government Code.
(i) For
				beneficiary designations made after September 1, 2015, a member who is married
				and designates a beneficiary other than his or her spouse must obtain written
				spousal consent for such beneficiary designation in a manner as determined by
				the pension system.
(j) Any death
				benefit that is payable to a dependent will be paid to the legal guardian of
				such dependent for the benefit of such dependent.