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TITLE 34PUBLIC FINANCE
PART 4EMPLOYEES RETIREMENT SYSTEM OF TEXAS
CHAPTER 75HAZARDOUS PROFESSION DEATH BENEFITS
RULE §75.2Additional Benefit Claims

(a) In addition to the documents required under §75.1 of this chapter, the following documents shall be submitted in an application for benefits under Texas Government Code, Chapter 615, Subchapter F, unless the executive director waives their submission:

  (1) a sworn statement from the person making the claim that:

    (A) the decedent, on the date of death, was not receiving and was not eligible to receive an annuity under an employee retirement plan;

    (B) the surviving spouse, if any, of the decedent has not remarried;

    (C) the surviving spouse, if any, of the decedent is not retired and is not eligible to retire under an employee retirement plan; and

    (D) the surviving spouse, if any, of the decedent is not receiving and is not eligible to receive social security benefits; and

  (2) an itemized statement of funeral expenses incurred, if the application includes a claim for payment of funeral expenses.

(b) Except as provided in Subsection (c) of this section, an annuity payable to a surviving spouse who is eligible for benefits under Texas Government Code, Chapter 615, Subchapter F, shall be computed as provided by Texas Government Code §814.105 as if the decedent, on the date of death:

  (1) was employed by the Texas Department of Public Safety at the lowest salary provided by the General Appropriations Act for a peace officer position, if the decedent held a peace officer position on the date of death, or by the Texas Department of Criminal Justice at the lowest salary provided by the General Appropriations Act for a custodial personnel position, if the decedent held a custodial personnel position on the date of death;

  (2) had accrued 10 years of service credit in the applicable position; and

  (3) was eligible to retire without regard to any age requirement.

(c) In lieu of the amount computed under Subsection (b), an annuity shall be paid in the amount the decedent would have been eligible to receive under the decedent's employee retirement plan if the decedent had been eligible to retire at the age and with the service attained on the last day of the month of the decedent's death if:

  (1) the person making the claim requests payment of the amount computed under this subsection before any payment computed under Subsection (b) is made;

  (2) an authorized representative of the employee retirement plan in which the decedent was a participant certifies the amount computed under this subsection; and

  (3) the amount computed under this subsection is greater than the amount computed under Subsection (b).

(d) The reduction factors applied to a death benefit plan administered by the system shall be applied in the same manner to an annuity computed under either Subsection (b) or Subsection (c) of this section.

(e) As a condition of receipt of an annuity under Texas Government, Chapter 615, Subchapter F, an eligible surviving spouse shall agree to annually certify the spouse's eligibility under Subparagraphs (1)(B), (1)(C), and (1)(D) of Subsection (a) of this section and to notify the system of any change in circumstances affecting the spouse's continued eligibility. Failure to comply with this requirement or to provide the agreed certification is a basis for suspension of annuity payments until such time as compliance occurs.

(f) The amount reimbursed for funeral expenses under Texas Government Code, Chapter 615, Subchapter F, shall not exceed the lesser of $6,000 or the amount of funeral expenses actually incurred.

(g) The executive director may require additional information or affidavits as necessary to establish the validity of any claim under this section.


Source Note: The provisions of this §75.2 adopted to be effective September 13, 2001, 26 TexReg 6954; amended to be effective March 18, 2002, 27 TexReg 2059

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