| (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.
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