Texas Government Code Title 8, Chapter 854 - Benefits

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 854.001 - Types Of Benefits
  The types of benefits payable by the retirement system are: (1) service retirement benefits; (2) disability retirement benefits; and (3) death benefits. Acts 1981, 67th...
• Texas Section 854.002 - Composition Of Retirement Annuity
  (a) Each retirement annuity payable under this subtitle consists of a prior service annuity and a current service annuity. (b) A prior service annuity is...
• Texas Section 854.003 - Effective Date Of Retirement
  (a) Except as provided by Subsections (b) and (d), the effective date of a member's service retirement is the date the member designates at the...
• Texas Section 854.004 - When Annuity Is Payable; Changes Before First Payment
  (a) A retiree may change the retiree's choice of retirement annuity payment plans or the designation of beneficiary after the retiree's effective date of retirement...
• Texas Section 854.005 - Reduction Of Annuity Payments On Request
  (a) An annuitant by written request may authorize the retirement system to cease the annuitant's monthly payment or reduce the annuitant's monthly payment to an...
• Texas Section 854.006 - Change Of Beneficiary Or Division Of Benefit For Certain Persons Receiving Monthly Benefits
  (a) A retiree who is receiving payments of an annuity for the retiree's life but with payments to continue if the retiree dies until a...
• Texas Section 854.007 - Limitation On Payment Of Benefits
  If the amount of a benefit payment under this subtitle would exceed the limitations provided by Section 415, Internal Revenue Code of 1986, and its...

SUBCHAPTER B SERVICE RETIREMENT BENEFITS

• Texas Section 854.008 - Partial Lump-sum Distribution On Retirement
  (a) A member who is eligible for service retirement and who terminates employment with all participating municipalities may apply for a partial lump-sum distribution under...
• Texas Section 854.101 - Application For Service Retirement
  A member may apply for service retirement by filing a retirement application with the board of trustees not later than the date specified by the...
• Texas Section 854.102 - Eligibility For Service Retirement Annuity
  (a) A member is eligible to retire and receive a service retirement annuity, if the member: (1) is at least 60 years old and has...
• Texas Section 854.103 - Standard Service Retirement Annuity
  (a) The standard service retirement annuity payable under this subtitle is the sum of a member's prior service annuity and current service annuity. (b) A...
• Texas Section 854.104 - Optional Service Retirement Annuity
  (a) Instead of the standard service retirement annuity payable under Section 854.103, a retiring member may elect to receive an optional service retirement annuity under...
• Texas Section 854.105 - Selection Of Optional Service Retirement Annuity
  (a) A vested member may, while continuing to perform service for a participating municipality or after terminating all service, file with the board of trustees,...
• Texas Section 854.106 - No Surviving Spouse, Executor, Or Administrator
  (a) If a surviving spouse, or the executor or administrator of a member's estate, would be entitled to make an election under Section 854.105 because...
• Texas Section 854.107 - Designation Of Beneficiary After Retirement Under Straight Life Or Guaranteed Term Annuity
  (a) This section applies only to a retiree who marries after the date of the person's retirement and who at the time of retirement selected...

SUBCHAPTER C OPTIONAL SERVICE RETIREMENT BENEFITS

• Texas Section 854.108 - Designation Of Beneficiary After Retirement Under Joint And Survivor Annuity
  (a) This section applies only to a retiree who: (1) at the time of retirement selected an optional annuity providing that, after the retiree's death,...
• Texas Section 854.201 - Optional Service Retirement Eligibility
  (a) The governing body of a municipality having an effective date of participation in the retirement system before May 29, 1969, by ordinance may authorize...
• Texas Section 854.202 - Additional Optional Service Retirement Eligibility
  (a) The governing body of a municipality that has an effective date of participation in the retirement system after December 31, 1975, or that has...
• Texas Section 854.203 - Optional Increase In Retirement Annuities
  (a) The governing body of a participating municipality by ordinance, from time to time but not more frequently than once in each 12-month period, may...

SUBCHAPTER D DISABILITY RETIREMENT BENEFITS

• Texas Section 854.205 - Five-year Vesting
  (a) This section applies to each municipality unless the municipality's governing board files with the board of trustees before December 31, 2001, an election to...
• Texas Section 854.301 - Application For Disability Retirement Annuity
  (a) A member may apply for a disability retirement annuity by: (1) filing an application for retirement with the board of trustees; or (2) having...
• Texas Section 854.302 - Eligibility For Disability Retirement Annuity
  (a) A member who has less than 10 years of credited service in the retirement system is eligible to retire and receive a disability retirement...
• Texas Section 854.303 - Certification Of Disability
  (a) As soon as practicable after an application for disability retirement is filed, the medical board shall evaluate the medical and other pertinent information concerning...
• Texas Section 854.304 - Standard Disability Retirement Annuity
  (a) The standard disability retirement annuity payable under this subtitle is the sum of a member's prior service annuity and current service annuity. (b) A...
• Texas Section 854.305 - Optional Disability Retirement Annuity
  (a) Instead of the standard disability retirement annuity payable under Section 854.304, a member retiring for disability may elect to receive an optional disability retirement...
• Texas Section 854.306 - Medical Examination Of Disability Retiree
  (a) Once each year during the first five years after a person retires for disability, and once in each three-year period after that, the board...
• Texas Section 854.307 - Certification Of End Of Disability
  (a) If the medical board finds that a disability retiree is no longer mentally or physically incapacitated for the performance of duty or is able...
• Texas Section 854.308 - Return Of Disability Retiree To Active Service Or Employment
  (a) If a retiree who is less than 60 years old and who is receiving a disability retirement annuity resumes employment with a participating municipality...

SUBCHAPTER E OPTIONAL DISABILITY RETIREMENT BENEFITS

• Texas Section 854.309 - Refund At Annuity Discontinuance
  (a) Except as provided by Subsection (b), if a disability retirement annuity is discontinued under Section 854.307 or the right to an annuity revoked under...
• Texas Section 854.401 - Eligibility For Supplemental Disability Retirement Annuity
  (a) A member as an employee of a municipal department included, as provided by Section 852.003, in the coverage of the supplemental disability benefits fund...
• Texas Section 854.402 - Certification And Finding Of Disability
  (a) The medical board shall issue and send to the board of trustees a certification of disability for a member included in the coverage of...
• Texas Section 854.403 - Supplemental Disability Retirement Annuity
  (a) A supplemental disability retirement annuity payable under this subtitle is an amount that, when added to a member's standard disability retirement annuity or, if...
• Texas Section 854.404 - Conditions For Benefits
  (a) Supplemental disability benefits payable from the supplemental disability benefits fund cease on the death of the disability retiree and are, except as provided by...
• Texas Section 854.405 - Optional Occupational Disability Benefits Program
  (a) This section and Sections 854.406, 854.407, 854.408, 854.409, and 854.410, providing for an occupational disability benefits program, apply to municipalities having a participation date...
• Texas Section 854.406 - Application For Occupational Disability Benefits
  A member who is employed by a municipality that has adopted or is subject to the occupational disability benefits program may apply for an occupational...
• Texas Section 854.407 - Eligibility For Benefits And Determination Of Disability
  (a) As soon as practicable after an application for occupational disability benefits has been filed, the medical board shall evaluate the medical and other pertinent...
• Texas Section 854.408 - Standard Occupational Disability Retirement Annuity
  (a) The standard occupational disability retirement annuity payable under this subchapter is the sum of the member's prior service annuity and current service annuity. A...
• Texas Section 854.409 - Reports Required Of Retirees
  (a) A disability retiree who is less than 60 years old and who accepts employment or during any month receives income that is subject to...

SUBCHAPTER F DEATH BENEFITS

• Texas Section 854.410 - Optional Occupational Disability Retirement Annuity
  (a) Instead of the standard occupational disability retirement annuity payable under Section 854.408, a member retiring for disability may elect to receive an optional occupational...
• Texas Section 854.501 - Return Of Contributions
  (a) Except as provided by Subsection (c), if a member dies before retirement, a lump-sum death benefit is payable from the benefit accumulation fund in...
• Texas Section 854.502 - Refund Of Unrecovered Contributions
  (a) If monthly payments of any standard service retirement annuity under Section 854.103, optional service retirement annuity under Section 854.104, standard disability retirement annuity under...
• Texas Section 854.503 - Trust As Beneficiary
  (a) Except as provided by Subsection (b), a member or retiree may designate a trust as beneficiary for the payment of benefits from the retirement...
• Texas Section 854.504 - Person Causing Death Of Member Or Annuitant
  (a) A benefit payable on the death of a member or annuitant may not be paid to a person convicted of causing that death but...

SUBCHAPTER G OPTIONAL DEATH BENEFITS

• Texas Section 854.505 - Simultaneous Death Of Member And Beneficiary
  When a member or retiree and the spouse or beneficiary of the member or retiree have died within a period of less than 120 hours...
• Texas Section 854.601 - Coverage In Supplemental Death Benefit Program
  (a) An employee of a participating municipality is included within the coverage of the supplemental death benefit program on the first day of the first...
• Texas Section 854.602 - Extended Supplemental Death Benefit Coverage
  (a) A member included in the coverage of the supplemental death benefit program who fails to earn compensation in a month for service to a...
• Texas Section 854.603 - Member Supplemental Death Benefit
  (a) If a person included in the coverage or extended coverage of the supplemental death benefit program dies, a lump-sum supplemental death benefit is payable...
• Texas Section 854.604 - Retiree Supplemental Death Benefit
  If a retiree dies whose most recent employment as a member of the retirement system was with a municipality that has elected to provide, and...
• Texas Section 854.605 - Beneficiary Of Supplemental Death Benefit
  (a) Unless a member has directed otherwise on a form prescribed by the board of trustees and filed with the retirement system: (1) a supplemental...

Last modified: September 28, 2016