Texas Government Code Title 8, Chapter 824 - Benefits

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 824.001 - 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 824.002 - Effective Date Of Retirement
  (a) The effective date of a member's service retirement is the last day of the later of the following months: (1) any month in a...
• Texas Section 824.003 - When Benefits Are Payable
  Except as otherwise provided by this chapter, an annuity provided by this chapter is payable for the month in which the person who receives the...
• Texas Section 824.004 - Waiver Of Benefits
  (a) A person may, on a form prescribed by and filed with the retirement system, waive all or a portion of any benefits from the...
• Texas Section 824.005 - Revocation Of Retirement
  (a) A person who has retired under the retirement system may revoke that retirement by filing with the system a written revocation in a form...
• Texas Section 824.006 - Payment Of Annuity On Death Of Member Or Retiree
  (a) A monthly annuity payable to a retiree or beneficiary is payable to that person through the month in which the person dies. A continuation...
• Texas Section 824.007 - Deductions From Service Or Disability Retirement Annuity
  (a) In this section, "program administrator" means the person who administers the uniform program under Section 1601.102, Insurance Code. (b) An individual eligible to participate...

SUBCHAPTER B BENEFICIARIES

• Texas Section 824.008 - Deductions From Amounts Payable By The Retirement System
  (a) Notwithstanding Section 821.005, the retirement system may deduct the amount of a person's indebtedness to the retirement system from an amount payable by the...
• Texas Section 824.101 - Designation Of Beneficiary
  (a) Except as provided by Subsection (c), any member or annuitant may, on a form prescribed by and filed with the retirement system, designate one...
• Texas Section 824.1011 - Designation Of Beneficiary After Retirement
  (a) A retiree who is receiving a standard service or disability retirement annuity under Section 824.203 or 824.304(b) and who marries after the date of...
• Texas Section 824.1012 - Post-retirement Change In Retirement Payment Plan For Certain Retirement Benefit Options
  (a) As an exception to Section 824.101(c), a retiree who selected an optional service retirement annuity under Section 824.204(c)(1), (c)(2), or (c)(5) or an optional...
• Texas Section 824.1013 - Change Of Beneficiary After Retirement
  (a) A retiree receiving an optional retirement annuity under Section 824.204(c)(1), (c)(2), or (c)(5) or Section 824.308(c)(1), (c)(2), or (c)(5) may change the designated beneficiary...
• Texas Section 824.102 - Trust As Beneficiary
  (a) Except as provided by Subsection (b), a member or annuitant may designate a trust as beneficiary for the payment of benefits from the retirement...
• Texas Section 824.103 - Absence Of Beneficiary
  (a) Benefits payable on the death of a member or annuitant, except an optional retirement annuity under Section 824.204(c)(1), (c)(2), or (c)(5), are payable, and...
• Texas Section 824.104 - Failure Of Beneficiary To Claim Benefits
  (a) If, before the first anniversary of the death of a member or annuitant, the retirement system does not receive a claim for payment of...
• Texas Section 824.105 - Beneficiary 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 who has been convicted of causing...

SUBCHAPTER C SERVICE RETIREMENT BENEFITS

• Texas Section 824.106 - Simultaneous Death Of Member And Beneficiary
  When a member or annuitant and the beneficiary of the member or annuitant have died within a period of less than 120 hours, the member...
• Texas Section 824.201 - Application For Service Retirement Benefits
  (a) A member may apply for a service retirement annuity by filing a written application for retirement with the board of trustees. (b) At any...
• Texas Section 824.202 - Eligibility For Service Retirement
  (a) Except as provided by Subsections (a-1) and (a-2), a member is eligible to retire and receive a standard service retirement annuity if: (1) the...
• Texas Section 824.203 - Standard Service Retirement Benefits
  (a) Except as provided by Subsections (c) and (d), the standard service retirement annuity is an amount computed on the basis of the member's average...
• Texas Section 824.2031 - Benefit Improvements
  (a) Each regular legislative session, the legislature shall determine whether the performance of the retirement system trust fund makes the fund capable of supporting improvements...
• Texas Section 824.204 - Optional Service Retirement Benefits
  (a) Instead of the standard service retirement annuity payable under Section 824.203 or an annuity reduced because of age under Section 824.202, a retiring member...
• Texas Section 824.2045 - Partial Lump-sum Option
  (a) A member may select a standard service retirement annuity or an optional service retirement annuity described by Section 824.204, reduced for early age as...
• Texas Section 824.205 - Deductions From Service Retirement Annuity
  (a) A person who receives a service retirement annuity under Section 824.202, 824.203, or 824.204 may, on a form satisfactory to and filed with the...

SUBCHAPTER D DISABILITY RETIREMENT BENEFITS

• Texas Section 824.206 - Change Of Service Retirement Annuity Payment Plan
  (a) A retiree may change the retiree's choice of service retirement annuity payment plans after the retiree's effective date of retirement by filing written notice...
• Texas Section 824.301 - Application For Disability Retirement Benefits
  (a) A member may apply for a disability retirement annuity by: (1) filing a written application for retirement with the board of trustees; or (2)...
• Texas Section 824.302 - Eligibility For Disability Retirement
  Subject to Section 824.310, a member is eligible to retire and receive a disability retirement annuity if the member: (1) is mentally or physically disabled...
• Texas Section 824.303 - Certification Of Disability
  (a) After a member applies for disability retirement, the medical board may require the member to submit additional information about the disability. (b) If the...
• Texas Section 824.304 - Disability Retirement Benefits
  (a) Subject to Section 824.310, if a member has a total of less than 10 years of service credit in the retirement system on the...
• Texas Section 824.305 - Medical Examination Of Disability Retiree
  (a) Once each year during the first five years after a member retires for disability, and once in each three-year period after that, the board...
• Texas Section 824.307 - Restoration Of Disability Retiree To Membership
  (a) If the medical board finds that a disability retiree is no longer mentally or physically incapacitated for the performance of duty, it shall certify...
• Texas Section 824.308 - Optional Disability Retirement Benefits
  (a) Instead of an annuity payable under Section 824.304(b), a member retiring under that section may elect to receive an optional disability retirement annuity under...
• Texas Section 824.309 - Change Of Disability Retirement Payment Plan
  (a) A retiree may change the retiree's choice of disability retirement payment plans after the retiree's effective date of retirement by filing written notice with...

SUBCHAPTER E MEMBER DEATH BENEFITS

• Texas Section 824.310 - Purpose Of Disability Benefit; Limit On Supplemental Income
  (a) The purpose of a disability retirement annuity paid under this subchapter is to lessen the financial hardships faced by a member with a disability....
• Texas Section 824.401 - Availability Of Annuity
  (a) A death benefit annuity under this chapter is payable only if the decedent had, at the time of death, at least the minimum amount...
• Texas Section 824.402 - Benefits On Death Of Active Member
  (a) Except as provided by Section 824.401, the designated beneficiary of a member who dies during a school year in which the member has performed...
• Texas Section 824.403 - Benefits On Death Of Inactive Member
  (a) Except as provided by Section 824.401, the designated beneficiary of a member who dies while absent from service is eligible to receive: (1) the...
• Texas Section 824.404 - Survivor Benefits
  (a) The designated beneficiary of a member who dies may, if entitled to a death benefit other than the accumulated contributions of the member, elect...
• Texas Section 824.4041 - Benefits For Certain Surviving Spouses
  (a) A person is eligible to receive benefits under this section if the person: (1) is the designated beneficiary of a deceased member; (2) elected...
• Texas Section 824.405 - Tables For Determination Of Death Benefit Annuity
  For the purpose of computing a death benefit annuity under Section 824.402(a)(4) or Section 824.403, the board of trustees shall extend the tables in Section...
• Texas Section 824.406 - Benefits For Survivors Of Certain Members
  (a) Except as provided by Subsection (c), an eligible surviving spouse who is the designated beneficiary of a person who died before April 8, 1957,...

SUBCHAPTER F RETIREE DEATH BENEFITS

• Texas Section 824.407 - Guaranteed Return Of Amount Equal To Contributions
  If a beneficiary selects a life annuity death benefit under Section 824.402, the retirement system shall pay a lump-sum death benefit in an amount, if...
• Texas Section 824.501 - Survivor Benefits
  (a) The designated beneficiary of a service or disability retiree who dies while receiving a service or disability retirement benefit may elect to receive: (1)...
• Texas Section 824.502 - Benefits On Death Of Disability Retiree
  The designated beneficiary of a disability retiree who retires before September 1, 1992, who has not selected an optional annuity under Section 824.308, and who...
• Texas Section 824.503 - Return Of Excess Contributions
  (a) If a retiree dies while receiving a standard or reduced service retirement annuity as provided by Section 824.202 or an optional service retirement annuity...
• Texas Section 824.504 - Benefits For Survivors Of Certain Retirees
  (a) Except as provided by Subsection (b), a surviving spouse who is the designated beneficiary of a retiree who did not perform a year of...

SUBCHAPTER G LOSS OF BENEFITS ON RESUMPTION OF SERVICE

• Texas Section 824.505 - Other Amounts Payable On Death Of Retiree
  (a) Amounts payable by the retirement system to an annuitant that are not received by that annuitant or the annuitant's bank, as determined by the...
• Texas Section 824.601 - Loss Of Monthly Benefits
  (a) In this section, "third-party entity" means an entity retained by a Texas public educational institution to provide personnel to the institution that perform duties...
• Texas Section 824.602 - Exceptions
  Sec. 824.602. EXCEPTIONS. (a) Subject to Section 825.506, the retirement system may not, under Section 824.601, withhold a monthly benefit payment if the retiree is...
• Texas Section 824.6022 - Required Reports; Offense
  (a) An employer shall file a monthly certified statement of employment of a retiree in the form and manner required by the retirement system. (b)...

SUBCHAPTER H INCREASES IN ANNUITIES

• Texas Section 824.603 - Exclusion From Credit
  Employment of a retiree described by Section 824.601(b-1) or 824.602(a) does not entitle the retiree to additional service credit, and the retiree so employed is...
• Texas Section 824.701 - Application Of Annuity Increases To Certain Annuities
  (a) An increase that is provided by law in the amount of an annuity being paid by the retirement system and that is applicable to...

SUBCHAPTER I DEFERRED RETIREMENT OPTION PLAN

• Texas Section 824.702 - Cost-of-living Adjustment
  (a) The retirement system shall make a one-time cost-of-living adjustment payable to annuitants receiving a monthly death or retirement benefit annuity, as provided by this...
• Texas Section 824.801 - Definition
  In this subchapter, "plan" means the deferred retirement option plan provided by this subchapter. Added by Acts 1997, 75th Leg., ch. 1416, Sec. 21, eff....
• Texas Section 824.8011 - Deadline To Elect To Participate
  A person must make an election to participate in the plan not later than December 31, 2005. Added by Acts 2005, 79th Leg., Ch. 1359...
• Texas Section 824.802 - Participation In Plan
  (a) A contributing member who is eligible under Section 824.202 to retire and receive a standard service retirement annuity that is not reduced for retirement...
• Texas Section 824.803 - Computation Of Participant's Service And Annuity
  (a) A person participating in the plan remains a member of the retirement system during the period of participation, unless the member terminates membership under...
• Texas Section 824.804 - Benefits Under Plan
  (a) On the effective date of a member's participation in the plan, the retirement system shall make the transfers required by Section 825.309 to the...
• Texas Section 824.805 - Termination Of Participation In Plan
  (a) Except as provided by Subsection (b), a member terminates participation in the plan by: (1) retirement; (2) death; or (3) expiration of the period...
• Texas Section 824.806 - Benefits For Service After Plan Participation
  (a) Any eligible service credit accrued after termination of participation in the plan and before retirement shall be credited in the retirement system. (b) At...
• Texas Section 824.807 - Interest
  Interest is creditable to a member's account in the deferred retirement option account at an annual, prorated rate equal to two percent during the period...

Last modified: September 28, 2016