Section 43.4 - Decisions Subject to Review by an Adjudicative Hearing(a) Except as provided in subsection (b) of this section, a person adversely affected by a final administrative decision of the Teacher Retirement System of Texas (TRS) relating to the pension plan on a matter over which TRS has jurisdiction and authority to grant relief and the relief sought does not conflict with the terms of the pension plan may appeal the decision and request an adjudicative hearing with regard to the following: (1) any matter related to a member's service or disability retirement, death or survivor benefits, or request for refund of accumulated contributions;(2) the eligibility of a person for membership in TRS;(3) the amount of annual compensation credited by TRS;(4) the amount of deposits or fees required of a member;(5) any matter involving the granting, purchase, transfer, or establishment of service credit;(6) any application for correction of error in the file of a member, beneficiary, or alternate payee, other than a determination of whether an order is a qualified domestic relations order;(7) the cancellation or suspension of retirement, survivor, or death benefits; or(8) any other matter affecting eligibility for retirement and related disability and death benefits or the amount of such benefits payable under the laws governing TRS.(b) A determination by the executive director or the executive director's designee regarding whether a court with jurisdiction over the marriage of a retiree and the beneficiary of an optional annuity selected by the retiree under §824.204(c)(1), (c)(2), or (c)(5) or an optional disability annuity selected by the retiree under §824.308(c)(1), (c)(2), or (c)(5) has approved or ordered a change in retirement plan under § 824.1012, Government Code, or a change in beneficiary under § 824.1013, Government Code, is a final decision by TRS. No appeal to the board of trustees of TRS is authorized. A party adversely affected by a determination of the executive director or the designee must file a motion for reconsideration with the executive director no later than 25 days after the date such a determination is rendered if the party wishes to contest the determination.34 Tex. Admin. Code § 43.4
The provisions of this §43.4 adopted to be effective April 20, 1988, 13 TexReg 1672; amended to be effective June 9, 1999, 24 TexReg 4249; amended to be effective March 12, 2003, 28 TexReg 2115; amended to be effective April 1, 2011, 36 TexReg 2002; Amended by Texas Register, Volume 42, Number 45, November 10, 2017, TexReg 6379, eff. 11/14/2017