Section 69.6 - Notice of Conviction(a) The system shall terminate the annuity of an elected official or corrections officer convicted of a qualifying felony pursuant to § 69.3 of this chapter upon receipt of notice of the conviction as specified in Tex. Gov't Code § 810.003 or § 810.004 or other proper notice of the conviction.(b) Proper notice of the conviction must include:(1) a copy of the court's judgment and sentence or documentation equivalent to a judgment and sentence; and(2) identifying information establishing that the person named in the judgment and sentence is an elected official or corrections officer who is a contributing member or annuitant of the system, including, but not limited to, the person's date of birth or social security number.(c) The person convicted of a qualifying felony must provide proper notice of the conviction to the system not later than the 30th day after the judgment and sentence are entered by the court. If the person fails to provide such notice on or before the 30-day deadline, the person must repay to the system all annuity payments that would have been forfeited if timely notice had been provided. The system shall recoup the annuity payments prior to making any payment to an alternate payee, except as provided by Tex. Gov't Code § 810.003(g) or § 810.004(f), and shall offset such payments against a refund of the person's remaining service retirement annuity contributions, including service purchase funds, if any.(d) For an elected official, the governmental entity to which the person was elected or appointed must provide proper notice of the conviction to the system not later than the 30th day after the judgment and sentence are entered by the court.(e) For elected officials and corrections officers, the court entering the judgment and sentence must provide proper notice of the conviction to the system as soon as practicable but not later than the 30th day after the judgment and sentence are entered by the court.(f) For elected officials and corrections officers, the lead prosecuting attorney must provide proper notice of the conviction to the system as soon as practicable but not later than the 30th day after the judgment and sentence are entered by the court. The lead prosecuting attorney also shall provide a copy of the indictment to the system.(g) A court's, governmental entity's, or lead prosecuting attorney's failure to comply with the notice requirements under subsection (d), (e), or (f) of this section shall not prevent the system from terminating an annuity.34 Tex. Admin. Code § 69.6
Adopted by Texas Register, Volume 46, Number 52, December 24, 2021, TexReg 9060, eff. 12/29/2021