Section 75.2 - Additional Benefit Claims(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 Tex. Gov't Code Chapter 615, Subchapter F, unless the executive director or the executive director's designee 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, has not remarried;(C) the surviving spouse, if any, is not retired and is not eligible to retire under an employee retirement plan; and(D) the surviving spouse, if any, 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) If the decedent died before September 1, 2022, then except as provided by subsection (e) of this section, an annuity payable to a surviving spouse who is eligible for benefits under Tex. Gov't Code Chapter 615, Subchapter F, shall be computed as provided by Tex. Gov't 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) If the decedent died on or after September 1, 2022, then except as provided by subsection (e) of this section, a surviving spouse who is eligible for benefits under Tex. Gov't Code Chapter 615, Subchapter F, is entitled to receive the greater of an annuity computed as provided by subsection (b) of this section or an annuity computed as provided by Tex. Gov't Code § 820.053 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;(3) was eligible to retire without regard to any age requirement; and(4) was not eligible for the additional benefit provided by Tex. Gov't Code § 820.053(a)(2)(B).(d) For purposes of subsection (c) of this section, the system shall:(1) include gain sharing interest in the computation of an annuity under Tex. Gov't Code § 820.053;(2) determine which annuity computation would result in the greater annuity at the time the annuity is first paid; and(3) allow the surviving spouse to reject the system's determination and elect to receive the lesser annuity by providing written notice of the election, which shall be irrevocable, to the system before any payment is made.(e) In lieu of an amount computed under subsection (b) or (c) of this section, 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) or (c) of this section 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 amounts computed under subsections (b) and (c) of this section.(f) 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 subsection (b) or (c) of this section.(g) As a condition of receipt of an annuity under Tex. Gov't Code Chapter 615, Subchapter F, an eligible surviving spouse shall agree to annually certify the spouse's eligibility under subsection (a)(1)(B) - (D) 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 compliance occurs.(h) The amount reimbursed for funeral expenses under Tex. Gov't Code Chapter 615, Subchapter F, shall not exceed the lesser of $6,000 or the amount of funeral expenses actually incurred.(i) The executive director or the executive director's designee may require additional information or affidavits as necessary to establish the validity of any claim under this section.34 Tex. Admin. Code § 75.2
The provisions of this §75.2 adopted to be effective September 13, 2001, 26 TexReg 6954; amended to be effective March 18, 2002, 27 TexReg 2059; Amended by Texas Register, Volume 45, Number 36, September 4, 2020, TexReg 6238, eff. 9/8/2020; Amended by Texas Register, Volume 47, Number 51, December 23, 2022, TexReg 8735, eff. 12/29/2022