34 Tex. Admin. Code § 121.5

Current through Reg. 49, No. 45; November 8, 2024
Section 121.5 - Forms and Applications for Benefits, or Asserting Other Claims
(a) General. Any person who asserts any claim to any right or benefit under the Act shall file written application with the director of the system at the office of the system in Austin. Pursuant to §§855.102 and 855.201 of the Act, the board authorizes the director of the system to approve all forms required by the Act or otherwise promulgated by the director or his designee(s) for use in the administration of benefits or other operations of the system. Any form approved by the director shall satisfy any requirement of the Act that a form be approved or prescribed by the board.
(b) Form, content, and signature of applications.
(1) Official forms for applications for certain benefits. Official forms for use in applying for service retirement benefits, for disability retirement benefits, and for refund of accumulated contributions on terminations prior to retirement are available at and may be obtained without charge from the office of the director of the system, in Austin, upon written request; normally, such forms are also available at, and can be obtained from, the director of personnel of the participating city by which the member is or was employed, or (if no such office is maintained) from the officer in charge of payrolls for such city; and such forms may also be available on the system's website (www.tmrs.com) or on electronic portals maintained by the system (e.g., MyTMRS®). All applications which are the subject of any official form shall contain the information, statements, and supporting documents designated in that official form, and shall conform substantially to that official form.
(2) Contents of applications having no official form. All applications for which no official form is prescribed shall be typewritten or printed on white paper, 8-1/2 inches wide by 11 inches long, and shall contain:
(A) The name, the address, and the Social Security number or the system identification number of the party asserting the right or claim;
(B) A concise statement of the facts relied on as giving rise to the right or claim asserted; and
(C) A prayer stating the type of relief, action, or order desired by the applicant.
(3) Applications required to be signed. All applications for retirement, for retirement benefits, or any other application or form must be personally signed by the applicant, unless there is a legal guardian, or other representative authorized by law, for the applicant, in which event the application must be signed by the guardian or other lawfully authorized representative. The director may require satisfactory proof of the authority of a representative to act for the member.
(4) Confidential personal information in support of applications or other forms. Notwithstanding the requirements in any other rule in this Part 6 of Title 34 of the Texas Administrative Code, in the event confidential personal information, including, but not limited to a social security number, a taxpayer identification number, or the name or contact information for a minor, is required by a form or contained in documents filed with the system in support of the administration of benefits, and if such documents or forms must be filed in public records (including, but not limited to, court records) the director or the director's designee may accept the confidential personal information through an alternative method designed to protect the confidential personal information from public disclosure if the director or the director's designee reasonably determines the alternative method to be acceptable and provided that:
(A) the alternative method is authorized by state law or court rules or approved by a court order providing for the protection of the confidential personal information; and
(B) the confidential personal information is filed with TMRS.

34 Tex. Admin. Code § 121.5

The provisions of this §121.5 adopted to be effective January 22, 2001, 26 TexReg 980; Adopted by Texas Register, Volume 45, Number 36, September 4, 2020, TexReg 6247, eff. 9/13/2020