Section 123.13 - Beneficiary Causing Death of Member or Annuitant(a) When the death of a member or annuitant of the system appears not to be the result of natural causes, the system may delay payments in accordance with §854.504 of the Act. An amended death certificate, or documentation from a law enforcement entity or prosecutor's office that is investigating the member's or annuitant's death stating that the beneficiary is not a suspect or a person of interest in the death of the member or annuitant, shall be sufficient for the system to release benefits to the beneficiary. (1) Should the system receive notice or other information that a beneficiary has become a suspect or person of interest after an annuity has begun to be administered, then the system may immediately suspend payments of said annuity at that time. (2) The system may commence or resume annuity payments, including payment of any previously suspended payments, to the appropriate person once the beneficiary is determined to not have caused the death of the member or annuitant or the system receives: (A) a notice of conviction; (B) an amended death certificate; or (C) documentation from a law enforcement entity or prosecutor's office that is investigating the member's or annuitant's death stating that the beneficiary is not a suspect or a person of interest in the death of the member or annuitant. (3) No interest will be paid on any of the delayed or suspended annuity payments under this section or the Act. (b) In accordance with §851.004 of the Act, the system, board of trustees, director, members of an advisory committee or medical board appointed by the board of trustees, and staff of the system shall not be liable should the system: release any benefits to a person who is later convicted of causing the member's or annuitant's death; or, not release benefits to a person who was convicted of causing the death of a member or annuitant, as defined in §854.504 of the Act, and instead pay such benefits to another person pursuant to the provisions of §854.504 of the Act, but then the convicted person's conviction is later overturned.34 Tex. Admin. Code § 123.13
Adopted by Texas Register, Volume 45, Number 46, November 13, 2020, TexReg 8172, eff. 11/19/2020