Sec. 16A. BENEFICIARY DESIGNATION FOR DROP. (a) Except for the marriage requirement described by Section 16(a) of this article, the provisions of Section 16 of this article pertaining to rights of survivors do not apply to an amount held in a member's DROP account. A member who participates in DROP may designate a beneficiary in the form and manner prescribed by or on behalf of the board to receive the balance of the member's DROP account in the event of the member's death, as permitted by Section 401(a)(9) of the code and the board's policies. A member who is married is considered to have designated the member's spouse as the member's beneficiary unless the spouse consents, in a notarized writing delivered to the board, to the designation of another person as beneficiary. If no designated beneficiary survives the member, the board shall pay the balance of the member's DROP account to the member's beneficiaries in the following order:
(1) to the member's spouse;
(2) if the member does not have a spouse, to each natural or adopted child of the member, or to the guardian of the child if the child is a minor or has a disability, in equal shares;
(3) if the member does not have a spouse or any children, to each surviving parent of the member in equal shares; or
(4) if the member has no beneficiaries described by Subdivisions (1), (2), and (3) of this subsection, to the estate of the member.
(b) If a member names a spouse as a beneficiary and is subsequently divorced from that spouse, the divorce voids the designation of the divorced spouse as the member's beneficiary. A designation of a divorced spouse will cause the board to pay any balance remaining in the member's DROP account in the order prescribed by Subsection (a) of this section.
(c) The surviving spouse may designate a beneficiary on a form prescribed by the pension system to receive the balance of the DROP account owed but not received before the surviving spouse's death.
(d) Payment of the balance of the member's DROP account made in accordance with this section on behalf of a minor or other person under a legal disability fully discharges the pension system's obligation to that person.
Structure Texas Statutes
Article 6243g-4. Police Officers Pension System in Certain Municipalities
Section 1A. Interpretation of Article
Section 2B. Alternative Retirement Plans
Section 2C. Requirements for Certain Cash Balance Retirement Plans
Section 4. Board Member Leave and Compensation
Section 5. Officers; Meetings; Employees
Section 5A. Qualifications of City Actuary
Section 5B. Liability of Certain Persons
Section 6. General Powers and Duties
Section 7. Removal of Board Member
Section 8. Contributions by Members
Section 9. Contributions by the City
Section 9A. Risk Sharing Valuation Studies
Section 9B. Initial Risk Sharing Valuation Studies; Corridor Midpoint
Section 9C. Actuarial Experience Studies
Section 9F. Unilateral Decisions and Actions Prohibited
Section 9G. State Pension Review Board; Report
Section 10. Investment of Surplus
Section 10A. Report on Investments by Independent Investment Consultant
Section 12. Retirement; Amount of Pension; Annual Adjustments
Section 13. Resumption of Service as Department Head After Retirement
Section 14. Deferred Retirement Option Plan
Section 15. Disability Benefits
Section 16. Rights of Survivors
Section 16A. Beneficiary Designation for Drop
Section 17. Termination of Employment; Refunds; Reemployment
Section 18. Employment by Another Department
Section 21. Determination of Benefits; Provision of Information
Section 24. Actions for Funds Misapplied
Section 25. Federal Tax Qualification of Fund
Section 26. Excess Benefit Plan
Section 27. Certain Written Agreements Between Pension System and City Authorized
Section 28. Nonreduction, Nonalienation, and Nonassignment of Benefits
Section 29. Confidentiality of Information About Members or Beneficiaries