Sec. 17. PERSON CAUSING DEATH OF MEMBER OR ANNUITANT. (a) A benefit payable on the death of a member or annuitant may not be paid to a person convicted of causing that death but instead is payable to a person who would be entitled to the benefit had the convicted person predeceased the decedent. If no person would be entitled to the benefit, the benefit is payable to the decedent's estate.
(b) A retirement system is not required to pay a benefit under Subsection (a) of this section unless it receives actual notice of the conviction of the person who would have been entitled to the benefits. However, a retirement system may delay payment of a benefit payable on the death of a member or annuitant pending the results of a criminal investigation and of legal proceedings relating to the cause of death.
(c) For the purposes of this section, a person has been convicted of causing the death of a member or annuitant if the person:
(1) has pleaded guilty or nolo contendere to or has been found guilty by a court of an offense at the trial of which it is established that the person's intentional, knowing, or reckless act or omission resulted in the death of a person who was a member or annuitant, regardless of whether sentence is imposed or probated; and
(2) has no appeal of the conviction pending and the time provided for appeal has expired.
Structure Texas Statutes
Article 6243e. Texas Local Fire Fighters Retirement Act
Section 4. Retirement System and Trust Fund
Section 5. Exemption From Judicial Process
Section 7. Modification of Benefits and Eligibility
Section 8. Recovery of Amounts Wrongfully Obtained
Section 11. Previous Fire Department Service
Section 12. Service Retirement
Section 14. Disability Retirement
Section 16. Reduction of Benefits During Deficiency
Section 17. Person Causing Death of Member or Annuitant
Section 18. Provisions Applicable to Boards of Trustees Generally
Section 18B. Technical Assistance, Training, and Information for Boards of Trustees
Section 19. Board of Trustees for Paid or Part-Paid Fire Department
Section 20. Board of Trustees for Volunteer Fire Department
Section 22. Appeals From Local Board Decisions
Section 24. Certified Public Accountant
Section 26. Gifts Accepted From Any Source
Section 27. Investment of Assets
Section 28. Investment Manager and Counseling Service
Section 30. Pick Up of Employee Contributions
Section 31. Termination of Participation in Act
Section 31A. Authority of Certain Retirement Systems to Exclude Certain Persons From Coverage
Section 32. Confidentiality of Information About Members, Retirees, Annuitants, or Beneficiaries