Sec. 814.005. WAIVER OF BENEFITS. (a) A person may, on a form prescribed by and filed with the retirement system, waive all or a portion of any benefits from the retirement system to which the person is entitled. The retirement system also shall give effect as a waiver to a full or partial disclaimer executed in accordance with Chapter 240, Property Code, unless the benefit to be disclaimed is a lifetime annuity. A person may revoke a waiver of benefits in the same manner as the original waiver was made, unless the original waiver by its terms was made irrevocable.
(b) A waiver or a revocation of a waiver applies only to benefits that become payable on or after the date the document is filed.
(c) The retirement system shall transfer to the state accumulation account amounts from the appropriate benefit payment accounts not used to pay benefits because of a waiver executed under this section.
(d) The board of trustees may adopt rules for the administration of waivers under this section.
Added by Acts 1983, 68th Leg., p. 1147, ch. 257, Sec. 1, eff. May 27, 1983. Amended by Acts 1985, 69th Leg., ch. 91, Sec. 4, eff. Sept. 1, 1985. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 24.005 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 1048, Sec. 11, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 9, eff. September 1, 2015.
Structure Texas Statutes
Title 8 - Public Retirement Systems
Subtitle B - Employees Retirement System of Texas
Subchapter A. General Provisions
Section 814.001. Types of Benefits
Section 814.002. Benefits From Both Membership Classes
Section 814.003. Effective Date of Retirement
Section 814.004. When Benefits Are Payable
Section 814.005. Waiver of Benefits
Section 814.006. Simultaneous Death of Member and Beneficiary
Section 814.007. Beneficiary Causing Death of Member or Annuitant
Section 814.008. Change of Beneficiary After Retirement
Section 814.009. Deduction From Annuity for State Employee Organization
Section 814.0095. Charitable Deduction From Annuity
Section 814.0096. Coordination With State Employee Charitable Campaign Policy Committee
Section 814.010. Electronic Filing of Beneficiary Designation
Section 814.011. Lump-Sum Payments in Lieu of Annuities
Section 814.012. Disposition of Unclaimed Beneficiary Benefits