Sec. 814.007. BENEFICIARY CAUSING DEATH OF MEMBER OR ANNUITANT. (a) Any benefits, funds, or account balances payable on the death of a member or annuitant may not be paid to a person convicted of or adjudicated as having caused that death but instead are payable as if the convicted person had predeceased the decedent.
(b) A person who becomes eligible under this section to select death or survivor benefits may select benefits as if the person were the designated beneficiary.
(c) The retirement system shall reduce any annuity computed in part on the age of the convicted or adjudicated person to a lump sum equal to the present value of the remainder of the annuity. The reduced amount is payable to a person entitled as provided by this section to receive the benefit.
(d) The retirement system is not required to change the recipient of any benefits, funds, or account balances under this section unless it receives actual notice of the conviction or adjudication of a beneficiary. However, the retirement system may delay payment of any benefits, funds, or account balances payable on the death of a member or annuitant pending the results of a criminal investigation or civil proceeding and other legal proceedings relating to the cause of death.
(e) For the purposes of this section, a person has been convicted of or adjudicated as having caused the death of a member or annuitant if the person:
(1) pleads guilty or nolo contendere to, or is found guilty by a court or jury in a criminal proceeding of, causing the death of the member or annuitant, regardless of whether sentence is imposed or probated, and no appeal of the conviction is pending and the time provided for appeal has expired; or
(2) is found liable by a court or jury in a civil proceeding for causing the death of the member or annuitant and no appeal of the judgment is pending and the time provided for appeal has expired.
Added by Acts 1995, 74th Leg., ch. 586, Sec. 13, eff. Aug. 28, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1249 (S.B. 1664), Sec. 7, eff. September 1, 2011.
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