Sec. 814.008. CHANGE OF BENEFICIARY AFTER RETIREMENT. (a) A retiree receiving an optional service or disability retirement annuity approved by the board of trustees or described by Section 814.108(c)(1), (c)(2), or (c)(5) may change the designated beneficiary as provided by this section for the benefits payable after the retiree's death.
(b) If the beneficiary designated at the time of the retiree's retirement is the spouse or former spouse of the retiree:
(1) the spouse or former spouse must give written, notarized consent to the change; or
(2) a court with jurisdiction over the marriage must have ordered the change.
(c) A beneficiary designated under this section is entitled on the retiree's death to receive monthly payments of the survivor's portion of the retiree's optional retirement annuity for the shorter of:
(1) the remainder of the life expectancy of the beneficiary designated as of the effective date of the retiree's retirement; or
(2) the remainder of the new beneficiary's life.
(d) A retiree may not change a beneficiary under this section after retirement if the retiree has previously changed after retirement a beneficiary for optional retirement annuity payments under this subtitle.
Added by Acts 1999, 76th Leg., ch. 168, Sec. 1, eff. May 21, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1308 (H.B. 2559), Sec. 9, eff. September 1, 2009.
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