Sec. 814.1081. CHANGE IN ANNUITY SELECTION. (a) A person who retired and selected an optional service retirement annuity described by Section 814.108(c)(1), (c)(2), or (c)(5) may change the optional annuity selection to the selection of a standard service retirement annuity if:
(1) pursuant to a divorce decree, a court orders the change in the annuity selection to a standard service retirement annuity; or
(2) the retiree files with the retirement system a request to change the annuity selection, if the retiree designated a person as beneficiary who:
(A) was not at the time of designation and is not currently the retiree's spouse or dependent child; or
(B) is not currently the retiree's spouse or dependent child and has executed since the designation a written, notarized instrument that releases the retirement system from any claim to the annuity by the beneficiary and that transfers all of the beneficiary's interest in the annuity to the retiree.
(b) If a retiree files a request as provided by Subsection (a), the retirement system shall recompute the annuity as a standard service retirement annuity. The increase in the annuity under this section begins with the monthly payment made to the retiree for the month following the month in which a request is filed as provided by Subsection (a).
(c) Expired.
Added by Acts 1991, 72nd Leg., ch. 850, Sec. 14, eff. Sept. 1, 1991. Amended by Acts 1995, 74th Leg., ch. 586, Sec. 17, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 1048, Sec. 15, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1231, Sec. 11, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1308 (H.B. 2559), Sec. 16, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 618 (S.B. 1459), Sec. 11, eff. September 1, 2013.
Structure Texas Statutes
Title 8 - Public Retirement Systems
Subtitle B - Employees Retirement System of Texas
Subchapter B. Service Retirement Benefits
Section 814.1005. Inapplicability of Subchapter to Cash Balance Group Members
Section 814.101. Application for Service Retirement Benefits
Section 814.102. Eligibility of Elected Members for Service Retirement
Section 814.103. Service Retirement Benefits for Elected Class Service
Section 814.104. Eligibility of Member for Service Retirement
Section 814.105. Service Retirement Benefits for Employee Class Service
Section 814.107. Service Retirement Benefits for Certain Peace Officers
Section 814.108. Optional Service Retirement Benefits
Section 814.1081. Change in Annuity Selection
Section 814.1082. Partial Lump-Sum Option
Section 814.109. Eligibility of Certain Members for Service Retirement