Sec. 814.1082. PARTIAL LUMP-SUM OPTION. (a) A member who is eligible for an unreduced service retirement annuity may select a standard retirement annuity or an optional retirement annuity described by Section 814.108 together with a partial lump-sum distribution.
(b) The amount of the lump-sum distribution under this section may not exceed the sum of 36 months of a standard service retirement annuity computed without regard to this section.
(c) The service retirement annuity selected by the member shall be actuarially reduced to reflect the lump-sum option selected by the member and shall be actuarially equivalent to a standard or optional service retirement annuity, as applicable, without the partial lump-sum distribution. The annuity and lump sum shall be computed to result in no actuarial loss to the retirement system.
(d) Unless otherwise specified in rules adopted by the board of trustees, the lump-sum distribution will be made as a single payment payable at the time that the first monthly annuity payment is paid to the retiree.
(e) The amount of the lump-sum distribution will be deducted from any amount otherwise payable under Section 814.505.
(f) The partial lump-sum option under this section may be elected only once by a member and may not be elected by a retiree. A member retiring under the proportionate retirement program under Chapter 803 is not eligible for the partial lump-sum option.
(g) Before a retiring member selects a partial lump-sum distribution under this section, the retirement system shall provide a written notice to the member of the amount by which the member's annuity will be reduced because of the selection. The member shall be asked to sign a copy of or a receipt for the notice, and the retirement system shall maintain the signed copy or receipt.
(h) The board of trustees may adopt rules for the implementation of this section and may authorize the option to be used for a death benefit annuity. This section does not apply to a disability retirement annuity.
Added by Acts 1999, 76th Leg., ch. 1541, Sec. 17, eff. Sept. 1, 1999.
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