Sec. 842.114. BURDEN OF PROOF. (a) A person disputing the validity of a form, application, or other document filed with the retirement system has the burden of proving the document to be false, fraudulent, or otherwise invalid.
(b) A person seeking a correction based on an error caused by an act or omission of the retirement system or a subdivision has the burden of proving the error and the act or omission causing the error.
(c) A person described by Subsection (a) or (b) has the burden of showing:
(1) reasonableness and diligence in discovering the invalidity or error; and
(2) timeliness in notifying the retirement system or the appropriate subdivision.
Added by Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 14, eff. January 1, 2008.
Structure Texas Statutes
Title 8 - Public Retirement Systems
Subtitle F - Texas County and District Retirement System
Section 842.101. General Membership Requirement
Section 842.104. County Hospital Employees
Section 842.105. Status as an Employee
Section 842.106. Multiple Retirement System Membership
Section 842.107. Optional Membership
Section 842.108. Withdrawal of Accumulated Contributions
Section 842.109. Termination of Membership
Section 842.110. Resumption of Service After Withdrawal or Retirement
Section 842.112. Correction of Errors
Section 842.113. Judgments, Orders, and Settlement Agreements