Texas Government Code 615.121 – Payment to Surviving Spouse
(a) The state shall pay the following benefits to an eligible surviving spouse of a peace officer, a jailer, a county jailer or guard, or an employee of the Texas Department of Criminal Justice, as described by § 615.003(1), (4), (6), or (7), who was killed in the line of duty and who had not qualified for an annuity under an employees’ retirement plan:
(1) funeral expenses related to the deceased person; and
(2) monthly payments that equal the greater of:
(A) the monthly annuity payment the deceased person would have received if the deceased person had survived, had retired on the last day of the month in which the person died, and had been eligible to receive an annuity under an employees’ retirement plan; or
(B) the minimum monthly annuity payment the deceased person would have received if the person had been employed by the state for 10 years, had been paid a salary at the lowest amount provided by the General Appropriations Act for a position of peace officer, jailer, county jailer or guard, or employee of the Texas Department of Criminal Justice, as described by § 615.003(1), (4), (6), or (7), and had been eligible to retire under the Employees Retirement System of Texas.
(b) The surviving spouse is entitled to continue to receive monthly payments under Subsection (a) until the earlier of:
(1) the date the surviving spouse remarries;
(2) the date the surviving spouse becomes eligible for retirement under an employees’ retirement plan; or
(3) the date the surviving spouse becomes eligible for Social Security benefits.
Terms Used In Texas Government Code 615.121
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Month: means a calendar month. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) The Employees Retirement System of Texas may require the surviving spouse to provide information as necessary to administer this section.
(d) The Employees Retirement System of Texas may adopt rules necessary to administer this section including rules:
(1) setting the maximum amount of funeral expenses payable under this subchapter; and
(2) calculating the survivor benefits payable under this subchapter.
(e) The Employees Retirement System of Texas shall apply reduction factors, as applicable to an annuity payable under this section, in the same manner the factors are applied to a death benefit plan administered by the system.
(f) In this section, “line of duty” has the meaning assigned by § 615.021.