Texas Government Code 824.1013 – Change of Beneficiary After Retirement
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(a) A retiree receiving an optional retirement annuity under § 824.204(c)(1), (c)(2), or (c)(5) or § 824.308(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 under those sections.
(b) If the beneficiary designated at the time of the retiree’s retirement is the spouse of the retiree at the time of the designation:
(1) the spouse must give written, notarized consent to the change;
(2) if the parties divorce after the designation, the former spouse who was designated beneficiary must give written, notarized consent to the change; or
(3) a court with jurisdiction over the marriage must approve or order the change.
Terms Used In Texas Government Code 824.1013
- 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.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Rule: includes regulation. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(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.
(c-1) Notwithstanding Subsection (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 remainder of the beneficiary’s life if the beneficiary designated at the time of the retiree’s retirement is a trust and the beneficiary designated under this section is:
(1) the sole beneficiary of that trust; or
(2) an individual who at the time of the retiree’s death is the sole beneficiary of that trust.
(c-2) The executive director or the executive director’s designee has exclusive authority to determine whether the language in a court order described by Subsection (b) is sufficient to indicate that the court has approved or ordered the change in the designated beneficiary. A determination by the executive director or the executive director’s designee under this subsection may be appealed only to the board of trustees, except that the board by rule may waive the requirement that an appeal be to the board. An appeal to the board is a contested case under Chapter 2001. The standard of review of an appeal brought under this subsection is by substantial evidence.
(d) A retiree may not change a beneficiary under this section after retirement if the retiree has previously changed or designated after retirement a beneficiary for optional retirement annuity payments under this subtitle.