Texas Government Code 615.041 – Consideration and Determination of Claim; Compelled Compliance
(a) Not later than the 30th day after the date of the death of an individual listed under § 615.003 that occurs in the performance of duties in the individual’s position as described by § 615.003 or as a result of an action that occurs while the individual is performing those duties, the individual’s employing entity shall furnish to the board of trustees of the Employees Retirement System of Texas proof of the death in the form and with additional evidence and information required by the board. The employing entity shall furnish the evidence and information required under this subsection regardless of whether the employing entity believes the individual’s death satisfies the eligibility requirements established under § 615.021(a)(1).
(b) The board of trustees shall consider the proof, evidence, and information provided under Subsection (a), and any additional information required by the rules adopted in accordance with § 615.002, to determine whether the individual’s death satisfies the eligibility requirements established under § 615.021(a)(1) and justifies the payment of assistance to the individual’s eligible survivors under this chapter.
Terms Used In Texas Government Code 615.041
- 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.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(c) If the individual’s employing entity fails to comply with Subsection (a), the attorney general may use any means authorized by law, including filing suit for a writ of mandamus against the employer, to compel the employer’s compliance with this section.