(a) An increase that is provided by law in the amount of an annuity being paid by the retirement system and that is applicable to retirements occurring before, or not later than, a date specified in the law also applies to an annuity based on the service of a member who, before October 1, 1989:
(1) accepted, under Subchapter C, service retirement that became effective on a date that is within the period specified for eligibility for the increase;
(2) subsequently revoked the person‘s service retirement as provided by § 824.005;
(3) subsequently applied for disability retirement under § 824.301 to be effective at the end of the month in which the revocation of service retirement occurred;
(4) did not receive a disability retirement annuity under Subchapter D;
(5) subsequently accepted service retirement that became effective at the end of the month in which the earlier revocation of service retirement occurred; and
(6) applies to the retirement system in writing for recomputation of the person’s annuity.
(b) As soon as practicable after a person applies under this section, the retirement system shall verify whether an applicant meets the requirements of this section and is entitled to any increases in annuities provided by existing law.

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Terms Used In Texas Government Code 824.701

  • 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.
  • in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. 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 retirement system shall increase the amount of an annuity payable to a retiree who applies and is verified as eligible for an increase in annuities provided by law, by the amount or rate of the increase. The first payment of an annuity as increased by this section is due on the later of:
(1) the end of the month in which the retiree is verified under this section as eligible for the increase; or
(2) a date of first payment specified in the law providing for the increase.
(d) For the sole purpose of determining eligibility for or the amount of increases in annuities provided by law after the date a retiree has been verified as eligible for an increase under this section, the date of retirement of the person on whose service the annuity is based will be considered the date of original service retirement that was subsequently revoked, if the retiree has not terminated the subsequent service retirement as provided by this subtitle.