Tex. Gov't Code § 814.108 · Subchapter B. SERVICE RETIREMENT BENEFITS
OPTIONAL SERVICE RETIREMENT BENEFITS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Instead of the standard service retirement annuity payable under Section 814.103 or 814.105, the standard combined service retirement annuity payable under Section 814.107, or an annuity actuarially reduced because of age under Section 814.107, a retiring member may elect to receive an optional service retirement annuity under this section.
(b) A person who selects an optional lifetime retirement annuity must designate before the selection becomes effective one person to receive the annuity on the death of the person making the selection. A person who selects an optional retirement annuity payable for a guaranteed period may designate, before or after retirement, one or more persons to receive the annuity on the death of the person making the selection.
(c) An eligible person may select one of the following options, which provides that:
(1) after the retiree's death, the reduced annuity is payable in the same amount throughout the life of the person designated by the retiree before retirement;
(2) after the retiree's death, one-half of the reduced annuity is payable throughout the life of the person designated by the retiree before retirement;
(3) if the retiree dies before 60 monthly annuity payments have been made, the remainder of the 60 payments are payable to one or more beneficiaries or, if one does not exist, to the retiree's estate;
(4) if the retiree dies before 120 monthly annuity payments have been made, the remainder of the 120 payments are payable to one or more beneficiaries or, if one does not exist, to the retiree's estate; or
(5) after the retiree's death, three-fourths of the reduced annuity is payable throughout the life of the person designated by the retiree before retirement.
(d) If a person who is nominated by a retiree in the written designation under Subsection (b) predeceases the retiree, the reduced annuity of a retiree who has elected an optional lifetime retirement annuity shall be increased to the standard service retirement annuity that the retiree would otherwise be entitled to receive if the retiree had not selected that annuity option. The standard service retirement annuity shall be adjusted as appropriate for:
(1) early retirement as permitted by law; and
(2) postretirement increases in retirement benefits authorized by law after the date of retirement.
(e) The increase in the annuity under Subsection (d) begins with the monthly payment made to the retiree for the month following the month in which the person nominated dies or the September 30, 1991, payment, whichever is later, and is payable to the retiree for the remainder of the retiree's life.
(f) The computation of an optional annuity must be made without regard to the gender of the annuitant or designee involved.
(g) Except as provided by Section 814.008 or 814.1081, a person who selected an optional service retirement annuity approved by the board of trustees or an optional service retirement annuity described by Subsection (c)(1), (c)(2), or (c)(5) may not change or revoke a beneficiary designation after the person's effective date of retirement.
(h) A beneficiary designation that names a former spouse as beneficiary for a guaranteed optional annuity described by Subsection (c)(3) or (c)(4) is invalid unless the designation is made after the date of the divorce.
Notes and commentary — not statutory text
History
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 24.108 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 13, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 586, Sec. 16, eff. Aug. 28, 1995; Acts 1999, 76th Leg., ch. 168, Sec. 2, eff. May 21, 1999; Acts 2001, 77th Leg., ch. 1231, Sec. 10, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1111, Sec. 18, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1308 (H.B. 2559), Sec. 15, eff. September 1, 2009.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/GV/htm/GV.814.htm
- Text hash
- sha256 9a02b4c94cbcddb4d7d413019a4b019b93301ee561bb7de83f476450b9e0d8fc
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Government Code
- Tex. Gov't Code § 814.008CHANGE OF BENEFICIARY AFTER RETIREMENT.Printed as Section 814.008 or 814.1081
- Tex. Gov't Code § 814.103SERVICE RETIREMENT BENEFITS FOR ELECTED CLASS SERVICE.Printed as Section 814.103 or 814.105
- Tex. Gov't Code § 814.105SERVICE RETIREMENT BENEFITS FOR EMPLOYEE CLASS SERVICE.Printed as Section 814.103 or 814.105
- Tex. Gov't Code § 814.107SERVICE RETIREMENT BENEFITS FOR CERTAIN PEACE OFFICERS.Printed as Section 814.107
- Tex. Gov't Code § 814.1081CHANGE IN ANNUITY SELECTION.Printed as Section 814.008 or 814.1081
Cited by 12 provisions
Provisions in this library whose text cites Tex. Gov't Code § 814.108. Each shows the citation as that text prints it.
Government Code
- Tex. Gov't Code § 812.203BENEFITS AFFECTED.Printed as Section 814.108(c)(3)
- Tex. Gov't Code § 814.008CHANGE OF BENEFICIARY AFTER RETIREMENT.Printed as Section 814.108(c)(1)
- Tex. Gov't Code § 814.107SERVICE RETIREMENT BENEFITS FOR CERTAIN PEACE OFFICERS.Printed as Section 814.108
- Tex. Gov't Code § 814.1081CHANGE IN ANNUITY SELECTION.Printed as Section 814.108(c)(1)
- Tex. Gov't Code § 814.1082PARTIAL LUMP-SUM OPTION.Printed as Section 814.108
- Tex. Gov't Code § 814.110INCREASING ANNUITY OPTION.Printed as Section 814.108
- Tex. Gov't Code § 814.206DISABILITY RETIREMENT BENEFITS FOR EMPLOYEE CLASS SERVICE.Printed as Section 814.108(c)
- Tex. Gov't Code § 814.301SELECTION OF DEATH BENEFIT PLAN BY MEMBER.Printed as Sections 814.108(c)(1)
- Tex. Gov't Code § 814.505RETURN OF EXCESS CONTRIBUTIONS IN OTHER CIRCUMSTANCES.Printed as Section 814.108 | Section 814.108(c)(1) | Section 814.108(c)(3) or 814.108(c)(4)
- Tex. Gov't Code § 814.601ANNUITY INCREASE AFTER DEATH OR RETIREMENT.Printed as Section 814.108
- Tex. Gov't Code § 834.103OPTIONAL SERVICE RETIREMENT ANNUITY.Printed as Section 814.108(c)
- Tex. Gov't Code § 834.301SELECTION OF DEATH BENEFIT PLAN BY MEMBER.Printed as Sections 814.108(c)(1)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.