Tex. Gov't Code § 814.202 · Subchapter C. DISABILITY RETIREMENT BENEFITS
ELIGIBILITY FOR DISABILITY RETIREMENT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A member who was contributing to the retirement system at the time the member became permanently disabled for the further performance of duty is eligible to retire for a nonoccupational disability if the member has at least:
(1) 8 years of membership service credit in the elected class of membership;
(2) 6 years of membership service credit in the elected class plus 2 years of military service credit established before January 1, 1978; or
(3) 10 years of membership service credit in the employee class of membership.
(b) A member who was contributing to the retirement system at the time the member became permanently incapacitated for the further performance of duty, who meets the requirements provided by Section 811.001(12), and who has service credit in either membership class is eligible to retire for an occupational disability regardless of age or amount of service credit.
(c) A member otherwise eligible may not receive a disability retirement annuity unless the member is the subject of a certification issued as provided by Section 814.203.
(d) Repealed by Acts 2005, 79th Leg., Ch. 347, Sec. 36(6), eff. September 1, 2005.
(e) A member otherwise eligible may not apply for or receive a nonoccupational disability annuity if the member is eligible for a service retirement annuity under Section 814.102 or 814.104(a)(2) or (b).
(f) An application for a nonoccupational disability retirement may not be made after the second anniversary of the date the member ceased making contributions to the retirement system.
(g) A member otherwise eligible to receive a disability retirement annuity may not receive the annuity if the member is:
(1) still earning a salary or wage from the employment for which the member is claiming disability; or
(2) on leave without pay from the employment for which the member is claiming disability.
Notes and commentary — not statutory text
History
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1983, 68th Leg., p. 1980, ch. 361, Sec. 4, eff. Sept. 1, 1983. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 24.202 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 15, eff. Sept. 1, 1991; Acts 1999, 76th Leg., ch. 1541, Sec. 18, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1231, Sec. 13, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 347 (S.B. 1176), Sec. 12, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 347 (S.B. 1176), Sec. 36(6), eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1308 (H.B. 2559), Sec. 17, 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 60a56a2c3914bc2820c5e3e872f6f1323bd5dd8505c27e765eabfd55eed6c9f9
- 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 § 811.001DEFINITIONS.Printed as Section 811.001(12)
- Tex. Gov't Code § 814.102ELIGIBILITY OF ELECTED MEMBERS FOR SERVICE RETIREMENT.Printed as Section 814.102 or 814.104(a)(2)
- Tex. Gov't Code § 814.104ELIGIBILITY OF MEMBER FOR SERVICE RETIREMENT.Printed as Section 814.102 or 814.104(a)(2)
- Tex. Gov't Code § 814.203CERTIFICATION OF DISABILITY.Printed as Section 814.203
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.