Tex. Gov't Code § 824.402 · Subchapter E. MEMBER DEATH BENEFITS
BENEFITS ON DEATH OF ACTIVE MEMBER.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Except as provided by Section 824.401, the designated beneficiary of a member who dies during a school year in which the member has performed service is eligible to receive at the beneficiary's election the greatest of the following amounts:
(1) an amount equal to twice the member's annual compensation for the school year immediately preceding the school year in which the member dies, or $80,000, whichever is less;
(2) an amount equal to twice the member's rate of annual compensation for the school year in which the member dies, or $80,000, whichever is less;
(3) 60 monthly payments of a standard service retirement annuity, computed as provided by Section 824.203;
(4) an optional retirement annuity for the designated beneficiary's life in an amount computed as provided by Section 824.204(c)(1) as if the member had retired on the last day of the month immediately preceding the month in which the member dies; or
(5) an amount equal to the amount of accumulated contributions in the member's individual account in the member savings account.
(a-1) In determining under Subsection (a)(4) whether to reduce the optional retirement annuity amount because of early retirement and in determining the amount of that reduction, if applicable, the retirement system shall make the determination as if the member had retired with an additional five years of service credit on the last day of the month preceding the month in which the member dies. The additional five years of service credit used in making a determination under this subsection may not be used to determine the amount of the benefit under Section 824.203 or whether the benefit under this subsection is authorized under Section 824.401.
(b) In addition to the benefits provided under Subsection (a), the designated beneficiary of a member who is an employee of a school district and who dies as the result of a physical assault during the performance of the employee's regular duties is eligible to receive a lump-sum death benefit payment in the amount of $160,000.
(c) The board of trustees by rule may prescribe the manner of payment of benefits under this section.
Notes and commentary — not statutory text
History
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1987, 70th Leg., ch. 413, Sec. 4, eff. Sept. 1, 1987. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 34.402 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 555, Sec. 26, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1540, Sec. 12, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 930 (S.B. 1663), Sec. 5, eff. September 1, 2017.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/GV/htm/GV.824.htm
- Text hash
- sha256 6661339f92674e1371cf155b298b3b6abba8816aa43a5f30d246078888effc0a
- 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.
Cited by 8 provisions
Provisions in this library whose text cites Tex. Gov't Code § 824.402. Each shows the citation as that text prints it.
Government Code
- Tex. Gov't Code § 824.401AVAILABILITY OF ANNUITY.Printed as Section 824.402(a)(4)
- Tex. Gov't Code § 824.403BENEFITS ON DEATH OF INACTIVE MEMBER.Printed as Section 824.402 or 824.404
- Tex. Gov't Code § 824.404SURVIVOR BENEFITS.Printed as Section 824.402 or 824.403
- Tex. Gov't Code § 824.405TABLES FOR DETERMINATION OF DEATH BENEFIT ANNUITY.Printed as Section 824.402(a)(4)
- Tex. Gov't Code § 824.407GUARANTEED RETURN OF AMOUNT EQUAL TO CONTRIBUTIONS.Printed as Section 824.402
- Tex. Gov't Code § 824.502BENEFITS ON DEATH OF DISABILITY RETIREE.Printed as Section 824.402
- Tex. Gov't Code § 824.702COST-OF-LIVING ADJUSTMENT.Printed as Section 824.402(a)(3)
- Tex. Gov't Code § 824.703COST-OF-LIVING ADJUSTMENT: JANUARY 2024.Printed as Section 824.402(a)(3)
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.