Tex. Gov't Code § 824.404 · Subchapter E. MEMBER DEATH BENEFITS
SURVIVOR BENEFITS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The designated beneficiary of a member who dies may, if entitled to a death benefit other than the accumulated contributions of the member, elect to receive, instead of a benefit payable under Section 824.402 or 824.403, a lump-sum payment of $2,500 plus an applicable monthly benefit described in this section.
(b) If the designated beneficiary is the spouse or a dependent parent of the decedent, the beneficiary may elect to receive for life a monthly benefit of $250, beginning immediately or on the date the beneficiary becomes 65 years old, whichever is later.
(c) If the designated beneficiary is the spouse of the decedent and has one or more children less than 18 years old or has custody of one or more children of the decedent who are less than 18 years old, the designated beneficiary may elect to receive:
(1) a monthly benefit of $350 payable until the youngest child becomes 18 years old; and
(2) when the youngest child has attained the age of 18, a monthly benefit for life of $250, beginning on the date the beneficiary becomes 65 years old.
(d) If the designated beneficiary or beneficiaries are the decedent's dependent children who are less than 18 years old, their guardian may elect to receive for them:
(1) a monthly benefit of $350, payable as long as two or more children are less than 18 years old; and
(2) a monthly benefit of $250, payable as long as only one child is less than 18 years old.
(e) If the designated beneficiary is the spouse or a dependent parent of the decedent, benefits under Subsection (d) are payable, if a dependent child less than 18 years old exists, on the death of the beneficiary.
(f) A person who qualifies to receive survivor benefits from more than one deceased member as a spouse or a spouse with a dependent child is entitled to be paid only benefits based on the death of one of the decedents.
Notes and commentary — not statutory text
History
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1985, 69th Leg., ch. 699, Sec. 1, eff. Sept. 1, 1985. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 34.404 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 812, Sec. 11, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1416, Sec. 19, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1229, Sec. 11, eff. Sept. 1, 2001.
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 2cd640cd93ce57630edcba6e73e580968d6eb31c93694e46942b3c7343b6dc65
- 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 7 provisions
Provisions in this library whose text cites Tex. Gov't Code § 824.404. Each shows the citation as that text prints it.
Government Code
- Tex. Gov't Code § 824.403BENEFITS ON DEATH OF INACTIVE MEMBER.Printed as Section 824.402 or 824.404
- Tex. Gov't Code § 824.4041BENEFITS FOR CERTAIN SURVIVING SPOUSES.Printed as Section 824.404
- Tex. Gov't Code § 824.406BENEFITS FOR SURVIVORS OF CERTAIN MEMBERS.Printed as Section 824.404 | Section 824.404(a)
- Tex. Gov't Code § 824.501SURVIVOR BENEFITS.Printed as Section 824.404
- Tex. Gov't Code § 824.504BENEFITS FOR SURVIVORS OF CERTAIN RETIREES.Printed as Section 824.404 | Section 824.404(a)
- Tex. Gov't Code § 824.702COST-OF-LIVING ADJUSTMENT.Printed as Section 824.404(a)
- Tex. Gov't Code § 824.703COST-OF-LIVING ADJUSTMENT: JANUARY 2024.Printed as Section 824.404(a)
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.