Tex. Gov't Code § 854.305 · Subchapter D. DISABILITY RETIREMENT BENEFITS
OPTIONAL DISABILITY RETIREMENT ANNUITY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Instead of the standard disability retirement annuity payable under Section 854.304, a member retiring for disability may elect to receive an optional disability retirement annuity under this section.
(b) An optional disability retirement annuity is payable throughout the life of the retiree and is actuarially adjusted from the standard disability retirement annuity to its actuarial equivalent under the option selected under Subsection (c).
(c) An eligible person may select an optional annuity under Section 854.104(c).
(d) An option under Subsection (c) applies to both prior and current service annuities, except that prior service annuities are subject to reduction under Section 855.308(f).
(e) To select an optional disability retirement annuity, a member or retiree must make the selection and designate a beneficiary on a form prescribed by and filed with the board of trustees before the 31st day after the effective date of retirement.
(f) If a disability retirement annuity is discontinued under Section 854.308, any selection of an option that applies to the annuity becomes void.
(g) If a person who retires after August 31, 1997, elects a reduced retirement annuity that is payable until the death of the last to die of the retiree and a person designated under Subsection (e), and if the retiree survives the other person, the monthly payments to the retiree will be increased to the amounts that would have been payable if the retiree had elected to receive an annuity payable only during the retiree's life, and adjustments had been made for any applicable postretirement increases in that benefit. The increased benefit becomes payable the month after the month in which the person designated under Subsection (e) dies and continues until the retiree dies.
Notes and commentary — not statutory text
History
Added by Acts 1981, 67th Leg., 1st C.S., p. 226, ch. 18, Sec. 87, eff. Jan. 1, 1982. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 64.3041 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 76, Sec. 11, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 83, Sec. 12, eff. Dec. 31, 1999; Acts 2001, 77th Leg., ch. 121, Sec. 22, eff. Jan. 1, 2002.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/GV/htm/GV.854.htm
- Text hash
- sha256 f00a4743612a0f5c26057236a6a2c379c05fc68417686294499cc056b321b455
- 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 § 854.104OPTIONAL SERVICE RETIREMENT ANNUITY.Printed as Section 854.104(c)
- Tex. Gov't Code § 854.304STANDARD DISABILITY RETIREMENT ANNUITY.Printed as Section 854.304
- Tex. Gov't Code § 854.308RETURN OF DISABILITY RETIREE TO ACTIVE SERVICE OR EMPLOYMENT.Printed as Section 854.308
- Tex. Gov't Code § 855.308BENEFIT ACCUMULATION FUND: PRIOR SERVICE.Printed as Section 855.308(f)
Cited by 1 provision
Provisions in this library whose text cites Tex. Gov't Code § 854.305. Each shows the citation as that text prints it.
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.