Tex.
Gov't Code Section 615.041
Consideration and Determination of Claim; Compelled Compliance
(a)
Not later than the 30th day after the date of the death of an individual listed under Section 615.003 (Applicability) that occurs in the performance of duties in the individual’s position as described by Section 615.003 (Applicability) or as a result of an action that occurs while the individual is performing those duties, the individual’s employing entity shall furnish to the board of trustees of the Employees Retirement System of Texas proof of the death in the form and with additional evidence and information required by the board. The employing entity shall furnish the evidence and information required under this subsection regardless of whether the employing entity believes the individual’s death satisfies the eligibility requirements established under Section 615.021 (Eligible Survivors)(a)(1).(b)
The board of trustees shall consider the proof, evidence, and information provided under Subsection (a), and any additional information required by the rules adopted in accordance with Section 615.002 (Administration of Chapter), to determine whether the individual’s death satisfies the eligibility requirements established under Section 615.021 (Eligible Survivors)(a)(1) and justifies the payment of assistance to the individual’s eligible survivors under this chapter.(c)
If the individual’s employing entity fails to comply with Subsection (a), the attorney general may use any means authorized by law, including filing suit for a writ of mandamus against the employer, to compel the employer’s compliance with this section.
Source:
Section 615.041 — Consideration and Determination of Claim; Compelled Compliance, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.615.htm#615.041 (accessed Jun. 5, 2024).
