Tex. Gov't Code Section 814.203
Certification of Disability


(a)

As soon as practicable after an application for disability retirement is filed, the medical board shall evaluate the medical and other pertinent information regarding the member’s application. If the medical board finds that the member is mentally or physically incapacitated for the further performance of duty, as supported by substantial, objective, medical evidence, and that the incapacity is likely to be permanent, the medical board shall issue a certification of disability and submit it to the executive director. A certification under this section is admissible in a contested case under Section 815.511 (Administrative Decision; Appeal and Negotiation) without proving the medical board as experts.

(b)

For purposes of this subchapter, a member is incapacitated for the further performance of duty if the member has demonstrably sought and been denied workplace accommodation of the disability in accordance with applicable law, and the member is physically or mentally unable to continue to hold the position occupied or to hold any other position offering comparable pay. The employee’s education, training, and experience must be considered when making a determination of incapacity under this subchapter.

(c)

For the purposes of this section, “comparable pay” means 80 percent or more of the member’s final state employment base pay before deductions for taxes or deferred compensation under state and federal law, including any longevity or hazardous duty pay, but excluding the monetary value of any insurance or retirement benefits. Comparable pay may be adjusted by the retirement system to account for adjustments in state pay rates.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981. Renumbered from Vernon’s Ann.Civ.St. Title 110B, Sec. 24.203 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 2003, 78th Leg., ch. 1111, Sec. 19, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 347 (S.B. 1176), Sec. 13, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1308 (H.B. 2559), Sec. 18, eff. September 1, 2009.

Source: Section 814.203 — Certification of Disability, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­814.­htm#814.­203 (accessed Jun. 5, 2024).

814.001
Types of Benefits
814.002
Benefits from Both Membership Classes
814.003
Effective Date of Retirement
814.004
When Benefits Are Payable
814.005
Waiver of Benefits
814.006
Simultaneous Death of Member and Beneficiary
814.007
Beneficiary Causing Death of Member or Annuitant
814.008
Change of Beneficiary After Retirement
814.009
Deduction from Annuity for State Employee Organization
814.010
Electronic Filing of Beneficiary Designation
814.011
Lump-sum Payments in Lieu of Annuities
814.012
Disposition of Unclaimed Beneficiary Benefits
814.0095
Charitable Deduction from Annuity
814.0096
Coordination with State Employee Charitable Campaign Policy Committee
814.101
Application for Service Retirement Benefits
814.102
Eligibility of Elected Members for Service Retirement
814.103
Service Retirement Benefits for Elected Class Service
814.104
Eligibility of Member for Service Retirement
814.105
Service Retirement Benefits for Employee Class Service
814.107
Service Retirement Benefits for Certain Peace Officers
814.108
Optional Service Retirement Benefits
814.110
Increasing Annuity Option
814.201
Application for Disability Retirement Benefits
814.202
Eligibility for Disability Retirement
814.203
Certification of Disability
814.204
Information About Occupational Disability
814.205
Disability Retirement Benefits for Elected Class Service
814.206
Disability Retirement Benefits for Employee Class Service
814.207
Disability Retirement Benefits for Certain Peace Officers
814.208
Medical Examination of Disability Retiree
814.210
Restoration of Disability Retiree to Active Service
814.211
Refund at Annuity Discontinuance
814.301
Selection of Death Benefit Plan by Member
814.302
Selection of Death Benefit Plan by Survivor of Member
814.304
Annuity for Survivor of Elected Member
814.305
Annuity for Survivor of Law Enforcement or Custodial Officer
814.401
Member Death Benefits Generally
814.402
Member Occupational Death Benefits
814.403
Return of Contributions
814.404
Assignment of Death Benefit for Funeral Services
814.501
Retiree Death Benefits Generally
814.503
Occupational Disability Retiree Death Benefits
814.504
Assignment of Death Benefit for Funeral Services
814.505
Return of Excess Contributions in Other Circumstances
814.601
Annuity Increase After Death or Retirement
814.602
Adjustment to Annuities
814.603
Supplemental Payments
814.604
Cost-of-living Adjustment
814.1005
Inapplicability of Subchapter to Cash Balance Group Members
814.1081
Change in Annuity Selection
814.1082
Partial Lump-sum Option
814.2055
Average Monthly Compensation

Accessed:
Jun. 5, 2024

§ 814.203’s source at texas​.gov