Tex. Gov't Code Section 814.302
Selection of Death Benefit Plan by Survivor of Member


(a)

If a contributing member eligible to select a death benefit plan under Section 814.301 (Selection of Death Benefit Plan by Member) dies without having made a selection, or if a selection cannot be made effective, the member’s designated beneficiary may select a plan in the same manner as if the member had made the selection. If there is no designated beneficiary, the personal representative of the decedent’s estate may make the selection for the benefit of the decedent’s heirs or devisees. In lieu of selecting a death benefit plan, the designated beneficiary or, if there is none, the personal representative of the decedent’s estate, may elect to receive a refund of contributions and any applicable payment under Section 814.401 (Member Death Benefits Generally).

(b)

If a person dies who, at the time of death, was a contributing member of a retirement program administered by the board of trustees and was eligible, having met the requirements of service credit and attained age, for a service retirement annuity based on service in one or more board-administered programs or was a contributing member of the employee class, had at least three years of service credit in that class, and would have been eligible to retire under the proportionate retirement program under Chapter 803 (Proportionate Retirement Program), but was not eligible to select a death benefit plan, the person’s surviving spouse may select a plan in the same manner that the decedent could have made the selection if the decedent had retired on the last day of the month in which the person died. If there is no surviving spouse, the guardian of the decedent’s surviving minor children may select a plan. If the decedent is not survived by a spouse or minor children, an annuity may not be paid under this subsection.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981. Renumbered from Vernon’s Ann.Civ.St. Title 110B, Sec. 24.302 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 19, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 586, Sec. 20, eff. Aug. 28, 1995; Acts 1999, 76th Leg., ch. 1541, Sec. 19, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 347 (S.B. 1176), Sec. 16, eff. September 1, 2005.

Source: Section 814.302 — Selection of Death Benefit Plan by Survivor of Member, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­814.­htm#814.­302 (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

§ 814.302’s source at texas​.gov