Tex. Gov't Code Section 814.505
Return of Excess Contributions in Other Circumstances


(a)

Except as provided by Subsection (c), when a person who receives a service or disability retirement annuity dies, a lump-sum death benefit is payable from the retirement annuity reserve account in the amount, if any, by which the balance in the retiree’s individual account in the employees saving account at the time of service retirement exceeds the total of annuity payments payable before the retiree’s death.

(b)

The benefit provided by Subsection (a) is payable to a person designated by the retiree at the time of retirement in a signed and witnessed document filed with the retirement system. If a retiree does not designate a beneficiary or if the beneficiary does not survive the retiree, the benefit is payable to the retiree’s estate.

(c)

A death benefit may not be paid under Subsections (a) and (b) if the retiree selected an optional service retirement annuity under Section 814.108 (Optional Service Retirement Benefits).

(d)

If the person designated as the beneficiary of an optional service retirement annuity, other than one selected under Section 814.108 (Optional Service Retirement Benefits)(c)(3) or 814.108 (Optional Service Retirement Benefits)(c)(4), predeceases the retiree, a lump-sum death benefit is payable from the retirement annuity reserve account in the amount, if any, by which the balance in the retiree’s individual account in the employees saving account at the time of service retirement exceeds the sum of annuity payments payable to the retiree before death.

(e)

The benefit provided by Subsection (d) is payable to the deceased retiree’s estate.

(f)

If a beneficiary dies while receiving an optional service retirement annuity, other than one selected under Section 814.108 (Optional Service Retirement Benefits)(c)(3) or 814.108 (Optional Service Retirement Benefits)(c)(4), a lump-sum death benefit is payable from the retirement annuity reserve account in the amount, if any, by which the balance in the retiree’s individual account in the employees saving account at the time of service retirement exceeds the sum of annuity payments payable to the retiree and the beneficiary before the beneficiary’s death.

(g)

If a beneficiary dies while receiving an optional service retirement annuity selected under Section 814.302 (Selection of Death Benefit Plan by Survivor of Member) as described in Section 814.108 (Optional Service Retirement Benefits)(c)(1) or Section 814.304 (Annuity for Survivor of Elected Member)(a), a lump-sum death benefit is payable from the retirement annuity reserve account in the amount, if any, by which the balance in the member’s individual account in the employees saving account at the time of death exceeds the sum of annuity payments payable to the beneficiary before the beneficiary’s death.

(h)

The benefits provided by Subsections (f) and (g) are payable to the deceased beneficiary’s estate.

(i)

A beneficiary designation that names a former spouse as beneficiary is invalid unless the designation is made after the date of the divorce.
Added by Acts 1989, 71st Leg., ch. 81, Sec. 1, eff. Sept. 1, 1989. Renumbered from Title 110B, Sec. 24.505 and amended by Acts 1989, 71st Leg., ch. 1100, Sec. 4.04(a)(1) to (4), eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 23, eff. Sept. 1, 1991; Acts 2001, 77th Leg., ch. 1231, Sec. 18, eff. Sept. 1, 2001.

Source: Section 814.505 — Return of Excess Contributions in Other Circumstances, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­814.­htm#814.­505 (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

§ 814.505’s source at texas​.gov