Tex. Gov't Code Section 824.1012
Post-retirement Change in Retirement Payment Plan for Certain Retirement Benefit Options


(a)

As an exception to Section 824.101 (Designation of Beneficiary)(c), a retiree who selected an optional service retirement annuity under Section 824.204 (Optional Service Retirement Benefits)(c)(1), (c)(2), or (c)(5) or an optional disability retirement annuity under Section 824.308 (Optional Disability Retirement Benefits)(c)(1), (c)(2), or (c)(5) and who has received at least one payment under the plan selected may change the optional annuity selection made by the retiree to a standard service or disability retirement annuity as provided for in this section. If the beneficiary of the optional annuity was the spouse of the retiree when the retiree designated the spouse as beneficiary of the optional annuity, to change from the optional annuity to a standard retirement annuity under this subsection, the spouse or former spouse, as applicable, who was designated the beneficiary of the optional annuity must sign a notarized consent to the change or a court with jurisdiction over the marriage of the retiree and beneficiary must approve or order the change. The change in plan selection takes effect when the retirement system receives the request to change the plan, provided the signed consent form or court order, as applicable, is subsequently received by the retirement system.

(a-1)

The executive director or the executive director’s designee has exclusive authority to determine whether the language in a court order described by Subsection (a) is sufficient to indicate that the court has approved or ordered the change in plan selection. A determination by the executive director or the executive director’s designee under this subsection may be appealed only to the board of trustees, except that the board by rule may waive the requirement that an appeal be to the board. An appeal to the board is a contested case under Chapter 2001 (Administrative Procedure). The standard of review of an appeal brought under this subsection is by substantial evidence.

(b)

A change described by Subsection (a) cancels the optional annuity selection made by the retiree, effective with the beginning of payments of the annuity as recomputed under this subsection. The retiree is entitled to receive payments of a standard service or disability retirement annuity, as applicable, reduced for early retirement, if applicable, beginning with the payment for the month after the month in which the retirement system receives the notice of change and ending on the death of the retiree. The change also cancels the designation of beneficiary with respect to the optional annuity benefit but does not cancel a designation with respect to any other benefit payable by the retirement system on the death of the retiree.

(c)

The retirement system by rule may establish requirements for forms, documentation, and procedures necessary for the administration of this section.
Added by Acts 1997, 75th Leg., ch. 401, Sec. 1, eff. May 28, 1997. Amended by Acts 1999, 76th Leg., ch. 1540, Sec. 8, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1229, Sec. 8, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1078 (H.B. 3357), Sec. 2, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1078 (H.B. 3357), Sec. 3, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 930 (S.B. 1663), Sec. 3, eff. September 1, 2017.

Source: Section 824.1012 — Post-retirement Change in Retirement Payment Plan for Certain Retirement Benefit Options, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­824.­htm#824.­1012 (accessed Jun. 5, 2024).

824.001
Types of Benefits
824.002
Effective Date of Retirement
824.003
When Benefits Are Payable
824.004
Waiver of Benefits
824.005
Revocation of Retirement
824.006
Payment of Annuity on Death of Member or Retiree
824.007
Deductions from Service or Disability Retirement Annuity
824.008
Deductions from Amounts Payable by the Retirement System
824.009
Certain Employees and Annuitants Ineligible for Retirement Annuity
824.0071
Deductions from Service or Disability Retirement Annuity for Certain University Insurance Program Contributions
824.101
Designation of Beneficiary
824.102
Trust as Beneficiary
824.103
Absence of Beneficiary
824.104
Failure of Beneficiary to Claim Benefits
824.105
Beneficiary Causing Death of Member or Annuitant
824.106
Simultaneous Death of Member and Beneficiary
824.201
Application for Service Retirement Benefits
824.202
Eligibility for Service Retirement
824.203
Standard Service Retirement Benefits
824.204
Optional Service Retirement Benefits
824.205
Deductions from Service Retirement Annuity
824.206
Change of Service Retirement Annuity Payment Plan
824.301
Application for Disability Retirement Benefits
824.302
Eligibility for Disability Retirement
824.303
Certification of Disability
824.304
Disability Retirement Benefits
824.305
Medical Examination of Disability Retiree
824.307
Restoration of Disability Retiree to Membership
824.308
Optional Disability Retirement Benefits
824.309
Change of Disability Retirement Payment Plan
824.310
Purpose of Disability Benefit
824.401
Availability of Annuity
824.402
Benefits on Death of Active Member
824.403
Benefits on Death of Inactive Member
824.404
Survivor Benefits
824.405
Tables for Determination of Death Benefit Annuity
824.406
Benefits for Survivors of Certain Members
824.407
Guaranteed Return of Amount Equal to Contributions
824.501
Survivor Benefits
824.502
Benefits on Death of Disability Retiree
824.503
Return of Excess Contributions
824.504
Benefits for Survivors of Certain Retirees
824.505
Other Amounts Payable on Death of Retiree
824.601
Loss of Monthly Benefits
824.602
Exceptions
824.603
Exclusion from Credit
824.604
Rules
824.701
Application of Annuity Increases to Certain Annuities
824.702
Cost-of-living Adjustment
824.801
Definition
824.802
Participation in Plan
824.803
Computation of Participant’s Service and Annuity
824.804
Benefits Under Plan
824.805
Termination of Participation in Plan
824.806
Benefits for Service After Plan Participation
824.807
Interest
824.1011
Designation of Beneficiary After Retirement
824.1012
Post-retirement Change in Retirement Payment Plan for Certain Retirement Benefit Options
824.1013
Change of Beneficiary After Retirement
824.2031
Benefit Improvements
824.2045
Partial Lump-sum Option
824.4041
Benefits for Certain Surviving Spouses
824.6022
Required Reports
824.8011
Deadline to Elect to Participate

Accessed:
Jun. 5, 2024

§ 824.1012’s source at texas​.gov