Tex. Gov't Code Section 824.308
Optional Disability Retirement Benefits


(a)

Instead of an annuity payable under Section 824.304 (Disability Retirement Benefits)(b), a member retiring under that section may elect to receive an optional disability retirement annuity under this section. An election to receive an optional disability retirement annuity must be filed with the board of trustees not later than the later of the effective date of retirement or the date the member applies for retirement.

(b)

An optional disability retirement annuity is an annuity payable throughout the disability of the disability retiree and is actuarially reduced from the annuity otherwise payable under Section 824.304 (Disability Retirement Benefits)(b), after any reduction under rules adopted under Section 824.310 (Purpose of Disability Benefit; Limit on Supplemental Income), to its actuarial equivalent under the option selected under Subsection (c).

(c)

An eligible member may select one of the following options:

(1)

after the disability retiree’s death, the reduced annuity is payable throughout the life of a person nominated by the retiree’s written designation under Section 824.101 (Designation of Beneficiary) filed before retirement;

(2)

after the disability retiree’s death, one-half of the reduced annuity is payable throughout the life of the retiree’s designated beneficiary;

(3)

if the disability retiree dies before 60 monthly annuity payments have been made, the remainder of the 60 payments are payable to the designated beneficiary;

(4)

if the disability retiree dies before 120 monthly annuity payments have been made, the remainder of the 120 payments are payable to the designated beneficiary; or

(5)

after the disability retiree’s death, three-fourths of the reduced annuity is payable throughout the life of the retiree’s designated beneficiary.

(d)

If the person nominated by the disability retiree’s written designation under Section 824.101 (Designation of Beneficiary) filed before or at the time of retirement predeceases the disability retiree, the reduced annuity of a disability retiree who has elected an optional retirement annuity under Subsection (c)(1), (c)(2), or (c)(5) is increased to the standard retirement annuity that the disability retiree would otherwise be entitled to receive if the disability retiree had not selected an annuity option. The standard retirement annuity shall be adjusted as appropriate for postretirement increases in retirement benefits authorized by law after the date of retirement.

(e)

The increase in the annuity under Subsection (d) begins with the first monthly payment made to the disability retiree after the date of death of the designated beneficiary and is payable to the disability retiree for the remainder of the disability retiree’s disability.

(f)

The board of trustees shall adopt separate tables to be used to reduce an optional disability retirement annuity under this section to the actuarial equivalent of the standard retirement annuity.

(g)

The continued payment to a disability retiree and the future payment to the retiree’s designated beneficiary of any disability benefit, including an optional payment elected under Subsection (c), are conditioned on the continuation of the retiree’s disabled status until the date of the retiree’s death.

(h)

The same requirements and limitations that apply to the designation or changing of beneficiaries for service retirement annuity options, including Section 824.101 (Designation of Beneficiary), apply to the designation of beneficiaries for disability retirement options.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 13, Sec. 9, eff. Sept. 1, 1992. Amended by Acts 1993, 73rd Leg., ch. 812, Sec. 9, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 555, Sec. 25, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1230 (H.B. 2427), Sec. 3, eff. September 1, 2007.

Source: Section 824.308 — Optional Disability Retirement Benefits, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­824.­htm#824.­308 (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

§ 824.308’s source at texas​.gov