Tex.
Gov't Code Section 824.702
Cost-of-living Adjustment
(a)
The retirement system shall make a one-time cost-of-living adjustment payable to annuitants receiving a monthly death or retirement benefit annuity, as provided by this section.(b)
Subject to Subsections (c) and (d), to be eligible for the adjustment, a person must be, on the effective date of the adjustment and disregarding any forfeiture of benefits under Section 824.601 (Loss of Monthly Benefits), an annuitant eligible to receive:(1)
a standard service or disability retirement annuity payment;(2)
an optional service or disability retirement annuity payment as either a retiree or beneficiary;(3)
an annuity payment under Section 824.402 (Benefits on Death of Active Member)(a)(3) or (4);(4)
an annuity payment under Section 824.502 (Benefits on Death of Disability Retiree); or(5)
an alternate payee annuity payment under Section 804.005 (Payment in Certain Circumstances in Lieu of Benefits Awarded by Qualified Domestic Relations Order).(c)
If the annuitant:(1)
is a retiree, or is a beneficiary under an optional retirement payment plan, to be eligible for the adjustment under this section:(A)
the annuitant must be living on the effective date of the adjustment; and(B)
the effective date of the retirement of the member of the Teacher Retirement System of Texas must have been on or before August 31, 2004;(2)
is a beneficiary under Section 824.402 (Benefits on Death of Active Member)(a)(3) or (4) or 824.502 (Benefits on Death of Disability Retiree), to be eligible for the adjustment:(A)
the annuitant must be living on the effective date of the adjustment; and(B)
the date of death of the member of the retirement system must have been on or before August 31, 2004; or(3)
is an alternate payee under Section 804.005 (Payment in Certain Circumstances in Lieu of Benefits Awarded by Qualified Domestic Relations Order), the annuitant is eligible for the adjustment only if the effective date of the election to receive the annuity payment was on or before August 31, 2004.(d)
An adjustment made under this section does not apply to payments under:(1)
Section 824.203 (Standard Service Retirement Benefits)(d), relating to retirees who receive a standard service retirement annuity in an amount fixed by statute;(2)
Section 824.304 (Disability Retirement Benefits)(a), relating to disability retirees with less than 10 years of service credit;(3)
Section 824.304 (Disability Retirement Benefits)(b)(2), relating to disability retirees who receive a disability annuity in an amount fixed by statute;(4)
Section 824.404 (Survivor Benefits)(a), relating to active member survivor beneficiaries who receive a survivor annuity in an amount fixed by statute;(5)
Section 824.501 (Survivor Benefits)(a), relating to retiree survivor beneficiaries who receive a survivor annuity in an amount fixed by statute; or(6)
Section 824.804 (Benefits Under Plan)(b), relating to participants in the deferred retirement option plan with regard to payments from their deferred retirement option plan accounts.(e)
An adjustment under this section:(1)
must be made beginning with an annuity payable for the month of September 2013; and(2)
is limited to the lesser of:(A)
an amount equal to three percent of the monthly benefit subject to the increase; or(B)
$100 a month.(f)
The board of trustees shall determine the eligibility for and the amount of any adjustment in monthly annuities in accordance with this section.(b)
Subject to Subsection (c) and except as provided by Subsection (d), to be eligible for the adjustment, a person must be, on the effective date of the adjustment and disregarding any forfeiture of benefits under Section 824.601 (Loss of Monthly Benefits), an annuitant eligible to receive:(1)
a standard service or disability retirement annuity payment;(2)
an optional service or disability retirement annuity payment as either a retiree or beneficiary;(3)
an annuity payment under Section 824.402 (Benefits on Death of Active Member)(a)(3) or (4);(4)
an annuity payment under Section 824.502 (Benefits on Death of Disability Retiree); or(5)
an alternate payee annuity payment under Section 804.005 (Payment in Certain Circumstances in Lieu of Benefits Awarded by Qualified Domestic Relations Order).(c)
If the annuitant:(1)
is a retiree, or is a beneficiary under an optional service or disability retirement payment plan, to be eligible for the adjustment under this section:(A)
the annuitant must be living on the effective date of the adjustment; and(B)
the effective date of the retirement of the member of the retirement system on whose service the annuity is based must have been on or before August 31, 2020;(2)
is a beneficiary under Section 824.402 (Benefits on Death of Active Member)(a)(3) or (4) or 824.502 (Benefits on Death of Disability Retiree), to be eligible for the adjustment:(A)
the annuitant must be living on the effective date of the adjustment; and(B)
the date of death of the member of the retirement system on whose service the annuity is based must have been on or before August 31, 2020; or(3)
is an alternate payee under Section 804.005 (Payment in Certain Circumstances in Lieu of Benefits Awarded by Qualified Domestic Relations Order), to be eligible for the adjustment:(A)
the annuitant must be living on the effective date of the adjustment; and(B)
the effective date of the annuitant’s election to receive the annuity payment was on or before August 31, 2020.(d)
An adjustment made under this section does not apply to payments under:(1)
Section 824.203 (Standard Service Retirement Benefits)(d), relating to retirees who receive a standard service retirement annuity in an amount fixed by statute;(2)
Section 824.304 (Disability Retirement Benefits)(a), relating to disability retirees with less than 10 years of service credit;(3)
Section 824.304 (Disability Retirement Benefits)(b)(2), relating to disability retirees who receive a disability annuity in an amount fixed by statute;(4)
Section 824.404 (Survivor Benefits)(a), relating to active member survivor beneficiaries who receive a survivor annuity in an amount fixed by statute;(5)
Section 824.501 (Survivor Benefits)(a), relating to retiree survivor beneficiaries who receive a survivor annuity in an amount fixed by statute; or(6)
Section 824.804 (Benefits Under Plan)(b), relating to participants in the deferred retirement option plan with regard to payments from their deferred retirement option plan accounts.(e)
An adjustment under this section must be made beginning with an annuity payable for the month of January 2024.(f)
The amount of the adjustment provided under this section is calculated by multiplying the amount of the monthly benefit subject to the adjustment by the following percentage rate, as applicable:(1)
for annuitants described by Subsection (c)(1):(A)
if the retiree’s effective date of retirement was on or before August 31, 2001, six percent;(B)
if the retiree’s effective date of retirement was after August 31, 2001, but on or before August 31, 2013, four percent; and(C)
if the retiree’s effective date of retirement was after August 31, 2013, but on or before August 31, 2020, two percent;(2)
for annuitants described by Subsection (c)(2):(A)
if the member’s date of death was on or before August 31, 2001, six percent;(B)
if the member’s date of death was after August 31, 2001, but on or before August 31, 2013, four percent; and(C)
if the member’s date of death was after August 31, 2013, but on or before August 31, 2020, two percent; and(3)
for annuitants described by Subsection (c)(3):(A)
if the effective date of the annuitant’s election was on or before August 31, 2001, six percent;(B)
if the effective date of the annuitant’s election was after August 31, 2001, but on or before August 31, 2013, four percent; and(C)
if the effective date of the annuitant’s election was after August 31, 2013, but on or before August 31, 2020, two percent.(g)
The board of trustees shall determine the eligibility for and the amount of any adjustment in monthly annuities in accordance with this section.
Source:
Section 824.702 — Cost-of-living Adjustment, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.824.htm#824.702 (accessed Jun. 5, 2024).
