Texas Vernon’s Civil Statutes
Sec. § 6.05
Death of a Member; Treatment of Accumulated Deposits


(a)

In the event of death of a member who is ineligible for retirement, the accumulated deposits standing to the members credit in Fund No. 1 and an equivalent amount from Fund No. 2 shall be payable in a lump sum to the members beneficiary or, if no beneficiary, to the members estate, unless the member shall have directed otherwise in writing duly acknowledged and filed with the board. The lump sum may not be less than $10,000. When the $10,000 minimum is payable, the amount payable from Fund No. 2 is $10,000 minus the accumulated deposits standing to the members credit in Fund No. 1.

(b)

Seven years after a member separates from service with less than 10 years service, if no previous demand has been made, any accumulated deposits standing to the members credit shall be returned to the member or to the members estate, but if the contributor or the members personal representative cannot be found or if the member dies without leaving heirs or legatees, the members accumulated deposits shall thereafter become a part of Fund No. 2.

(c)

In the event of death of a member receiving a retirement benefit, the sum of $10,000 shall be payable in a lump sum to the members beneficiary or, if no beneficiary, to the members estate, unless the member shall have directed otherwise in writing, duly acknowledged and filed with the board. The payment under this subsection shall be made from the retiree death benefits fund described in Section 6.08 of this Act.

(b)

If the surviving spouse, dependent child, or guardian fails or refuses to file an affidavit required under Subsection (a) of this section or if an incomplete, incorrect, or false affidavit is filed, the board may suspend annuity payments to that person indefinitely until the person complies with the requests and orders of the board.
Sec. 6.06. COMMON-LAW MARRIAGES. Common-law marriages are not recognized under this Act and benefits may not be conferred on common-law spouses as beneficiaries unless a declaration of informal marriage was made and recorded under Sections 2.402 and 2.404, Family Code, and their subsequent amendments, or any successor statutes, before the members death.
Sec. 6.07. SURVIVING SPOUSES RIGHT TO SINGLE ENTITLEMENT. A surviving spouse, whether or not a member of the fund, is not entitled to more than one death benefit annuity from the fund. A surviving spouse who has been married to more than one deceased member or retiree is entitled to receive a death benefit annuity with respect to the deceased member or retiree that will provide the highest benefit.
Sec. 6.08. LUMP-SUM DEATH BENEFIT.

(a)

Except as provided by Subsection (b) of this section, a surviving spouse of a retiree whose status as such resulted from any marriage after the date of the retirement of the retiree and who has been married to the retiree for a period of less than the five consecutive years preceding the date of the retirees death, is entitled to a lump-sum death benefit because of the retirees death in the amount of $15,000.

(b)

A surviving spouse is not entitled to a lump-sum death benefit under this section if a child is entitled to receive death benefits under this Act as a result of the retirees death.

(c)

Repealed by Acts 2007, 80th Leg., R.S., Ch. 1416, Sec. 17, eff. October 1, 2007.

(b)

The board may designate its own custodian or master custodian to perform the customary duties involving the safekeeping of the assets and the execution of transactions of either domestic or foreign securities. The board may engage in a securities lending program consistent with the benefits payable to beneficiaries.

(b)

The orders or resolutions of the board authorizing the issuance of bonds may prohibit the further issuance of bonds or other obligations payable from the pledged fees or may reserve the right to issue additional bonds to be secured by a pledge of and payable from the fees on a parity with or subordinate to the pledge in support of the bonds being issued.

(c)

The orders or resolutions of the board issuing bonds may contain other provisions and covenants as the board may determine.

(d)

The board may adopt and have executed any other proceedings or instruments necessary and convenient in the issuance of bonds.
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Last accessed
Nov. 13, 2019