Texas Vernon’s Civil Statutes
Sec. § 6.061
Prospective Reinstatement of Certain Death Benefits


(a)

Subject to Subsection (c) of this section, the surviving spouse of a primary party who was a member of the old plan, Plan A, or Plan B whose death benefits, also referred to as "survivor benefits" or "widow benefits," terminated because of a remarriage of the surviving spouse that occurred before April 21, 1988, is entitled to receive death benefits, on a prospective basis only, as of the first day of the month following the month in which the executive director receives the application.

(b)

The board shall make reasonable efforts to notify all known living surviving spouses who may be entitled to a reinstatement of benefits under this section.

(c)

A surviving spouses properly completed, board-approved application for reinstatement of death benefits under this section must be received by the executive director not later than the 180th day after the date the board completes, as determined by the board, the reasonable efforts required by Subsection (b) of this section.

(d)

A surviving spouses application for reinstatement of death benefits under this section constitutes the spouses waiver of any claims against the pension system, the board, the executive director, or any other employee of the board or the pension system arising out of any claim for death benefits.

(e)

This section may not be applied retroactively. A surviving spouse may not receive death benefits attributable to periods before the executive directors receipt of a properly completed and board-approved application, and any benefit provided to a surviving spouse described in this section must be calculated as if the benefits had not terminated on the surviving spouses remarriage notwithstanding the fact the reinstatement of benefits is not retroactive.
Sec. 6.062. LUMP-SUM PAYMENT ON DEATH OF CERTAIN MEMBERS. (a) If an unmarried member dies while on active service and before beginning participation in DROP, the last person to receive benefits as the members qualified survivor or, if the member does not have a qualified survivor living, the members designee, shall be paid a lump-sum payment determined in accordance with this section if, at the time of the members death, the member:

(1)

had no qualified survivors; or

(2)

only had qualified survivors who are children who become ineligible to receive death benefits before the benefits were paid for at least 120 consecutive months.

(b)

The amount of the lump-sum payment under this section is the greater of:

(1)

the payment that could have been provided under Section 6.06(m) of this article; or

(2)

an amount equal to the actuarial equivalent of the remainder of the monthly benefits that would have been paid for the period from the last monthly benefit payment to the end of the 120 months, starting with the date of the first monthly benefit payment, if any.

(c)

If no death benefit payments have been made with respect to the member, the amount of a monthly death benefit payment shall be considered to be the monthly death benefit that would have been paid if the member had died leaving only one dependent parent who was a qualified survivor.

(d)

If a qualified survivor or designee is entitled to payment under both this section and Section 6.06(m) of this article, payments shall be made only under this section.

(e)

The payment required under this section shall be made as soon as practicable after the later of the date:

(1)

of the death of the member; or

(2)

the last qualified survivor becomes ineligible to receive monthly death benefit payments.
Source
Last accessed
Oct. 19, 2019