Texas Vernon’s Civil Statutes
Sec. § 6.09
Qualified Surviving Spouse Special Death Benefit


(a)

A person who is the spouse of a Group A primary party, who is a qualified survivor, and who is entitled to death benefits under Sections 6.06, 6.061, 6.062, 6.063, and 6.07 of this article is also entitled to a special death benefit under this section if:

(1)

the Group A primary party:

(A)

had at least 20 years of pension service, left active service after October 1, 1985, and was at least 55 years of age on the earlier of the date the primary party:

(i)

left active service; or

(ii)

began participation in DROP; or

(B)

had at least 20 years of pension service, left active service on or after May 31, 2000, and on the earlier of the date the primary party left active service or began participation in DROP, had a total of at least 78 credits, with each year of pension service, prorated for fractional years, equal to one credit and with each year of age, prorated for fractional years, equal to one credit; or

(2)

the spouse has attained 55 years of age and there are no children who are qualified survivors eligible for death benefits.

(b)

Until the requirements of Subsection (a) of this section are satisfied, a qualified survivor who is the spouse of a Group A primary party shall receive a Group A death benefit in accordance with Section 6.07 of this article.

(c)

The special Group A death benefit under Subsection (a) of this section is calculated based on the following formula:
A = base pay at the time the Group A primary party began participation in DROP, begins service retirement, dies, or becomes disabled, plus longevity pay, plus one-twelfth of last-received city service incentive pay;
B = Group A primary partys benefit calculated at the time the Group A primary party began participation in DROP, begins service retirement, dies, or becomes disabled;
P = B/A (expressed as a percentage or a decimal);
C = the number of adjustments made to a Group A primary partys retirement pension, disability pension, or periodic disability compensation, multiplied by the amount of the adjustments; and
D = the number of adjustments made under this article to the Group A death benefit of a spouse who is a qualified survivor under Section 6.07 of this article, multiplied by the amount of the adjustments.

(d)

A person who is the spouse of a Group B primary party, who is a qualified survivor, and who is entitled to any death benefits under Sections 6.06, 6.061, 6.062, 6.063, and 6.08 of this article is also entitled to a special benefit under this section if:

(1)

the Group B primary party:

(A)

had at least 20 years of pension service, left active service after October 1, 1985, and was at least 55 years of age at the earlier of the date the primary party left active service or began participation in DROP; or

(B)

on or after May 31, 2000, left active service or began participation in DROP, whichever was earlier, having a total of at least 78 credits, with each year of pension service, prorated for fractional years, equal to one credit and with each year of age, determined at the time the Group B primary party left active service or began participation in DROP, prorated for fractional years, equal to one credit; or

(2)

the spouse has attained 55 years of age, and there are no children of the primary party who are qualified survivors.

(d-1)

Until the requirements of Subsection (d) of this section are satisfied, a spouse who is a qualified survivor may only receive a Group B death benefit in accordance with Sections 6.06, 6.061, 6.062, 6.063, and 6.08 of this article.

(e)

The special Group B death benefit under Subsection (d) of this section is calculated based on the following formula:
A = average monthly computation pay at the time the Group B primary party begins service retirement, dies, becomes disabled, or begins participation in DROP;
B = the Group B primary partys benefit calculated at the time the Group B primary party begins participation in DROP, begins to receive service retirement, dies, or becomes disabled;
P = B/A (expressed as a percentage or a decimal);
C = the number of post-retirement adjustments made to a Group B primary partys retirement pension, disability pension, or periodic disability compensation multiplied by the amount of the adjustments; and
D = the number of adjustments made to the Group B death benefit of a qualified survivor who is the primary partys spouse under Section 6.08 of this article multiplied by the amount of the adjustments.

(b)

An application for benefits under Subsection (a) of this section must be accompanied by a copy of the deceased members or retirees tax return filed for the last year ending before the members or retirees death or an explanation satisfactory to the board of why the tax return cannot be provided. The board may, on its own initiative, make a thorough investigation, determine the facts as to the dependency with respect to an application for benefits made under Subsection (a) of this section, and at any time, on the request of any beneficiary or any contributor to the fund, reopen any award made to any member or dependent of any member who is receiving annuity payments under this section and discontinue those payments as to all or any of them. The findings of the board under this section and all annuities granted under this section are final on all parties unless set aside or revoked by a court of competent jurisdiction.
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Last accessed
Oct. 15, 2019