Texas Vernon’s Civil Statutes
Sec. § 7.01
Surviving Spouse of Firefighter


If a firefighter dies before retirement, the firefighters surviving spouse is entitled to receive an immediate monthly benefit from the fund of 75 percent of the service retirement benefit that the firefighter would have received if the firefighter had retired on the date of death, but not less than 75 percent of the monthly payment the decedent would have received based on 20 years of service credit.

(1)

if that member applies in writing to the board for extended eligibility on a date not earlier than the 30th day before and not later than the 30th day after the date of becoming an Active-Noncontributory member, setting forth the reason why the member should be granted the extended eligibility;

(2)

if the board, in its sole discretion, approves the application for extended eligibility; and

(3)

on the terms the board determines to be appropriate.

(b)

(1) If a member with less than 10 years of creditable service has become mentally or physically incapacitated for the performance of the employment duties the member had immediately before incapacitation as a direct result of injuries sustained subsequent to the members effective date of membership in the police retirement system, the member may apply for disability retirement. Such application made for or on behalf of the injured member shall show that the injury sustained was as a direct or proximate result of the performance of the members employment duties with the city or with the system and that it is likely to result in the members inability to perform the duties of a position offered to the member in the system, the police department, or any other department in the city that pays as much or more than the current pay of the position the member was holding on the date of the members disability.

(2)

On recommendation of physicians or vocational rehabilitation experts appointed or selected by the board that the members incapacity is likely to result in the members inability to perform the duties of a position offered to the member in the system, the police department, or any other department in the city that pays as much or more than the current pay of the position the member was holding at the date of the members disability and after considering any additional evidence which the board deems relevant, the board may award such member disability retirement benefits. The decision of the board is final.

(c)

If a member with more than 10 years of creditable service has become mentally or physically incapacitated for the performance of the employment duties the member had immediately before incapacitation, the member may apply for disability retirement. Such application made for or on behalf of the disabled member shall show that the incapacity is likely to result in the members inability to perform the duties of a position offered to such member in the system, the police department, or any other department in the city that pays as much or more than the current pay of the position the member was holding on the date of the members disability. On recommendation of physicians or vocational rehabilitation experts appointed or selected by the board that the members incapacity is likely to result in the members inability to perform the duties of a position offered to the member in the system, the police department, or any other department in the city that pays as much or more than the current pay of the position the member was holding on the date of the members disability and after considering any additional evidence which the board deems relevant, the board may award such member disability retirement benefits. The decision of the board is final.

(1)

1.35 percent of the members average monthly compensation multiplied by the number of years of service, not to exceed 15 years; plus

(2)

1.65 percent of the members average monthly compensation multiplied by the number of years of service in excess of 15 years, not to exceed an additional 15 years, for a total of 30 years.

(1)

buy, sell, or exchange any property to or from the fund;

(2)

deal with the assets of the fund in the persons own interest or for the persons own account; or

(3)

receive any consideration from any person dealing with the fund.

(b)

To implement Subsection (a) of this section and to strengthen the faith and confidence of the members and beneficiaries of the fund, the board shall develop standards of conduct and financial disclosure requirements to be observed by each trustee and by the executive director in the performance of the boards and executive directors official duties.
Secs. 8.01, 8.02. Repealed by Acts 1999, 76th Leg., ch. 52, Sec. 24(a), eff. Oct. 1, 1999.
Acts 1997, 75th Leg., ch. 1332, eff. Oct. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 52, Sec. 1 to 24, eff. Oct. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 1, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 2, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 3, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 4, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 5, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 6, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 7, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 8, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 9, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 10, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 11, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 12, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 13, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 14, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 15, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 16, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 17, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 18, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 19, eff. October 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 197, eff. September 1, 2011.
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Last accessed
Oct. 17, 2019