Texas Vernon’s Civil Statutes
Sec. § 9.01
Time for Payment to Retired Members


Benefits to a person who retires under this Act are payable on the first day of each month beginning with the month following the month in which the person retires.

(1)

for the exclusive purposes of:

(A)

providing benefits to members and their beneficiaries; and

(B)

defraying reasonable expenses of administering the system;

(2)

with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims;

(3)

by diversifying the investments of the system to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so; and

(4)

in accordance with the laws, documents, and instruments governing the system.

(b)

No member of the board, except as herein provided, shall have any interest in, directly or indirectly, or receive any pay or emolument for the members services. No member of the board shall, directly or indirectly, for himself or as an agent in any manner use the funds or deposits of the police retirement system except to make the current and necessary payments authorized by the board; nor shall any member of the board become an endorser or surety or in any manner an obligor for money loaned by or borrowed from the board.

(c)

None of the funds or money mentioned in this Act shall be assignable. None of the funds or money mentioned in this Act shall be subject to execution, levy, attachment, garnishment, or other legal process.

(d)

The right of a member to a retirement benefit, the return of accumulated deposits, the payment of a RETRO DROP lump sum, or any other right accrued or accruing to any person under the provisions of this Act, and the money in the trust created by this Act shall be unassignable except as specifically provided in this Act and shall not be subject to execution, levy, attachment, garnishment, the operation of bankruptcy or insolvency law, or any other process of law whatsoever.

(e)

Service retirement benefits, disability retirement benefits, survivor benefits, death benefits, and withdrawal benefits may be paid to a former spouse or other alternate payee under the terms of a domestic relations order, but only if the board determines that the order constitutes a qualified domestic relations order within the meaning of Chapter 804, Government Code. Benefit payments may be made to alternate payees only when and to the extent permitted by the qualified domestic relations order. The amount of any benefit payment under this Act made to an alternate payee under a qualified domestic relations order shall reduce and offset the amount otherwise payable to the member or other beneficiary under this Act. On the death of an alternate payee under a qualified domestic relations order, the interest of the alternate payee in the benefits under this Act ends, and remaining benefits shall be paid as if the qualified domestic relations order had not existed.

(b)

Payment of a disability pension begins following a 12-month waiting period following the members termination of service based on disability, except that if disability is presumed to be permanent before the completion of the 12-month period, disability payments begin following the certification of the disability.

(c)

Payment of a disability pension may not begin until the disability is certified to be continuous for a period of 90 days.

(d)

Payment of a disability pension ends on the members death or the end of the members disability. If the disability ends on or after the members 65th birthday, the members disability pension shall be continued in the same manner as if the disability had continued.
Source
Last accessed
Oct. 22, 2019