Part 5.
TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM
Chapter 101.
PRACTICE AND PROCEDURE REGARDING CLAIMS
34 TAC §§101.1, 101.3 - 101.5, 101.7, 101.8, 101.12 - 101.23, 101.25
The Texas County and District Retirement System adopts amendments
to §§101.1; 101.3 - 101.5; 101.7; 101.8; 101.12 - 101.23; and 101.25
of Chapter 101 concerning Practice and Procedure Regarding Claims without
changes to the proposed text as published in the November 12, 1999, issue
of the
Texas Register
(24 TexReg 9955).
These rules govern the procedure for the institution, conduct, and determination
of all claims arising under the Texas County And District Retirement System
Act (Texas Government Code, Title 8, Subtitle F). The rules as originally
promulgated in 1976, provided for a claim to be heard by the director of the
system, or a hearings examiner appointed by the director. In 1991, the 72nd
Texas Legislature created the State Office of Administrative Hearings (SOAH),
as an independent agency, to conduct hearings in contested cases for state
agencies that did not employ persons whose only duty was to preside over contested
cases before the agency. Since 1991, the system has used the services of the
SOAH to conduct hearings of the system's contested cases and the rules concerning
the practice and procedure regarding the determination of claims now reflect
this current practice. The amendments to §§101.14 - 101.19 and 101.23
set out procedures for the conduct of contested cases before the SOAH, and
the final determination of the matter by the board of trustees. The amendments
to §§101.1; 101.3; and 101.8 incorporate references to the SOAH
hearing procedure. The amendment to §101.25 provides greater specificity
with respect to the system's procedure for the review, suspension, or revocation
of disability benefits. The amendments to §§101.4; 101.5; 101.7;
101.12; 101.13; and 101.20 - 101.22 make minor grammatical and stylistic changes
to improve clarity and eliminate gender bias in the language of the rules.
No comments were received regarding the adoption of these amendments.
The amendments are adopted under the Government Code, §845.102
which provides the board of trustees of the Texas County and District Retirement
System with the authority to adopt rules necessary or desirable for the efficient
administration of the system.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
7, 2000.
TRD-200000098
Terry Horton
Director
Texas County and District Retirement System
Effective date: January 27, 2000
Proposal publication date: November 12, 1999
For further information, please call: (512) 328-8889
34 TAC §103.10
The Texas County and District Retirement System adopts new §103.10
concerning the final allocation of interest to the account of a member whose
membership terminated as a result of absence from service without changes
to the proposed text as published in the November 12, 1999, issue of the
Under the rule, a member whose membership has terminated as a result of
absence from service shall be considered to have made written application
for withdrawal from membership on the date of membership termination. The
rule clarifies that partial year interest is to be allocated to the account
of a member whose membership terminated as a result of absence from service
in the same manner that partial year interest is allocated to the account
of a member whose membership terminated by death or voluntary withdrawal from
membership. The rule defines the date of membership termination and describes
the procedure for computing the amount of partial year interest to be allocated
to the account.
No comments were received regarding the adoption of the rule.
The rule is adopted pursuant to Government Code, §845.102,
which provides the board of trustees of the Texas County and District Retirement
System with the authority to adopt rules necessary or desirable for efficient
administration of the system.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
7, 2000.
TRD-200000099
Terry Horton
Director
Texas County and District Retirement System
Effective date: January 27, 2000
Proposal publication date: November 12, 1999
For further information, please call: (512) 328-8889
34 TAC §103.11
The Texas County and District Retirement System adopts new §103.11
concerning extended supplemental death benefit coverage without changes to
the proposed text as published in the November 12, 1999, issue of the
The rule is necessary to implement and administer the statutory changes
made by Section 40, Senate Bill 1129, 76th Legislature (1999) to the supplemental
death benefit program administered by the system. The changes eliminated the
requirement that the member make application for the extended coverage and
reduced the maximum period of coverage to two years following the last month
for which the member was required to make a contribution. New §103.11
sets out the eligibility requirements for extended coverage; requires that
a claim for payment of a supplemental death benefit based on extended coverage
be filed with the system before the second anniversary of the member's death;
clarifies that the claimant bears the burden of establishing the decedent's
eligibility; and lists examples of documents that may assist the claimant
in meeting this burden.
No comments were received regarding the adoption of the rule.
The rule is adopted pursuant to Government Code, §845.102,
which provides the board of trustees of the Texas County and District Retirement
System with the authority to adopt rules necessary or desirable for efficient
administration of the system.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
7, 2000.
TRD-200000100
Terry Horton
Director
Texas County and District Retirement System
Effective date: January 27, 2000
Proposal publication date: November 12, 1999
For further information, please call: (512) 328-8889
Chapter 103.
CALCULATIONS OR TYPES OF BENEFITS
Chapter 105.
CREDITABLE SERVICE