Part 4.
EMPLOYEES RETIREMENT SYSTEM OF TEXAS
Chapter 67.
HEARINGS ON DISPUTED CLAIMS
34 TAC §67.57
The Employees Retirement System of Texas (ERS) proposes amendments
to 34 Tex. Admin. Code §67.57 concerning reporters and transcripts. This
section is amended to clarify the means by which the official record shall
be made and to provide that any motion that results in additional costs associated
with official reporting of the hearing will be paid by the person or agency
making the motion.
Paula A. Jones, General Counsel, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Ms. Jones also determined that for each year of the first five years the
rule is in effect the public benefit anticipated as a result of enforcing
the rule will be lower costs associated with administrative hearings and greater
efficiency. There will be no affect on small businesses. There are no known
anticipated economic costs to persons who are required to comply with the
rule as proposed.
Comments on the proposed rule amendments may be submitted to Paula A. Jones,
General Counsel, Employees Retirement System of Texas, P. O. Box 13207, Austin,
Texas 78711-3207, or email Ms. Jones at pjones@ers.state.tx.us
The amendments are proposed under Tex. Gov't Code Ann. §815.102,
which provides that the Board of Trustees may adopt rules for the transaction
of any business of the Board.
No other statutes are affected by these proposed amendments.
§67.57.Reporters and Transcripts.
(a)
An official record shall be made in
[
(b)
To the extent that any motion by any party
or any order arising from any motion results in additional costs associated
with official reporting of the hearing, the person or agency making the motion
shall be responsible for the payment of those additional costs. Such costs
may include but are not limited to appearance fees incurred as the result
of continuance, cancellation, or postponement of the hearing. Payment of any
outstanding additional costs associated with official reporting of the hearing
is a prerequisite to the making of a stenographic record of the hearing.
(c)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on January 3, 2002.
TRD-200200022
Sheila W. Beckett
Executive Director
Employees Retirement System of Texas
Earliest possible date of adoption: February 17, 2002
For further information, please call: (512) 867-7125
34 TAC §73.11
The Employees Retirement System of Texas (ERS) proposes amendments
to 34 Tex. Admin. Code §73.11 concerning the supplemental retirement
program. This section is amended to revise the requirements that must be met
in order for military service credit to be creditable in the supplemental
program.
Paula A. Jones, General Counsel, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Ms. Jones also determined that for each year of the first five years the
rule is in effect the public benefit anticipated as a result of enforcing
the rule will be increased benefit to the member by allowing more time in
which to enter military service after leaving covered employment, and more
time to resume covered employment after leaving military service. There will
be no affect on small businesses. There are no known anticipated economic
costs to persons who are required to comply with the rule as proposed.
Comments on the proposed rule amendments may be submitted to Paula A. Jones,
General Counsel, Employees Retirement System of Texas, P. O. Box 13207, Austin,
Texas 78711-3207, or email Ms. Jones at pjones@ers.state.tx.us
The amendments are proposed under Tex. Gov't Code §815.102,
which provides that the Board of Trustees may adopt rules for the transaction
of any business of the Board.
No other statutes are affected by these proposed amendments.
§73.11.Supplemental Retirement Program.
(a) - (d)
(No change)
(e)
Military service credit shall be creditable in the supplemental
program only if, within
90
[
(f) - (h)
(No change)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on January 3, 2002.
TRD-200200023
Sheila W. Beckett
Executive Director
Employees Retirement System of Texas
Earliest possible date of adoption: February 17, 2002
For further information, please call: (512) 867-7125
34 TAC §75.1
The Employees Retirement System of Texas (ERS) proposes amendments
to 34 Tex. Admin. Code §75.1 concerning filing of claims. This section
is amended to reflect changes made pursuant to House Bill 877 and House Bill
2446, 77th Legislative Session, codified in Texas Gov't Code Ann., Chapter
615.
Paula A. Jones, General Counsel, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Ms. Jones also determined that for each year of the first five years the
rule is in effect the public benefit anticipated as a result of enforcing
the rule will be expanded classes of survivors eligible for benefits under
Texas Gov't Code Ann., Chapter 615. There will be no affect on small businesses.
There are no known anticipated economic costs to persons who are required
to comply with the rule as proposed.
Comments on the proposed rule amendments may be submitted to Paula A. Jones,
General Counsel, Employees Retirement System of Texas, P. O. Box 13207, Austin,
Texas 78711-3207, or email Ms. Jones at pjones@ers.state.tx.us
The amendments are proposed Tex. Gov't Code §615.121, which
provides that the board may adopt rules to administer this section of the
Tex. Gov't Code, and under Tex. Gov't Code Ann. §815.102, which provides
that the Board of Trustees may adopt rules for the transaction of any business
of the Board.
No other statutes are affected by these proposed amendments.
§75.1.Filing of Claims.
(a)
Claims for benefits under Texas Government Code, Chapter
615, may be initiated by the deceased employee's department, any applicant
for benefits, if an adult, or by the representative of any minor children
for whom benefits are being claimed.
(b)
No claim for benefits on behalf of a child born after the
death of the law enforcement officer or fire fighter will be paid, unless
it is accompanied by a certificate of the attending physician that the child
was conceived during the decedent's lifetime.
(c)
The following documents or copies of the documents shall
be submitted in an application for benefits under Texas Government Code, Chapter
615, unless the executive director waives their submission:
(1)
a sworn statement from the person making the claim giving
the date of death, the name and address of the surviving spouse, if there
is one, and the names, addresses, and birth dates of all surviving [
(2)
a certified copy of the death certificate;
(3)
a certified copy of the autopsy report, if any;
(4)
a copy of the marriage certificate showing marriage between
the surviving spouse and the deceased;
(5)
a certified copy of the birth certificate of each
surviving child of the deceased
[
(6)
affidavits from any witnesses detailing the facts of the
fatality;
(7)
certified copies of any investigative reports;
(8)
a sworn statement from the employer or authorized representative
of the department that, at the time of the fatal injury, the deceased held
a position covered by the terms of Texas Government Code, Chapter 615, and
that the death was the result of risk or hazard inherent to that position;
(9)
a copy of the decedent's birth certificate, if benefits
are being claimed for [
(10)
a certification from the appropriate authority as follows:
(A)
if the decedent was a paid law enforcement officer, as
defined in Texas Government Code, §615.003(1), a certification from the
Texas Commission on Law Enforcement Officer Standards and Education that the
decedent was a commissioned peace officer certified by that commission;
(B)
if the decedent was a paid fireman, as defined in Texas
Government Code, §615.003(10) or §615.003(11), a certification from
the Commission on Fire Protection Personnel Standards and Education that the
decedent was certified by that commission, or a certification from the head
of the state agency or political or legal subdivision of the state for whom
the decedent worked that aircraft crash and rescue fire fighting were the
decedent's principal duties at the time of his or her death;
(C)
if the decedent was a member of an organized volunteer
fire department, as defined in Texas Government Code, §615.003(12), a
certification from the head of the organized volunteer fire department that
the organized volunteer fire department of which the decedent was a member
consists of not less than 20 active members; conducts a minimum of two drills
each month, with each drill being at least two hours long and attended by
a majority of all active members; and renders fire fighting services without
remuneration;
(D)
if the decedent was a paid probation officer, as defined
in Texas Government Code, §615.003(2), a certification from the district
judge or district judges who appointed the decedent or for whom the decedent
worked that the decedent had the qualifications and duties set out in the
Texas Code of Criminal Procedure, Article 42.12, §10, 1965, as amended;
(E)
if the decedent was a paid parole officer, as defined in
Texas Government Code, §615.003(3), a certification from the executive
director of the Board of Pardons and Paroles that the decedent was an officer
of the division of parole supervision and had the qualifications and duties
set out in the Texas Code of Criminal Procedure, Article 42.12, §§26-29,
1965, as amended;
(F)
if the applicant alleges that the decedent was within the
protected class defined as supervisory personnel in a county jail in Texas
Government Code, §615.003(7), a certification by the sheriff that the
decedent was appointed as jailer or guard of a county jail and performed a
security, custody, or supervisory function over the admittance, confinement,
or discharge of prisoners, and a certification from the Texas Commission on
Law Enforcement Officer Standards and Education that the decedent was certified
by that commission;
(G)
if the applicant alleges that the decedent
was within the protected class defined as performing emergency medical service
or operation of an ambulance in Texas Government Code, §615.003(13),
and provided these services as at least an "emergency medical volunteer" as
defined by the Texas Department of Health, and was certified as at least an
"emergency care attendant" by the Texas Department of Health;
(11)
a newspaper account, if any, of the fatality;
and
(12)
a copy of the income tax return filed by the decedent
in the year prior to death, if benefits are being claimed for
surviving
children
[
(d)
The executive director may require any additional information
or affidavits as are necessary to establish the validity of the claim.
(e)
Payment on behalf of a minor child will be made only to
a surviving natural parent with custody of the child, to a surviving adoptive
parent with custody of the child, or to a court-appointed guardian of the
child's estate.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on January 3, 2002.
TRD-200200024
Sheila W. Beckett
Executive Director
Employees Retirement System of Texas
Earliest possible date of adoption: February 17, 2002
For further information, please call: (512) 867-7125
34 TAC §75.2
The Employees Retirement System of Texas (ERS) proposes amendments
to 34 Tex. Admin. Code §75.2 concerning additional benefit claims. This
section is amended to reflect changes made pursuant to House Bill 877, 77th
Legislative Session, codified in Texas Gov't Code Ann., Chapter 615.
Paula A. Jones, General Counsel, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Ms. Jones also determined that for each year of the first five years the
rule is in effect the public benefit anticipated as a result of enforcing
the rule will be additional financial support for surviving spouses of certain
deceased law enforcement and custodial officers. There will be no affect on
small businesses. There are no known anticipated economic costs to persons
who are required to comply with the rule as proposed.
Comments on the proposed rule amendments may be submitted to Paula A. Jones,
General Counsel, Employees Retirement System of Texas, P. O. Box 13207, Austin,
Texas 78711-3207, or email Ms. Jones at pjones@ers.state.tx.us
The amendments are proposed Tex. Gov't Code §615.121, which
provides that the board may adopt rules to administer this section of the
Tex. Gov't Code, and under Tex. Gov't Code Ann. §815.102, which provides
that the Board of Trustees may adopt rules for the transaction of any business
of the Board.
No other statutes are affected by these proposed amendments.
§75.2.Additional Benefit Claims.
(a)
In addition to the documents required under §75.1
of this chapter, the following documents shall be submitted in an application
for benefits under Texas Government Code, Chapter 615, Subchapter F, unless
the executive director waives their submission:
(1)
a sworn statement from the person making the claim that:
(A)
the decedent, on the date of death, was not receiving and
was not eligible to receive an annuity under an employee retirement plan;
(B)
the surviving spouse, if any, of the decedent has not remarried;
(C)
the surviving spouse, if any, of the decedent is not retired
and is not eligible to retire under an employee retirement plan; and
(D)
the surviving spouse, if any, of the decedent is not receiving
and is not eligible to receive social security benefits; and
(2)
an itemized statement of funeral expenses incurred, if
the application includes a claim for payment of funeral expenses.
(b)
Except as provided in Subsection (c) of
this section, an annuity payable to a surviving spouse who is eligible for
benefits under Texas Government Code, Chapter 615, Subchapter F, shall be
computed as provided by Texas Government Code §814.105 as if the decedent,
on the date of death:
(1)
was employed by the Texas Department of Public Safety at
the lowest salary provided by the General Appropriations Act for a peace officer
position, if the decedent held a peace officer position on the date of death,
or by the Texas Department of Criminal Justice at the lowest salary provided
by the General Appropriations Act for a custodial personnel position, if the
decedent held a custodial personnel position on the date of death;
(2)
had accrued 10 years of service credit in the applicable
position; and
(3)
was eligible to retire without regard to any age requirement.
(c)
In lieu of the amount computed under Subsection
(b), an annuity shall be paid in the amount the decedent would have been eligible
to receive under the decedent's employee retirement plan if the decedent had
been eligible to retire at the age and with the service attained on the last
day of the month of the decedent's death if:
(1)
the person making the claim requests payment of the amount
computed under this subsection before any payment computed under Subsection
(b) is made;
(2)
an authorized representative of the employee retirement
plan in which the decedent was a participant certifies the amount computed
under this subsection; and
(3)
the amount computed under this subsection is greater than
the amount computed under Subsection (b).
(d)
The reduction factors applied to a death
benefit plan administered by the system shall be applied in the same manner
to an annuity computed under either Subsection (b) or Subsection (c) of this
section.
(e)
As a condition of receipt of an annuity
under Texas Government, Chapter 615, Subchapter F, an eligible surviving spouse
shall agree to annually certify the spouse's eligibility under Subparagraphs
(1)(B), (1)(C), and (1)(D) of Subsection (a) of this section and to notify
the system of any change in circumstances affecting the spouse's continued
eligibility. Failure to comply with this requirement or to provide the agreed
certification is a basis for suspension of annuity payments until such time
as compliance occurs.
(f)
[
(g)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on January 3, 2002.
TRD-200200025
Sheila W. Beckett
Executive Director
Employees Retirement System of Texas
Earliest possible date of adoption: February 17, 2002
For further information, please call: (512) 867-7125
Chapter 301.
RULES OF THE TEXAS STATEWIDE EMERGENCY SERVICES RETIREMENT FUND
In
] all proceedings,
either by stenographic means or by electronic
sound or video recording. In proceedings where arrangements are made for stenographic
recording,
an official reporter shall make and, when requested by any
party in writing, transcribe a stenographic record of the hearing. The reporter
shall provide as many copies of the transcript as may be requested. The person
or agency requesting such transcription shall be responsible for all costs
associated with the transcription.
(b)
] Errors claimed to be in a
transcription of a contested hearing shall be noted in writing and suggested
corrections may be offered within ten (10) days after the transcript is filed
with the examiner, unless the examiner shall permit suggested corrections
to be offered thereafter. Suggested corrections shall be served in writing
upon each party of record and the examiner. If not objected to within twelve
(12) days after being offered, the examiner will direct that such suggested
corrections be made and the manner of making them. In the event that parties
disagree on suggested corrections, the examiner, with the aid of argument
and testimony from the parties, shall then determine the manner in which the
record shall be changed, if at all.
Chapter 73.
BENEFITS
60
] days of termination
of covered employment, the member went into the military without intervening
employment and the member resumed covered employment within
90
[
60
] days of termination of military service.
Chapter 75.
HAZARDOUS PROFESSION DEATH BENEFITS
minor
] children of the decedent. If the decedent left no surviving spouse
or [
minor
] children, the names and addresses of
surviving
parents of the decedent
[
dependent parents, and the names, addresses,
and dates of birth of any dependent minor brothers and sisters
] shall
be provided. The names and addresses of any persons caring for minors who
may be eligible for benefits shall be given;
certified copies of birth certificate
if minor children involved
];
dependent
] parents;
dependent parents, brothers, or sisters
].
(b)
] The amount reimbursed for funeral
expenses under Texas Government Code, Chapter 615, Subchapter F, shall not
exceed the lesser of $6,000 or the amount of funeral expenses actually incurred.
(c)
] The executive director may
require additional information or affidavits as necessary to establish the
validity of any claim under this section.
Part 11.
OFFICE OF THE FIRE FIGHTERS' PENSION COMMISSION