1. (a) Benefits payable on the death of a member or annuitant, except an optional retirement annuity under Section 824.204(c)(1), (c)(2), or (c)(5), are payable, and rights to elect survivor benefits, if applicable, are available, to one of the classes of persons described in Subsection (b), if:

   1. (1) the member or annuitant fails to designate a beneficiary before death;
   2. (2) a designated beneficiary does not survive the member or annuitant;
   3. (3) a designated beneficiary, under Section 824.004, waives claims to benefits payable on the death of the member or annuitant;
   4. (4) a beneficiary designation is revoked under Section 824.101(g); or
   5. (5) a person is not eligible to receive a benefit under Section 824.105.

2. (b) The following classes of persons, in descending order of precedence, are eligible to receive benefits in a situation described in Subsection (a):

   1. (1) any surviving joint designated beneficiaries;
   2. (2) any alternate beneficiaries;
   3. (3) the surviving spouse of the decedent;
   4. (4) any children of the decedent or their descendants by representation;
   5. (5) the parents of the decedent;
   6. (6) the executor or administrator of the decedent's estate; or
   7. (7) the persons entitled by law to distribution of the decedent's estate.

Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 34.103 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 555, Sec. 17, eff. Sept. 1, 1995.

Acts 2011, 82nd Leg., R.S., Ch. 455 (S.B. 1667), Sec. 10, eff. September 1, 2011.