34 Tex. Admin. Code § 308.3
Disability Retirement Benefits
Effective Oct 18, 201540 TexReg 7103Source Note: The provisions of this §308.3 adopted to be effective October 2, 2005, 30 TexReg 6062; amended to be effective July 26, 2006, 31 TexReg 5810; amended to be effective August 26, 2007, 32 TexReg 5185; amended to be effective August 31, 2014, 39 TexReg 6869; amended to be effective October 18, 2015, 40 TexReg 7103.Texas Secretary of State
- (a) Except as otherwise provided by §864.004 and §864.005, Government Code, and this section, a member whose disability results from performing emergency service duties is entitled to a monthly annuity during the period of the disability in an amount equal to $400 plus $50 for every $12 increase in Part One contributions above $36 by the governing body for which the person was performing emergency service duties at the time of the disability.
- (b) An increase in contributions by a governing body after the payment of a monthly annuity begins does not increase the amount of the annuity.
- (c) Disability benefits are prorated for portions of months during which a person is disabled.
- (d) A local board shall report to the Executive Director, in a manner provided by the pension system, a determination of a temporary disability not later than the 45th day after the date the disability begins.
- (e) The determination of a temporary disability is a determination that a member is disabled as described in §864.004(a), Government Code prior to the determination of permanent disability by the medical board under §864.004(a), Government Code and is not a determination that a particular condition of a member is of a temporary nature.
- (f) The state board may adopt procedures for the administration of disability benefits under the pension system as it deems necessary.
Source Note:The provisions of this §308.3 adopted to be effective October 2, 2005, 30 TexReg 6062; amended to be effective July 26, 2006, 31 TexReg 5810; amended to be effective August 26, 2007, 32 TexReg 5185; amended to be effective August 31, 2014, 39 TexReg 6869; amended to be effective October 18, 2015, 40 TexReg 7103.