1. (a) If the Teacher Retirement System of Texas (TRS) determines that amounts payable to an annuitant were not received by the annuitant before the annuitant's death, TRS may pay the amounts to the annuitant's designated beneficiary for benefits payable under the Government Code, §824.501. Before paying the designated beneficiary, TRS shall make the following determinations:

   1. (1) the amount payable is no greater than $20,000;
   2. (2) the designated beneficiary has survived the annuitant; and
   3. (3) TRS has received no notice of a probate or similar proceeding in which payment could be made to the annuitant's estate.
2. (b) TRS may require proof from the designated beneficiary necessary to make the determinations.
3. (c) TRS may determine that payment should not be made to the designated beneficiary if doing so would violate the Internal Revenue Code of 1986, §401(a) (26 United States Code §401).

Source Note:The provisions of this §29.16 adopted to be effective January 24, 1992, 17 TexReg 253; amended to be effective March 12, 2003, 28 TexReg 2103.