1. (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. (1) a sworn statement from the person making the claim that:

      1. (A) the decedent, on the date of death, was not receiving and was not eligible to receive an annuity under an employee retirement plan;
      2. (B) the surviving spouse, if any, of the decedent has not remarried;
      3. (C) the surviving spouse, if any, of the decedent is not retired and is not eligible to retire under an employee retirement plan; and
      4. (D) the surviving spouse, if any, of the decedent is not receiving and is not eligible to receive social security benefits; and
   2. (2) an itemized statement of funeral expenses incurred, if the application includes a claim for payment of funeral expenses.
2. (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.
3. (c) The executive director may require additional information or affidavits as necessary to establish the validity of any claim under this section.

Source Note:The provisions of this §75.2 adopted to be effective September 13, 2001, 26 TexReg 6954.