- (a) The system, either on its own motion or upon sufficient written complaint, at any time after personal service of notice to the annuitant, may cite any person receiving a disability benefit to appear before it at a public hearing and show cause why such benefit should not be discontinued, suspended, or revoked, for failure to comply with any directive to submit himself or herself to an annual medical examination as required by the Act, or because the disability annuitant is allegedly no longer physically incapacitated or that he or she is engaged in or is able to engage in a gainful occupation. All hearings in such proceedings shall be conducted in accordance with the provisions of this chapter.
- (b) No revocation, suspension, or discontinuance of any benefit for any of the reasons cited in subsection (a) of this section shall be taken unless, prior to institution of proceedings, the system shall first give notice by personal service or by registered or certified mail to the annuitant of the facts or conduct alleged to warrant the intended action, and the annuitant is given reasonable opportunity to show compliance with all requirements of law for retention of the benefit.
Source Note:The provisions of this §121.25 adopted to be effective July 23, 1976, 1 TexReg 1894.