34 Tex. Admin. Code § 69.3 - Termination of Annuities
(a) The annuity of
an elected official shall be terminated if:
(1) the elected official is convicted of a
qualifying felony committed while in office; and
(2) the conduct underlying the qualifying
felony arose directly from the official duties of the elected official's
office.
(b) The annuity
of a corrections officer shall be terminated if:
(1) the corrections officer is convicted of a
qualifying felony; and
(2) the
conduct underlying the qualifying felony arose directly from the person's
service as a corrections officer.
(c) If the elected official or corrections
officer is receiving an annuity at the time that the system receives notice of
the conviction, the final annuity payment shall be paid on the last day of the
month following the month in which the system receives the notice of
conviction.
(d) If the annuity of
an elected official or corrections officer is terminated pursuant to subsection
(a) or (b) of this section, the system shall issue a refund of the person's
remaining service retirement annuity contributions, including service purchase
funds, with interest, unless the annuity is subject to an order of a court
awarding any part of the annuity to a spouse, former spouse, or other alternate
payee. A refund under this section is subject to an order of a court awarding
all or part of the person's service retirement annuity contributions to a
former spouse as provided by Tex. Gov't Code §
810.003(f),
except as otherwise provided by §
69.4 and §
69.5 of this chapter.
(e) The system shall reinstate the annuity
and refund payments withheld during the suspension period, with interest, or if
not retired shall reinstate membership and canceled service credit if:
(1) the conviction is overturned on appeal or
the elected official or corrections officer meets all requirements for
innocence under Tex. Civ. Prac. and Rem. Code §
103.001(a)(2);
and
(2) the system receives a
completed application for reinstatement and a payment equal to the refund
provided under subsection (d) of this section, not later than the 120th day
after the conviction is overturned or the person meets all requirements for
innocence.
(f) Interest
under this chapter shall be calculated at the rate provided by Tex. Gov't Code
§
815.311 in effect at
the time the system reinstates the annuity.
(g) Subject to applicable federal law, an
elected official or a corrections officer whose annuity is terminated under
this chapter is no longer an annuitant for purposes of Tex. Ins. Code Chapter
1551. Coverage shall terminate on the first day of the month following the
final annuity payment.
(h) Service
credit previously earned in any class by an elected official or corrections
officer whose annuity is terminated under this chapter is no longer creditable
service and may not be used, transferred, or repurchased under Tex. Gov't Code
Chapters 803, 805, or 813 or under §833.102 or §838.102 unless the
system reinstates the annuity because the conviction has been overturned or the
person has met all requirements for innocence. If the conviction has been
overturned or the person has met all requirements for innocence, interest shall
be calculated as if there was no suspension period.
(i) A decision by the system under this
chapter constitutes final agency action and no administrative appeal from the
decision is available.
Notes
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