34 Tex. Admin. Code § 69.6 - Notice of Conviction
(a) The system
shall terminate the annuity of an elected official or corrections officer
convicted of a qualifying felony pursuant to §
69.3 of this chapter upon receipt
of notice of the conviction as specified in Tex. Gov't Code §
810.003 or §
810.004 or other
proper notice of the conviction.
(b) Proper notice of the conviction must
include:
(1) a copy of the court's judgment
and sentence or documentation equivalent to a judgment and sentence;
and
(2) identifying information
establishing that the person named in the judgment and sentence is an elected
official or corrections officer who is a contributing member or annuitant of
the system, including, but not limited to, the person's date of birth or social
security number.
(c) The
person convicted of a qualifying felony must provide proper notice of the
conviction to the system not later than the 30th day after the judgment and
sentence are entered by the court. If the person fails to provide such notice
on or before the 30-day deadline, the person must repay to the system all
annuity payments that would have been forfeited if timely notice had been
provided. The system shall recoup the annuity payments prior to making any
payment to an alternate payee, except as provided by Tex. Gov't Code §
810.003(g)
or §
810.004(f),
and shall offset such payments against a refund of the person's remaining
service retirement annuity contributions, including service purchase funds, if
any.
(d) For an elected official,
the governmental entity to which the person was elected or appointed must
provide proper notice of the conviction to the system not later than the 30th
day after the judgment and sentence are entered by the court.
(e) For elected officials and corrections
officers, the court entering the judgment and sentence must provide proper
notice of the conviction to the system as soon as practicable but not later
than the 30th day after the judgment and sentence are entered by the
court.
(f) For elected officials
and corrections officers, the lead prosecuting attorney must provide proper
notice of the conviction to the system as soon as practicable but not later
than the 30th day after the judgment and sentence are entered by the court. The
lead prosecuting attorney also shall provide a copy of the indictment to the
system.
(g) A court's, governmental
entity's, or lead prosecuting attorney's failure to comply with the notice
requirements under subsection (d), (e), or (f) of this section shall not
prevent the system from terminating an annuity.
Notes
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