Tex. Gov't Code Section 824.404
Survivor Benefits


(a)

The designated beneficiary of a member who dies may, if entitled to a death benefit other than the accumulated contributions of the member, elect to receive, instead of a benefit payable under Section 824.402 (Benefits on Death of Active Member) or 824.403 (Benefits on Death of Inactive Member), a lump-sum payment of $2,500 plus an applicable monthly benefit described in this section.

(b)

If the designated beneficiary is the spouse or a dependent parent of the decedent, the beneficiary may elect to receive for life a monthly benefit of $250, beginning immediately or on the date the beneficiary becomes 65 years old, whichever is later.

(c)

If the designated beneficiary is the spouse of the decedent and has one or more children less than 18 years old or has custody of one or more children of the decedent who are less than 18 years old, the designated beneficiary may elect to receive:

(1)

a monthly benefit of $350 payable until the youngest child becomes 18 years old; and

(2)

when the youngest child has attained the age of 18, a monthly benefit for life of $250, beginning on the date the beneficiary becomes 65 years old.

(d)

If the designated beneficiary or beneficiaries are the decedent’s dependent children who are less than 18 years old, their guardian may elect to receive for them:

(1)

a monthly benefit of $350, payable as long as two or more children are less than 18 years old; and

(2)

a monthly benefit of $250, payable as long as only one child is less than 18 years old.

(e)

If the designated beneficiary is the spouse or a dependent parent of the decedent, benefits under Subsection (d) are payable, if a dependent child less than 18 years old exists, on the death of the beneficiary.

(f)

A person who qualifies to receive survivor benefits from more than one deceased member as a spouse or a spouse with a dependent child is entitled to be paid only benefits based on the death of one of the decedents.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1985, 69th Leg., ch. 699, Sec. 1, eff. Sept. 1, 1985. Renumbered from Vernon’s Ann.Civ.St. Title 110B, Sec. 34.404 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 812, Sec. 11, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1416, Sec. 19, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1229, Sec. 11, eff. Sept. 1, 2001.

Source: Section 824.404 — Survivor Benefits, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­824.­htm#824.­404 (accessed May 11, 2024).

824.001
Types of Benefits
824.002
Effective Date of Retirement
824.003
When Benefits Are Payable
824.004
Waiver of Benefits
824.005
Revocation of Retirement
824.006
Payment of Annuity on Death of Member or Retiree
824.007
Deductions from Service or Disability Retirement Annuity
824.008
Deductions from Amounts Payable by the Retirement System
824.009
Certain Employees and Annuitants Ineligible for Retirement Annuity
824.0071
Deductions from Service or Disability Retirement Annuity for Certain University Insurance Program Contributions
824.101
Designation of Beneficiary
824.102
Trust as Beneficiary
824.103
Absence of Beneficiary
824.104
Failure of Beneficiary to Claim Benefits
824.105
Beneficiary Causing Death of Member or Annuitant
824.106
Simultaneous Death of Member and Beneficiary
824.201
Application for Service Retirement Benefits
824.202
Eligibility for Service Retirement
824.203
Standard Service Retirement Benefits
824.204
Optional Service Retirement Benefits
824.205
Deductions from Service Retirement Annuity
824.206
Change of Service Retirement Annuity Payment Plan
824.301
Application for Disability Retirement Benefits
824.302
Eligibility for Disability Retirement
824.303
Certification of Disability
824.304
Disability Retirement Benefits
824.305
Medical Examination of Disability Retiree
824.307
Restoration of Disability Retiree to Membership
824.308
Optional Disability Retirement Benefits
824.309
Change of Disability Retirement Payment Plan
824.310
Purpose of Disability Benefit
824.401
Availability of Annuity
824.402
Benefits on Death of Active Member
824.403
Benefits on Death of Inactive Member
824.404
Survivor Benefits
824.405
Tables for Determination of Death Benefit Annuity
824.406
Benefits for Survivors of Certain Members
824.407
Guaranteed Return of Amount Equal to Contributions
824.501
Survivor Benefits
824.502
Benefits on Death of Disability Retiree
824.503
Return of Excess Contributions
824.504
Benefits for Survivors of Certain Retirees
824.505
Other Amounts Payable on Death of Retiree
824.601
Loss of Monthly Benefits
824.602
Exceptions
824.603
Exclusion from Credit
824.604
Rules
824.701
Application of Annuity Increases to Certain Annuities
824.702
Cost-of-living Adjustment
824.801
Definition
824.802
Participation in Plan
824.803
Computation of Participant’s Service and Annuity
824.804
Benefits Under Plan
824.805
Termination of Participation in Plan
824.806
Benefits for Service After Plan Participation
824.807
Interest
824.1011
Designation of Beneficiary After Retirement
824.1012
Post-retirement Change in Retirement Payment Plan for Certain Retirement Benefit Options
824.1013
Change of Beneficiary After Retirement
824.2031
Benefit Improvements
824.2045
Partial Lump-sum Option
824.4041
Benefits for Certain Surviving Spouses
824.6022
Required Reports
824.8011
Deadline to Elect to Participate

Accessed:
May 11, 2024

§ 824.404’s source at texas​.gov