Texas Register, Volume 36, Number 23, Pages 3555-3666, June 10, 2011 Page: 3,596
3555-3666 p. ; 28 cm.View a full description of this periodical.
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SUBCHAPTER B. CONTESTED CASE
HEARINGS
22 TAC 157.9
The Texas Appraiser Licensing and Certification Board (TALCB)
adopts amendments to 22 TAC 157.9, Notice of Hearing, with-
out changes to the proposed text as published in the March
11, 2011, issue of the Texas Register (36 TexReg 1640). The
amendments clarify that respondents who are not licensees of
the Board or current applicants at the time of the hearing must
be served with notice of a hearing in accordance with the Admin-
istrative Procedure Act and rules of the State Office of Adminis-
trative Hearings. The amendments also delete the requirement
that initial notices of complaints must be sent to respondents by
certified mail.
The reasoned justification for these amendments is assurance
of due process in enforcement actions as well as efficient use of
agency resources.
No comments were received regarding the amendments as pro-
posed.
The amendments are adopted under the Texas Occupations
Code, 1103.151, Rules Relating to Certificates and Licenses.
The statute affected by this adoption is Texas Occupations Code,
Chapter 1103. No other statute, code, or article is affected by the
amendments.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on May 27, 2011.
TRD-201101921
Devon V. Bijansky
General Counsel
Texas Appraiser Licensing and Certification Board
Effective date: June 16, 2011
Proposal publication date: March 11, 2011
For further information, please call: (512) 465-3938
TITLE 34. PUBLIC FINANCE
PART 4. EMPLOYEES RETIREMENT
SYSTEM OF TEXAS
CHAPTER 73. BENEFITS
34 TAC 73.25
The Employees Retirement System of Texas (ERS) adopts an
amendment to 34 Texas Administrative Code (TAC) 73.25,
concerning Benefits, without changes to the proposed text as
published in the April 22, 2011, issue of the Texas Register (36
TexReg 2606). The amendment was approved by the ERS
Board of Trustees at its May 24, 2011 meeting. This section will
not be republished.
Section 73.25, concerning Payment to an Estate, is amended to
increase from $5,000 to $7,500 the amount that may be payable
to an estate without the requirement of certain formal documents.
This will ease the payment of claims when formal estate-related
documentation will be difficult for beneficiaries or heirs to obtain.Upon the death of an ERS annuitant, the annuitant's designated
beneficiary is entitled to receive a $5,000 lump sum death bene-
fit. This benefit is in addition to any remaining retirement benefits
due the deceased annuitant. Currently, 73.25 requires letters
testamentary, an order admitting a will to probate as muniment
of title, an affidavit filed with the county court under the small es-
tates provisions of the Texas Probate Code 137, or a judgment
to declare heirship to make a payment to an estate of more than
$5,000. Occasionally, ERS members or annuitants pass away
without designating beneficiaries, updating beneficiaries or com-
pleting the process of adding beneficiaries. Quite often, if an an-
nuitant was owed any remaining retirement annuity, when added
to the $5,000 lump sum death benefit, it will exceed the $5,000
currently in the rule, and the estate or heirs would be required
to obtain the necessary formal documentation in order to claim
the funds. The estate and heirs are often reluctant to enter into
a potentially complicated and expensive probate proceeding for
the sole purpose of recovering the benefits for an amount of that
size.
No comments were received on the proposed amendment.
The amendment is adopted under Texas Government Code
815.102, which provides authorization for the ERS Board of
Trustees to adopt rules for the retirement system for the admin-
istration of funds and the transaction of any other business of
the system.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on May 24, 2011.
TRD-201101875
Paula A. Jones
General Counsel and Chief Compliance Officer
Employees Retirement System of Texas
Effective date: June 13, 2011
Proposal publication date: April 22, 2011
For further information, please call: (512) 867-7416
CHAPTER 85. FLEXIBLE BENEFITS
34 TAC 85.5
The Employees Retirement System of Texas (ERS) adopts
amendments to 34 Texas Administrative Code (TAC) 85.5,
concerning Flexible Benefits, without changes to the proposed
text as published in the April 22, 2011, issue of the Texas
Register (36 TexReg 2607). The amendments were approved
by the ERS Board of Trustees at its May 24, 2011 meeting. This
section will not be republished.
Amendments to 85.5, concerning Benefits, are necessary to
simplify administration and to update the rule to conform to fed-
eral tax law. Some amendments to the Internal Revenue Code
have affected the administration and management of a Flexible
Spending Account (FSA). These changes are required in order
that the FSA administered by ERS will remain compliant with the
Internal Revenue Code.
Section 85.5 is amended to set an individual's yearly FSA con-
tribution limit at the same rate permitted under the Internal Rev-
enue Code and to set a maximum overall limit that is the same
as the current limit for participants in the TexFlex FSA program.36 TexReg 3596 June 10, 2011
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Texas. Secretary of State. Texas Register, Volume 36, Number 23, Pages 3555-3666, June 10, 2011, periodical, June 10, 2011; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth176623/m1/40/: accessed May 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.