General and Special Laws of The State of Texas Passed By The Third Called Session of the Fifty-Seventh Legislature and the Regular Session of the Fifty-Eighth Legislature Page: 1,194
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58TH LEGISLATURE-REGULAR SESSION
EMPLOYEES RETIREMENT SYSTEM-OCCUPATIONAL
DISABILITY BENEFITS
CHAPTER 477
H. B. No. 572
An Act amending Chapter 402, Acts of the Fifty-fifth Legislature, Regular Ses.
sion, as heretofore amended (Vernon's Texas Civil Statutes, Article 6228a),
pertaining to the Employees Retirement System of Texas; amending Sec-
tion 5, Subsection C, to provide for the calculation of occupational dis-
ability retirement benefits; repealing Section 1, Subsections L and M,
pertaining to the definition of regular and current interest; amending Sec-
tion 5, Subsection D, Paragraph 3, by providing for the payment of occu-
pational death benefit allowance to surviving spouse, and providing for
payment to the dependent children in the absence of a surviving spouse;
amending Section 7, Subsection B, so as to provide for allocation of inter-
est; amending Section 9, by providing for the exemption of annuity
payments, contributions, optional benefit payments, and the moneys in
the various funds of the System from any State, county, or local taxes,
or any legal process whatsoever, and prohibiting assignment, except as
specifically provided in the Act; providing an effective date; repealing
laws in conflict herewith; providing a saving clause; and declaring an
emergency.
Be it enacted by the Legislature of the State of Texas:
Section 1. Chapter 402, Acts of the Fifty-fifth Legislature, Regular
Session, as heretofore amended, Section 5, Subsection C, Paragraph 3, shall
be and the same is hereby amended 42 so as to read hereafter as follows:
"3. Upon retirement for occupational disability a member shall re-
ceive a disability retirement allowance computed at one and one-fourth
per cent (11/4%) per year of creditable service multiplied by the monthly
rate of compensation being paid to the member at the time of the dis-
abling injury or disease; provided, however, that in no event shall the
disability retirement allowance be less than twenty-five per cent (25%)
nor more than fifty per cent (50%) of the monthly rate of compensation.
"It is expressly provided that all occupational disability retirements
previously awarded and in effect at the time this Act becomes effective,
shall be reviewed, and the benefits of this Act shall be applied to each re-
tirement; provided, however, that no person shall receive an annuity less
than that being paid at the effective date of this Act."
Sec. 2. Chapter 402, Acts of the Fifty-fifth Legislature, Regular Ses-
sion, as heretofore amended, Section 1, Subsections L and M, shall be and
the same is hereby repealed.43
Sec. 3. Chapter 402, Acts of the Fifty-fifth Legislature, Regular Ses-
sion, as heretofore amended, Section 5, Subsection D, Paragraph 3, shall
be and the same is hereby amended 44 so as to read hereafter as follows:
"3. Provided, however, in the event that the death of the member is
an occupational death, there shall be refunded, in addition to any other
benefit or payment authorized by this Act, an amount equal to the full
annual salary of the member based upon his rate of pay at the time of
death, but such additional refund shall be paid only to the surviving spouse,
and if no surviving spouse, then payment shall be made to the dependent
children, if any, and provided that such additional death benefit shall be
paid from the State Accumulation Fund. The Board of Trustees shall
42. Vernon's Ann.Civ.St. art. 6228a. 44. Vernon's Ann.Civ.St. art. 6228a, I 5
43. Vernon's Ann.Civ.St. art. 6228a, 5 1 (D. 3).
(L).
1194Ch. 477
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Texas. Legislature. General and Special Laws of The State of Texas Passed By The Third Called Session of the Fifty-Seventh Legislature and the Regular Session of the Fifty-Eighth Legislature, legislative document, 1963; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth221759/m1/1530/?q=+date%3A1945-1972: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.