By: Guillen H.B. No. 5632
A BILL TO BE ENTITLED
AN ACT
relating to a change of beneficiary by a retiree of the Employees
Retirement System of Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sec. 814.008, Government Code, is amended to
read as follows:
Sec. 814.008. CHANGE OF BENEFICIARY AFTER RETIREMENT.
(a) A retiree receiving an optional service or disability
retirement annuity approved by the board of trustees or described
by Section 814.108(c)(1), (c)(2), or (c)(5) or receiving an
optional cash balance annuity described by Section 820.0535(c)(1),
(c)(2), or (c)(5) may change the designated beneficiary as provided
by this section for the benefits payable after the retiree's death.
(b) If the beneficiary designated at the time of the
retiree's retirement is the current spouse or former spouse of the
retiree:
(1) the current spouse or former spouse must give
written, notarized consent to the change; or
(2) a court with jurisdiction over the marriage must
have ordered the change.
(c) A beneficiary designated under this section is entitled
on the retiree's death to receive monthly payments of the survivor's
portion of the retiree's optional retirement annuity for the
shorter of:
(1) the remainder of the life expectancy of the
beneficiary designated as of the effective date of the retiree's
retirement; or
(2) the remainder of the new beneficiary's life.
(d) A retiree may not change a beneficiary under this
section after retirement if the retiree has previously changed
after retirement a beneficiary for optional retirement annuity
payments under this subtitle.
SECTION 2. This Act applies to a retiree who makes a change
of beneficiary under this section on, before or after the effective
date of this Act regardless of the date on which the previous
annuity selection was made.
SECTION 3. This Act takes effect September 1, 2025.