Texas Government Code 842.114 – Burden of Proof
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(a) A person disputing the validity of a form, application, or other document filed with the retirement system has the burden of proving the document to be false, fraudulent, or otherwise invalid.
(b) A person seeking a correction based on an error caused by an act or omission of the retirement system or a subdivision has the burden of proving the error and the act or omission causing the error.
Terms Used In Texas Government Code 842.114
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) A person described by Subsection (a) or (b) has the burden of showing:
(1) reasonableness and diligence in discovering the invalidity or error; and
(2) timeliness in notifying the retirement system or the appropriate subdivision.
