Texas Government Code 864.015 – Beneficiary Causing Death of Member or Retiree
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(a) A benefit payable on the death of a member or retiree may not be paid to a person convicted of causing that death but instead is payable as if the convicted person had predeceased the decedent.
(b) The pension system is not required to change the recipient of benefits under this section unless it receives actual notice of the conviction of a beneficiary. The system may delay payment of a benefit payable on the death of a member or retiree pending the results of a criminal investigation and of legal proceedings relating to the cause of death.
Terms Used In Texas Government Code 864.015
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Conviction: A judgement of guilt against a criminal defendant.
- Decedent: A deceased person.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) The pension system is not liable for any benefit paid to a convicted person before the date the system receives actual notice of the conviction, and any payment made before that date is a complete discharge of the system’s obligation with regard to that benefit payment. The convicted person holds all payments received in constructive trust for the rightful recipient.
(d) For the purposes of this section, a person has been convicted of causing the death of a member or retiree if the person:
(1) pleads guilty or nolo contendere to, or is found guilty by a court of, an offense at the trial of which it is established that the person’s intentional, knowing, or reckless act or omission resulted in the death of a person who was a member or retiree, regardless of whether sentence is imposed or probated; and
(2) has no appeal of the conviction pending and the time provided for appeal has expired.