Texas Labor Code 408.0445 – Average Weekly Wage for Members of State Military Forces, Texas Task Force 1, Intrastate Fire Mutual Aid System Teams, and Regional Incident Management Teams
(a) For purposes of computing income benefits or death benefits under § 437.227, Government Code, the average weekly wage of a member of the state military forces as defined by § 437.001, Government Code, who is engaged in authorized training or duty is an amount equal to the sum of the member’s regular weekly wage at any employment the member holds in addition to serving as a member of the state military forces, disregarding any period during which the member is not fully compensated for that employment because the member is engaged in authorized military training or duty, and the member’s regular weekly wage as a member of the state military forces, except that the amount may not exceed 100 percent of the state average weekly wage as determined under § 408.047.
(b) For purposes of computing income benefits or death benefits under § 88.303, Education Code, the average weekly wage of a Texas Task Force 1 member, as defined by § 88.301, Education Code, who is engaged in authorized training or duty is an amount equal to the sum of the member’s regular weekly wage at any employment, including self-employment, that the member holds in addition to serving as a member of Texas Task Force 1, except that the amount may not exceed 100 percent of the state average weekly wage as determined under § 408.047. A member for whom an average weekly wage cannot be computed shall be paid the minimum weekly benefit established by the division.
(c) For purposes of computing income benefits or death benefits under § 88.126, Education Code, the average weekly wage of an intrastate fire mutual aid system team member or a regional incident management team member, as defined by § 88.126, Education Code, who is engaged in authorized training or duty is an amount equal to the sum of the member’s regular weekly wage at any employment, including self-employment, that the member holds in addition to serving as a member of an intrastate fire mutual aid system team or a regional incident management team, as applicable, except that the amount may not exceed 100 percent of the state average weekly wage as determined under § 408.047. A member for whom an average weekly wage cannot be computed shall be paid the minimum weekly benefit established by the division.
