(a) In this subchapter:
(1) “Death benefit” means a benefit of any kind, including the proceeds of a life insurance policy or any other payment, in cash or property, under an employees’ trust or a retirement account, a contract purchased by an employees’ trust or a retirement account, or a retirement-annuity contract that is payable because of an employee’s, participant’s, or beneficiary‘s death to or for the benefit of the employee’s, participant’s, or beneficiary’s beneficiary.
(2) “Employee” means a person covered by an employees’ trust or a retirement account that provides a death benefit or a person whose interest in an employees’ trust or a retirement account has not been fully distributed.
(3) “Employees’ trust” means:
(A) a trust forming a part of a stock-bonus, pension, or profit-sharing plan under Section 401, Internal Revenue Code of 1954 (26 U.S.C.A. Sec. 401 (1986));
(B) a pension trust under Chapter 111; and
(C) an employer-sponsored benefit plan or program, or any other retirement savings arrangement, including a pension plan created under Section 3, Employee Retirement Income Security Act of 1974 (29 U.S.C.A. Sec. 1002 (1986)), regardless of whether the plan, program, or arrangement is funded through a trust.
(4) “Individual retirement account” means a trust, custodial arrangement, or annuity under Section 408(a) or (b), Internal Revenue Code of 1954 (26 U.S.C.A. Sec. 408 (1986)).
(5) “Participant” means a person covered by an employees’ trust or a retirement account that provides a death benefit or a person whose interest in an employees’ trust or a retirement account has not been fully distributed.
(6) “Retirement account” means a retirement-annuity contract, an individual retirement account, a simplified employee pension, or any other retirement savings arrangement.
(7) “Retirement-annuity contract” means an annuity contract under Section 403, Internal Revenue Code of 1954 (26 U.S.C.A. Sec. 403 (1986)).
(8) “Simplified employee pension” means a trust, custodial arrangement, or annuity under Section 408, Internal Revenue Code of 1954 (26 U.S.C.A. Sec. 408 (1986)).
(9) “Trust” and “trustee” have the meanings assigned by the Texas Trust Code (Chapters 111 through 115), except that “trust” includes any trust, regardless of when it is created.
(b) References to specific provisions of the Internal Revenue Code of 1954 (26 U.S.C.A.) include corresponding provisions of any subsequent federal tax laws.

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Terms Used In Texas Property Code 121.051

  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • 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
  • Contract: A legal written agreement that becomes binding when signed.
  • 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
  • Property: means real and personal property. See Texas Government Code 311.005