TITLE 34. PUBLIC FINANCE

PART 4. EMPLOYEES RETIREMENT SYSTEM OF TEXAS

CHAPTER 75. HAZARDOUS PROFESSION DEATH BENEFITS

The Employees Retirement System of Texas (ERS) adopts amendments to 34 Texas Administrative Code Chapter 75, concerning Hazardous Profession Death Benefits, by amending §75.1 (Filing of Claims), §75.2 (Additional Benefit Claims), and §75.3 (Adjustments to Payments) with changes to the proposed text as published in the January 30, 2026 issue of the Texas Register (51 TexReg 536). The amendments were approved by the ERS Board of Trustees at its March 4, 2026 meeting. These sections will be republished.

Sections 75.1, 75.2, and 75.3, concerning Hazardous Profession Death Benefits, are amended in order to simplify and clarify the process for submitting an application for benefits.

No comments were received regarding the proposed amendments.

The amendments are adopted under Tex. Gov't Code §615.002, which provides authorization for the ERS Board of Trustees to adopt rules necessary for the administration of Tex. Gov't Code Ch. 615.

§75.1. Filing of Claims.

(a) An adult survivor or a person with authority to act on behalf of a survivor may initiate an application for benefits under Tex. Gov't Code Chapter 615, except that for benefits payable to survivors of members of Texas military forces under Tex. Gov't Code § 615.024, the system will make a determination regarding the payment of benefits based on information provided by the Texas Military Department, and the documentation requirements generally applicable to applications for benefits, as described in this chapter, will not apply to members of Texas military forces.

(b) The executive director or the executive director's designee, in his or her sole discretion, may waive any of the documentation requirements set forth in this chapter and may require any additional information, including sworn affidavits, necessary to establish the validity of a claim. The system may accept a certified copy by email, fax, or other electronic submission.

(1) a sworn statement, on a form prescribed by the system, that provides information related to eligibility for benefits and is executed by each survivor who is applying to receive a lump sum or the survivor's legal representative;

(2) a certified copy of the death certificate;

(3) a certified copy of the autopsy report, if an autopsy has been performed;

(4) for a surviving spouse:

(A) a copy of a marriage license or an equivalent government record showing a formal marriage between the survivor and the decedent;

(B) a declaration of informal marriage, if one was filed; or

(i) intended to have a present, immediate, and permanent marital relationship and did in fact agree to be married;

(ii) at the time of the decedent's death, had been living together in Texas as spouses; and

(iii) consistently represented to others that they were married (with occasional introductions as spouses being insufficient).

(5) a certified copy of the birth certificate for each surviving child;

(6) copies of official reports regarding the death;

(7) a sworn statement from the employer or the employer's authorized representative that includes the decedent's official job description as an attachment and describes:

(A) the circumstances surrounding the fatality, including the type of work being performed at the time of death, if the decedent was on duty at the time of death, and other duty-related information that is relevant to the claim;

(B) the specific position held by the decedent at the time of death;

(D) contact information for the decedent's next of kin and other emergency contact information in the employer's possession; and

(E) a description of the sources of information used to prepare the sworn statement.

(8) for a surviving parent who applies for benefits, a certified copy of the decedent's birth certificate;

(9) documentation from the appropriate authority which demonstrates:

(A) if the decedent was a law enforcement officer as described in Tex. Gov't Code §615.003(1), that the decedent was a commissioned peace officer certified by the Texas Commission on Law Enforcement;

(B) if the decedent was a fire protection professional as described in Tex. Gov't Code §615.003(10) or §615.003(11), that the decedent was certified by the Texas Commission on Fire Protection;

(C) if the decedent was a member of an organized volunteer fire department as described in Tex. Gov't Code §615.003(12), that the decedent was a member of an organized volunteer fire department that conducted a minimum of two drills each month, with each drill being at least two hours long, and the decedent rendered fire-fighting services without remuneration;

(D) if the decedent was a probation officer as described in Tex. Gov't Code §615.003(2), that the decedent had the qualifications and duties described in Tex. Gov't Code § 76.002 and § 76.005;

(E) if the decedent was a parole officer as described in Tex. Gov't Code §615.003(3), that the decedent was a parole officer with the qualifications and duties described in Tex. Gov't Code § 508.001 and § 508.113;

(F) if the decedent was a jailer or guard as described in Tex. Gov't Code §615.003(7), that the decedent was appointed by the sheriff and performed a security, custodial, or supervisory function over the admittance, confinement, or discharge of prisoners and that the decedent was certified by the Texas Commission on Law Enforcement;

(G) if the decedent was an individual who performed emergency medical services or operated an ambulance as described in Tex. Gov't Code §615.003(13), that the decedent was certified as at least an "emergency care attendant"; or

(H) if the decedent was a chaplain as described in Tex. Gov't Code §615.003(14), that the decedent was employed or formally designated as a chaplain by a specified fire department or law enforcement agency or by the Texas Department of Criminal Justice.

(10) for the decedent's non-biological children, a copy of a transcript of the federal income tax return for the decedent for the year preceding the year of the decedent's death; and

(11) copies of documents submitted in connection with a claim for workers' compensation benefits and decisions related to the claim, if requested by the system.

(d) For a survivor who is a minor child:

(1) monthly payments will be paid to the duly qualified or appointed guardian of the child or if no guardian exists, another legal representative of the child; and

(2) lump-sum payments will be paid to a duly appointed guardian of the child's estate or a management trust created under Estates Code Chapter 1301.

(e) Proof of the appointment of a guardian of a child's estate or the creation of a management trust will not be required before the system provides notice of the approval of an application for a lump-sum payment to a minor child, but payment may not be remitted until all steps necessary for the appointment of the guardian or the creation of the management trust are completed. Guardianship and trust documents must reflect that the court was aware of the approximate amount of the lump-sum benefit when making the decision to appoint a guardian or create a management trust.

§75.2. Additional Benefit Claims.

(a) In addition to the documents required under §75.1 of this chapter, the following documents must accompany a surviving spouse's application for benefits under Tex. Gov't Code Chapter 615, Subchapter F:

(1) a sworn statement from the surviving spouse, on a form prescribed by the system, that attests to the surviving spouse's eligibility for spousal benefits; and

(2) an itemized statement of funeral expenses incurred, if the application includes a claim for payment of funeral expenses.

(b) If the decedent died before September 1, 2022, then except as provided by subsection (e) of this section, an annuity payable to a surviving spouse who is eligible for benefits under Tex. Gov't Code Chapter 615, Subchapter F, shall be computed as provided by Tex. Gov't Code §814.105 as if the decedent, on the date of death:

(1) was employed by the Texas Department of Public Safety at the lowest salary provided by the General Appropriations Act for a peace officer position, if the decedent held a peace officer position on the date of death, or by the Texas Department of Criminal Justice at the lowest salary provided by the General Appropriations Act for a custodial personnel position, if the decedent held a custodial personnel position on the date of death;

(2) had accrued 10 years of service credit in the applicable position; and

(3) was eligible to retire without regard to any age requirement.

(c) If the decedent died on or after September 1, 2022, then except as provided by subsection (e) of this section, a surviving spouse who is eligible for benefits under Tex. Gov't Code Chapter 615, Subchapter F, is entitled to receive the greater of an annuity computed as provided by subsection (b) of this section or an annuity computed as provided by Tex. Gov't Code §820.053 as if the decedent, on the date of death:

(2) had accrued 10 years of service credit in the applicable position;

(3) was eligible to retire without regard to any age requirement; and

(4) was not eligible for the additional benefit provided by Tex. Gov't Code §820.053(a)(2)(B).

(d) For purposes of subsection (c) of this section, the system shall:

(1) include gain sharing interest in the computation of an annuity under Tex. Gov't Code §820.053;

(2) determine which annuity computation would result in the greater annuity at the time the annuity is first paid; and

(3) allow the surviving spouse to reject the system's determination and elect to receive the lesser annuity by providing written notice of the election, which shall be irrevocable, to the system before any payment is made.

(e) In lieu of an amount computed under subsection (b) or (c) of this section, an annuity shall be paid in the amount the decedent would have been eligible to receive under the decedent's employee retirement plan if the decedent had been eligible to retire at the age and with the service attained on the last day of the month of the decedent's death if:

(1) the surviving spouse requests payment of the amount computed under this subsection before any payment computed under subsection (b) or (c) of this section is made;

(2) an authorized representative of the employee retirement plan in which the decedent was a participant certifies the amount computed under this subsection; and

(3) the amount computed under this subsection is greater than the amounts computed under subsections (b) and (c) of this section.

(f) The reduction factors applied to a death benefit plan administered by the system shall be applied in the same manner to an annuity computed under subsection (b) or (c) of this section.

(g) As a condition of receipt of an annuity under Tex. Gov't Code Chapter 615, Subchapter F, an eligible surviving spouse shall agree to annually certify the spouse's eligibility under subsection (a)(1) of this section and to notify the system of any change in circumstances affecting the spouse's continued eligibility. Failure to comply with this requirement or to provide the agreed certification is a basis for suspension of annuity payments until compliance occurs.

(h) The amount reimbursed for funeral expenses under Tex. Gov't Code Chapter 615, Subchapter F, may not exceed the lesser of $6,000 or the amount of funeral expenses actually incurred.

§75.3. Adjustments to Payments.

Beginning on September 1, 2020, and on each September 1 thereafter, any lump sum payment payable to eligible survivors under Tex. Gov't Code § 615.022(d) shall be adjusted annually by an amount equal to the percentage change in the Consumer Price Index for All Urban Consumers for the previous calendar year. The annual adjustment will be an amount as reported by the system's consulting actuary and approved by the executive director.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 16, 2026.

TRD-202601258

Cynthia Canfield Hamilton

General Counsel and Chief Compliance Officer

Employees Retirement System of Texas

Effective date: April 5, 2026

Proposal publication date: January 30, 2026

For further information, please call: (877) 275-4377