(a) Subject to subsection (b) of this section, if a retiree has more than one retirement account through TMRS after retiring from more than one participating municipality, and the participating municipality for each retirement account participates in the post-retirement supplemental death benefits under §854.604 of the Act, only one supplemental death benefit will be payable upon the death of such person. If a retiree has more than one retirement account through TMRS after retiring from more than one participating municipality, and the most recent retirement account was based on retirement from a municipality that does not provide a post-retirement supplemental death benefit for retirees, the retiree's beneficiary shall receive a post-retirement supplemental death benefit based on an earlier (and most recent) retirement account based on retirement from a municipality that does provide such a benefit, but the retiree's beneficiary shall not receive more than one supplemental death benefit.
(b) If a participant, at the time of his or her death, is both (i) a retiree from a participating municipality that is then providing post-retirement supplemental death benefits and (ii) an employee of a participating municipality who is included within the coverage or extended coverage of such municipality's supplemental death program, only one supplemental death benefit will be payable upon the death of such person and such benefit will be the greater of the two amounts as calculated under §854.603 and 854.604 of the Act.
(c) For purposes of §854.605(a)(2) of the Act, unless a member has directed otherwise on a TMRS prescribed form filed with the system, if a supplemental death benefit is payable upon the death of a retiree but the retiree's annuity has no further remaining payments after the death of the retiree, then such supplemental death benefit is payable to the beneficiary designation made for purposes of the retiree's retirement annuity.

Source Note: The provisions of this §123.16 adopted to be effective November 19, 2020, 45 TexReg 8171