(a) This rule applies to a member of the Texas Military Forces whose death occurs on or after September 1, 2023. For purposes of this rule, a death that occurs before September 1, 2023, is governed by the law in effect on the date the death occurred, and the former law is continued in effect for that purpose.
(b) A survivor of an individual who is a member of the Texas Military Forces is eligible to receive a lump sum payment under Texas Government Code Section 615.022 and monthly assistance under Section 615.023, as applicable, if:
  (1) the individual died while on state active duty;
  (2) the Texas Military Department certifies to the Employees Retirement System of Texas (ERS) that the circumstances of the individual's death entitle an eligible survivor to the payment of assistance under Chapter 615 of the Texas Government Code; and
  (3) the survivor is:
    (A) a beneficiary designated by the individual on the individual's United States Department of Defense Form DD-93; or
    (B) a beneficiary designated by the individual on the Texas Military Department Record of Emergency Data form; or
  (4) if there is no beneficiary described by Paragraph (3)(a) or (3)(b) of this section:
    (A) the surviving spouse of the decedent;
    (B) a surviving child of the decedent if there is no surviving spouse; or
    (C) the surviving parent of the decedent if there is no surviving spouse or child.
(c) For purposes of this rule, a death on state active duty means the individual died because of a personal injury sustained in the line of duty in connection with the performance of military or emergency service for this state at the call of the governor or the governor's designee.
  (1) "Personal injury" means an injury resulting from an external force, an activity, or a medical condition caused by or resulting from:
    (A) a line-of-duty accident; or
    (B) a medical condition caused by line-of-duty work under hazardous conditions.
  (2) "Line of duty" means an action the individual is required or authorized by rule, condition of employment, or law to perform. The term includes, but is not limited to:
    (A) an action by the individual at a social, ceremonial, athletic, or other function to which the individual is assigned by the individual's employer; and
    (B) an action performed as part of a training program the individual is required or authorized by rule, condition of employment, or law to undertake.

Source Note: The provisions of this §138.1 adopted to be effective January 28, 2024, 49 TexReg 281