Sec. 824.009. CERTAIN EMPLOYEES AND ANNUITANTS INELIGIBLE FOR RETIREMENT ANNUITY; RESUMPTION OR RESTORATION OF ELIGIBILITY. (a) In this section, "qualifying felony" means an offense that is punishable as a felony under the following sections of the Penal Code:
(1) Section 21.02 (continuous sexual abuse of young child or disabled individual);
(2) Section 21.12 (improper relationship between educator and student);
(3) Section 22.011 (sexual assault) or Section 22.021 (aggravated sexual assault); or
(4) Section 43.24 (sale, distribution, or display of harmful material to minor).
(a-1) In this section, a "qualifying felony" includes any federal offense that contains elements that are substantially similar to the elements of a felony offense described in Subsection (a).
(b) This section applies only to a person who is a member or an annuitant of the retirement system and is or was an employee of the public school system.
(c) Except as provided by Subsection (e), a person is not eligible to receive a service retirement annuity from the retirement system if the person is convicted of a qualifying felony the victim of which is a student.
(d) The retirement system shall suspend payments of an annuity to a person who is not eligible to receive a service retirement annuity under Subsection (c), as determined by the retirement system, on receipt by the retirement system of:
(1) notice of a conviction for a qualifying felony under Subsection (f) or (l);
(2) notice of a conviction for a qualifying felony from a district court or district attorney; or
(3) any other information the retirement system determines by rule is sufficient to establish a conviction for a qualifying felony.
(e) A person whose conviction is overturned on appeal or who meets the requirements for innocence under Section 103.001(a)(2), Civil Practice and Remedies Code:
(1) is entitled to receive an amount equal to the accrued total of payments and interest earned on the payments withheld during the suspension period; and
(2) may resume receipt of annuity payments on payment to the retirement system of an amount equal to the contributions refunded to the person under Subsection (g).
(f) Not later than the 30th day after the date of a person's conviction for a qualifying felony, the school at which the person was employed shall provide written notice of the conviction to the retirement system. The notice must comply with rules adopted by the board of trustees under Subsection (k).
(g) A person who is not eligible to receive a service retirement annuity under Subsection (c) is entitled to a refund of the person's retirement annuity contributions, including interest earned on those contributions.
(h) Benefits payable to an alternate payee under Chapter 804 who is recognized by a domestic relations order established before September 1, 2017, are not affected by a person's ineligibility to receive a retirement annuity under Subsection (c).
(i) On conviction of a person for a qualifying felony, a court may, in the interest of justice and in the same manner as in a divorce proceeding, award any portion or all of the service retirement annuity forfeited by the person as the separate property of an innocent spouse if the annuity is partitioned or exchanged by written agreement of the spouses as provided by Subchapter B, Chapter 4, Family Code. The amount awarded to the innocent spouse may not be converted to community property.
(j) Ineligibility for a retirement annuity under this section does not impair a person's right to any other retirement benefit for which the person is eligible.
(k) The board of trustees of the retirement system shall adopt rules and procedures to implement this section.
(l) A court shall notify the retirement system of the terms of a person's conviction of a qualifying felony.
Added by Acts 2017, 85th Leg., R.S., Ch. 178 (S.B. 7), Sec. 17, eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 221 (H.B. 375), Sec. 2.21, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 1129 (H.B. 4520), Sec. 3, eff. September 1, 2023.