Sec. 1575.003. DEFINITION OF DEPENDENT AND RELATED TERMS  


Latest version.
  • In this chapter:

    (1) "Dependent" means:

    (A) the spouse of a retiree;

    (B) an unmarried child of a retiree or deceased active member if the child is younger than 25 years of age, including:

    (i) an adopted child;

    (ii) a foster child, stepchild, or other child who is in a regular parent-child relationship; or

    (iii) a recognized natural child;

    (C) a retiree's recognized natural child, adopted child, foster child, stepchild, or other child who is in a regular parent-child relationship and who lives with or has his or her care provided by the retiree or surviving spouse on a regular basis regardless of the child's age, if the child has a mental disability or is physically incapacitated to an extent that the child is dependent on the retiree or surviving spouse for care or support, as determined by the trustee; or

    (D) a deceased active member's recognized natural child, adopted child, foster child, stepchild, or other child who is in a regular parent-child relationship, without regard to the age of the child, if, while the active member was alive, the child:

    (i) lived with or had the child's care provided by the active member on a regular basis; and

    (ii) had a mental disability or was physically incapacitated to an extent that the child was dependent on the active member or surviving spouse for care or support, as determined by the trustee.

    (2) "Surviving dependent child" means:

    (A) the dependent child of a deceased retiree who has survived the deceased retiree and the deceased retiree's spouse; or

    (B) the dependent child of a deceased active member who has survived the deceased member and the deceased member's spouse if the deceased member:

    (i) had contributions made to the group program at the last place of employment of the deceased member in public education in this state;

    (ii) had 10 or more years of service credit in the Teacher Retirement System of Texas; and

    (iii) died on or after September 1, 1986.

    (3) "Surviving spouse" means:

    (A) the surviving spouse of a deceased retiree; or

    (B) the surviving spouse of a deceased active member:

    (i) for whom contributions have been made to the group program at the last place of employment of the deceased member in public education in this state;

    (ii) who had 10 or more years of service credit in the Teacher Retirement System of Texas; and

    (iii) who died on or after September 1, 1986.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.414(b), (c), eff. Sept. 1, 2003. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 455 , Sec. 21, eff. September 1, 2011.