34 Tex. Admin. Code § 123.12 - Affidavits of Heirship for Determination of Payments Due Heirs
(a) Refund or Escheated Account Payable to an
Estate. For purposes of making payments in accordance with §§854.501,
and 855.603 of the Act, or required minimum distributions required by
§401(a)(9) of the Internal Revenue Code and the regulations adopted under
that provision, the system may, if no designated beneficiary survived the
decedent and no small estate affidavit has been filed with the clerk of the
court having jurisdiction and venue as provided by Chapter 205 of the Estates
Code, accept instead an affidavit meeting the requirements of this section,
sworn to by two disinterested witnesses, by the heirs who have legal capacity,
and, if the facts warrant, by the natural guardian or next of kin of any minor
or incompetent who is also an heir.
(b) Deceased Retiree's or Annuitant's Estate.
If no designated beneficiary survived the retiree or annuitant and no small
estate affidavit has been filed with the clerk of the court having jurisdiction
and venue as provided by Chapter 205 of the Estates Code, the system may accept
an affidavit meeting the requirements of this section, sworn to by two
disinterested witnesses, by the heirs who have legal capacity, and, if the
facts warrant, by the natural guardian or next of kin of any minor or
incompetent who is also an heir, for purposes of making any payment due to a
retiree's or annuitant's estate.
(c) Any affidavit, other than a small estate
affidavit, shall include the names and addresses of the heirs and witnesses and
establish these facts:
(1) whether or not a
surviving spouse of the deceased member exists;
(2) no petition for the appointment of a
personal representative of the deceased member is pending or has been granted;
(3) 30 days have elapsed since the
death of the deceased member; and
(4) the value of the entire assets of the
deceased member's estate, excluding homestead and exempt property, does not
exceed $50,000.
(d) The
affidavit shall also:
(1) include a list of
the assets and liabilities of the estate;
(2) show the facts that constitute the basis
for the right of the heirs to receive the estate; and
(3) show the fractional interests of the
heirs in the estate as a result of those facts.
(e) For purposes of this section, "heir" has
the meaning assigned by §22.015 of the Estates Code, except that the term
excludes any persons who have filed with the system a proper disclaimer or
renunciation.
(f) Acceptance of an
affidavit that substantially complies with the requirements of this section
rests in the sole discretion of the system. In accordance with §851.004 of
the Act, the system, board of trustees, director, members of an advisory
committee or medical board appointed by the board of trustees, and staff of the
system shall not be liable for payment of benefits to heirs in accordance with
an affidavit provided to the system.
Notes
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