Skip to main content
Find a Lawyer

Texas Government Code - GOV'T § 825.502. Payment of Contributions to a Member Absent From Service

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) If a demand for the accumulated contributions of a member with fewer than five years of service has not been made in accordance with Section 822.005 before the seventh anniversary of the member's last day of service, the retirement system shall return to the member or to the member's heirs all accumulated contributions of the member.

(b) If the member or the member's heirs cannot be found after complying with the policy adopted under Subsection (c), the member's accumulated contributions are forfeited to the retirement system.  The retirement system shall credit the amount forfeited to the retired reserve account.

(c) The board of trustees shall adopt a policy requiring the retirement system to make all reasonable efforts to locate and notify a member or, if appropriate, the member's heirs of their entitlement to a return of accumulated contributions under this section.  The policy must ensure that the:

(1) notice:

(A) provides information on how a member or the member's heirs, as appropriate, may withdraw the accumulated contributions, including information on how to effectuate a withdrawal through an election to receive a direct rollover of the contributions to an eligible retirement plan;  and

(B) is initially sent to the member by certified mail, return receipt requested, at the last known address of the member according to the system's records;  and

(2) procedure used to locate a member or the member's heirs:

(A) requires, at a minimum, that the system conduct Internet searches to determine a current and accurate mailing address of the member or the member's heir and send a notice that complies with Subdivision (1) to the member or the member's heir, as applicable, by certified mail, return receipt requested;  and

(B) employs a matrix based on defined factors for determining on a graduated scale the degree and type of additional effort required, and those efforts must include:

(i) contacting the member's designated beneficiary;

(ii) obtaining information from consumer reporting agencies;  and

(iii) using commercial locating services.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Texas Government Code - GOV'T § 825.502. Payment of Contributions to a Member Absent From Service - last updated January 01, 2024 | https://codes.findlaw.com/tx/government-code/gov-t-sect-825-502/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard