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.
Current as of January 01, 2024 | Updated by Findlaw Staff
(a) A local board may require a member who is receiving a temporary disability retirement benefit to file a disability rating report every three months from a physician chosen by the local board. If a report indicates a significant improvement in condition, the local board, after notice and a hearing, may adopt an order to terminate temporary disability retirement benefit payments. The local board shall send a copy of each order adopted under this subsection to the executive director.
(b) Temporary disability benefits cease if:
(1) the recipient returns to work at the person's regular occupation, resumes scholastic studies, or performs emergency services or support services for any participating department or other entity; or
(2) the local board adopts an order under Subsection (d).
(c) Repealed by Acts 2019, 86th Leg., ch. 1165 (H.B. 3247), § 38(3).
(d) If the local board has reason to believe that a ground for termination of temporary disability retirement benefits exists, the local board may set a date for a hearing on the matter. The local board, after notice and a hearing, may adopt an order terminating temporary disability retirement benefits if the local board determines that a ground for termination exists. The local board may not adopt an order under this subsection on the basis of a physician's previously submitted statement as to the likely duration of the disability if the local board determines, after a hearing, that the disability continues. The local board shall send a copy of each order adopted under this subsection to the executive director.
(e) Repealed by Acts 2019, 86th Leg., ch. 1165 (H.B. 3247), § 38(3).
(f) Repealed by Acts 2019, 86th Leg., ch. 1165 (H.B. 3247), § 38(3).
(g) Repealed by Acts 2019, 86th Leg., ch. 1165 (H.B. 3247), § 38(3).
(h) A local board may require financial information from a person as a condition to the continued receipt of temporary disability retirement benefits, including federal income tax returns and wage earning forms. Failure to timely provide requested information is a ground for terminating benefits.
Cite this article: FindLaw.com - Texas Government Code - GOV'T § 864.005. Certification and Continuance of Disability - last updated January 01, 2024 | https://codes.findlaw.com/tx/government-code/gov-t-sect-864-005/
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.
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.
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.
Search our directory by legal issue
Enter information in one or both fields (Required)