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Who Qualifies under Chapter 615
Eligible Individuals
The Texas Legislature enacted Chapter 615 of the Government Code of Texas to provide death benefits for eligible survivors of certain public employees killed in the line of duty. This
program is administered by the Employees Retirement System of Texas and is funded by the State of Texas. It is not a part of any retirement program.
This program may be available to survivors of the following individuals:
Peace officers (As defined by Article 2.12 of the Criminal Procedure Code)
A certification from the Texas Commission on
Law Enforcement Officer Standards and Education that the decedent was a Commissioned Peace Officer certified by that commission.
A custodial officer of the Texas Department of Criminal Justice (TDCJ)
Eligible probation officers
A certification from the district judge or judges for whom the decedent worked or who
appointed the decedent, that the descendent had the qualifications and duties set out in Section 10, Article 42.12, Texas Code of Criminal Procedures, 1965, as amended.
Parole officers employed by TDCJ
Jailers or guards of county jails
An employee subject to certification by the Texas Commission on Fire Protection
A member of an organized volunteer fire fighting, police reserve or auxiliary unit
Eligible emergency medical personnel
The decedent was employed by a political subdivision of the state,
performed emergency medical services or operated an ambulance, and was qualified as an emergency medical technician or at a higher level or training under Section 773.047, 773.048, 773.049, Health and
Safety Code.
A juvenile correctional employee of the Texas Youth Commission
Eligible employees of the Texas Department of Mental Health and Mental Retardation
Eligible personnel whose primary duties are aircraft crash and rescue fire fighting
To be eligible to receive death benefits under Chapter 615, the deceased individual must have suffered a death
that occurred during the performance of his or her duty and resulted from exposure to a risk inherent in the particular duty performed or a risk to which the general public is not customarily exposed.
There are no age or length of service eligibility requirements for this benefit.
It is not the department's responsibility to determine whether or not an individual is eligible for this
benefit. It is the departments task to collect and complete the necessary paperwork allowing the Employees Retirement System of Texas to make that determination.
Additional Benefits
In the event of the death of a peace officer or custodial officer of TDCJ, the surviving spouse may be eligible to receive a monthly annuity.
He or she also may receive a benefit up to but not to exceed $6000.00 for funeral expenses. If there is no spouse, the benefit will be paid to the guardian of any minor children.
Education Benefit Section 54.204
Texas Education Code - Legal
When referencing or researching this education benefit the key word is EXEMPTION.
Exemption of Children of Certain Firemen, Peace Officers, Employees of the Texas Department of Corrections, and Game Wardens
Disabled or Deceased in the line of duty
from Payment of Fees
(a) In this section:
(1) "Eligible employee" means a full-paid or volunteer fireman, or a
full-paid municipal, county
or state peace officer, or a custodial employee of the Texas Department of Corrections, or
a game warden.
(2) "Disability" means inability to engage in any substantial gainful activity by reason of
any medically determinable physical or mental impairment which can be expected to result
in death or to be of long-continued and indefinite duration. An individual shall not be
considered to be under a disability unless he furnishes such proof of its existence as may
be required.
(b) The governing board of each institution of higher education shall exempt from the payment of
all dues, fees, and charges any person whose parent is an eligible employee who has suffered
an injury, resulting in death or disability, sustained in the line of duty according to the
regulations and criteria then in effect governing the department or agency in which he was
employed. The
exemption does not apply to general property deposits or to fees or changes for
lodging, board, or clothing.
(c) A person is not entitled to the exemption if the person:
(1) does not apply initially for the exemption before the date the person:
(a) becomes 21 years of age if the person is not covered by Paragraph (b) or
(b) becomes 22 years of age, if the person is eligible to participate in a school
district's special education program under Section 29.003
(2) does not meet all entrance requirements of the institution; or
(3) does not maintain a scholastic average sufficient to remain in good standing.
(d) A person may receive an exemption
only for the first 120 undergraduate semester credit hours
for which the person registers.
(e) A person is not entitled to an exemption for any term or semester the person begins after the
date the person becomes 26 years of age.
(f) A person entitled to an exemption under the provisions of this section shall, when transferring from a public junior college to a public senior college
or university, meet the
standard entrance requirements required by the senior college or university of an applicant for
admission not covered by the provisions of this section.
(g) An
eligible employee whose injury results in a disability shall submit to a physical examination by a physician designated by the United States Social Security Administration to conduct physical
examinations and to make disability reports to the Social Security Administration. If the physician decides the injury received has resulted in a disability, he shall certify this fact to the head of the
department which employs the employee.
(h) The head of the department which employed the eligible employee at the time he sustained the injury shall file a certificate with the Texas Higher
Education Coordinating Board on a form prepared by the board for this purpose. The head of the department shall attach the certificate of the examining physician if an examination is required by
Subsection (g)of this section. A copy of the certification on file with the Coordinating Board is sufficient evidence for the institution to grant the exemption.
Texas Higher Education Coordinating Board
Ms. Angela Crowder
P.O. BOX 12788, Capitol Station
Austin, Texas 78711
Phone: (512) 427-6344
Fax: (512) 427-6420
Toll-Free: (800) 242-3062
Web: http://www.collegefortexans.com
How Do You Apply?
Obtain a sample letter from the Texas Higher Education Coordinating Board.
Have the parent's prior employer complete the sample letter on official letterhead.
Submit the letter to the Texas Higher Education Coordinating Board.
The Texas Higher Education Coordinating Board will notify the College or
University of the student's eligibility.
Education Benefits after 09-01-2000
Educational Benefits Chapter 615.0225 - legal
House Bill 877, 77th Texas Legislature, 2001
Educational Benefits, Government Code, Section 615.0225
Relating to the benefits provided to the surviving spouse and minor children of certain public employees killed in the line of duty on or after September 1, 2000.
Subchapter B, Chapter
615, Government Code, is amended by adding Section 615.0225 to read as follows:
(a) A person is eligible to receive education benefits under this section if the person is:
(1) a surviving spouse; or
(2) a surviving child, if the child was claimed as a dependent on the income tax return filed with the Internal Revenue Service by the listed individual in the year
preceding the year in which the listed individual died.
(b) An eligible person who enrolls as a full-time student at an institution of higher education as defined by Section 61.003, Education
Code, is exempt from tuition and fees at that institution of higher education until the student receives a bachelor's degree or 200 hours of course credit, whichever comes first.
(c) If the
students elects to reside in housing provided by the institution of higher education and qualifies to reside in that housing, the institution shall pay from the general revenue appropriated to the
institution the cost of the students contract for and housing until the student receives a bachelor's degree or 200 hours of course credit, whichever occurs first. If there is no space available in
the institution's housing, the institution shall, from the general revenue appropriated to the institution, pay to the student each month the equivalent amount that the institution would have
expended had the student lived in the institution's housing. The institution is not required to pay the student the monthly payment if the student would not qualify to live in the institution's
housing.
(d) The institution of higher education shall, from the general revenue appropriated to the institution, pay to the student the cost of the student's textbooks until the student
receives a bachelor's degree or 200 hours of course credit, whichever occurs first.
Web: http://www.collegefortexans.com
Educational Exemption under Chapter 615
Higher education benefits, which may include exemption from tuition, housing, textbooks, and fees at
qualified Texas institutions of higher education, may be available to the surviving
spouse or surviving children. They must have been claimed as dependents on the income tax return filed with the Internal Revenue Service by the deceased in the year preceding the year of death. Contact
the Texas Higher Education Coordinating Board for more information. Key word: EXEMPTIONS
Angela Crowder
Texas Higher Education Coordinating Board
Austin, Texas
Phone: 512-427-6344
Web: http://www.collegefortexans.com
Information Search - Financial Aid/Exemptions
Web-site operated by Texas Higher Education Coordinating Board provides information pertaining to the exemptions afforded to
spouses and children of certain deceased Peace Officers, Employees of the Texas Department of Corrections, and Game Wardens from Payment of Fees. This exemption must be used at a Texas public institution.
To obtain information on the exemptions under Texas Education Code 54.204 or Government Code 615.0225 under www.collegefortexans.com and follow these steps:
Paying for college
Types of Financial Aid
Exemptions
For the Surviving Spouse and Dependent Children of Certain Deceased Public Servants(Employees)
Texas Public Institutions
Universities
Community Colleges
Technical Colleges
Health Related Institutions
State Colleges
Multi-Intuitional Teaching Centers (MITCs)
This listing will provide information on available schools, address, phone numbers, and
websites for the financial aid and admissions offices.
Web: http://www.collegefortexans.com
How Do You Apply?
Contact the registrar's office at the Texas public college or university you are or will be attending for information on claiming this
exemption. Students must be able to provide proof of meeting the program's eligibility requirements.
Death Benefit $250,000.
Texas Law Enforcement
Death benefits are provided for the survivors of certified Texas Law Enforcement Officers in the Government Code under Chapter 615 titled Financial Assistance to Survivors of Certain Law
Enforcement Officers, Fire Fighters, and Others.
For a line of duty death occurring prior to September 1, 2001 the state shall pay $50,000.00 to an eligible spouse, child(ren), or surviving
dependent parent(s).
For deaths occurring on or after September 1, 2000 the state shall pay $250,000.00 to the eligible surviving spouse. If there is no spouse, this amount will be divided equally
among surviving children. If there is no eligible surviving spouse or children the benefit will be paid in equal shares to surviving parents.
Additionally, the state will pay funeral expenses
related to the deceased officer provided the officer had not qualified for an annuity under an employees' retirement plan.
This is non-taxable income.
Employees Retirement System of Texas
Member Benefits Division - Survivor Benefits Unit
P.O. Box 13207
Contact: Deborah Kelley
Austin, Texas 78711-3207
Phone: (512)-867-7360
Fax: (512) 867-7438
Toll-Free: 800-252-3645 ext 7360
Web: http://www.ers.state.tx.us
Monthly Payments
Minor children (under 18) may also receive a monthly benefit. Payments are paid to the appointed guardian or legal representative, based on the number of surviving minor children:
One child - $200.00 per month
Two children - $300.00 per month
Three or more children - $400.00 per month
These monthly payments are non-taxable income.
Survivors Benefits Section
Customer Benefits Division
Employees Retirement System of Texas
P.O. Box 13207
Austin, Texas 78711-3207
Phone: 512-867-7711
Toll-Free: 877-275-4377
Web: www.ers.state.tx.us
What Is Required to Apply?
To apply for death benefits under Chapter 615, you will be required to provide documents that verify:
The individual's death,
The death occurred during the performance of
the individuals duty and resulted from exposure to a risk inherent in the particular duty performed or a risk to which the general public is not customarily exposed.
The individual held a position covered by the terms of Chapter 615,
Marriage between the decedent and the surviving spouse,
Parentage of the surviving children,
Guardianship of the
estates of the minor children, if the children do not reside with a natural parent, and
Funeral expenses.
The applicant (department) may be asked to furnish other required documentation. If
a parent is making the claim, documents verifying relationship will also be required.
License Plate
Special License Plate
Section 502.289, Transportation Code, is amended to read as follows:
(a) The department shall issue specially designed license plates for a vehicle owned by:
(1) a person wounded in the line of duty as a peace officer; or
(2) a surviving spouse, parent,
brother, sister, or adult child, including an adopted child or stepchild, of a person killed in the line of duty as a peace officer.
The License plate fee is $20.00, in addition to the regular
registration fee prescribed by law.
The Personalized license plate fee is $60.00 ($20.00 plus $40.00 personalized plate fee), in addition to the regular registration fee prescribed by law.
ALLOW SIX TO EIGHT WEEKS FOR NOTIFICATION OF APPROVAL.
APPLICATION FORMS are available at your local County Tax Assessor-Collector office.
To obtain the special license plates, you must
surrender your current license plates to the County Tax Assessor-Collector. The regular registration fee must be paid to the County Tax Assessor-Collector.
FORWARD APPLICATION AND FEE TO:
Texas Department of Transportation
Vehicle Titles and Registration Division
Austin, Texas 78779-0001
Texas State Flag
Law Enforcement Service
Texas Occupation Code Chapter 1701 Subchapter 5 Section 1701.161
A Texas State Flag will be provided at no cost to the next of kin at the time of the officer's death, if the peace
officer was a current or former Texas Peace Officer. Requests for flags are to be made to the Texas Commission on Law Enforcement Officer's Standards and Education.
This flag will be provided
for retired peace officers', previous law enforcement personnel who changed careers who are no longer a commissioned peace officer, and line of duty death. This flag is in gratitude for your service
to the State of Texas.
Texas Commission on Law Enforcement Officer's Standards and Education
TCLEOSE
6330 U.S. Highway 290 East Suite 200
Austin, Texas 78723
Phone: (512) 936-7700
Fax: (512) 936-7714
Web: http://www.tcleose.state.tx.us
Legal
Duty Weapon and Badge
Texas Vernon Civil Statues Government Code Chapter 615.102(b) On the death of an individual listed as a Texas Peace Officer the employing governmental entity shall provide, at no cost, the
deceased individual's duty weapon, if any, and badge to the individual's (1) designated beneficiary; or (2) estate if the individual did not designate a beneficiary (c) A governmental entity that
employs an individual listed shall provide the individual a form on which the individual may designate the individual's beneficiaries for purposes of this section. (d) A Governmental entity is not
liable for damages caused by the use or misuse of a duty weapon provided to a designated beneficiary or estate under this section.
Burial with Uniform
Texas Vernon Civil Statues Government Code Chapter 615.103(b) if an individual listed in Subsection (a) dies and is to be buried in the individual's uniform, the employing governmental
entity shall provide the uniform at no cost to the survivor.
Burial Flag
Texas Occupation Code Chapter 1701 Subchapter 5 Section 1701.161 A Texas State flag will be provided at no cost to the next of kin at the time of the officers' death, if the peace
officer was a current or former Texas Peace Officer. Requests for flags are to be made to the Texas Commission on Law Enforcement Officers' Standards and Education.
Texas Commission on Law Enforcement Officers' Standards and Education
TCLEOSE
6330 U.S. Highway 290 East, Suite 200
Austin, Texas 78723
Phone: (512) 936-7700
Fax: (512) 936-7714
Web: www.tcleose.state.tx.us
Accumulation and Payment of Sick Leave
Accumulation and Payment of Sick Leave Local Government Code Section 143.045, Municipal Officers and Employees, Title 5. This section concerns accumulation and payment of sick leave for
police officers under the civil service system. (d) ALL ACCUMULATED TIME THE DECEASED OFFICER HAS MUST BE PAID IN FULL BY THE EMPLOYER.
The employer can not set a limit on the amount of days or hours the officer accumulated. At the time of the officers' death the amount must be paid to the estate or individual the
officer may have listed as a beneficiary.
(d) To facilitate the settlement of the accounts of deceased fire fighters and police officers, all unpaid compensation, including all accumulated sick leave, due at the time of death to
an active fire fighter or police officer who dies as a result of a line of duty injury or illness, shall be paid to the person in the first applicable category of the following prioritized list:
(1) to the beneficiary or beneficiaries the police officer designated in writing to receive the compensation and filed with the commission before the person's death;
(2) to the police officer's widow or widower;
(3) to the police officer's child or children and to the descendants of a deceased child by representation;
(4) to the police officer's parents or to their survivors, or
(5) to the properly appointed legal representative of the police officer's estate, or in the absence of a representative, to
the person determined to be entitled to the payment under the state law of descent and distribution.
(e) Payment of compensation to a person in accordance with Subsection (d) is a bar to recovery
by another person.
(The municipality would be unable to place a lien on accumulative time for reimbursement of medical treatment under Workers' Compensation Laws.)
Local Government Code
Section 143.045
Accumulation and Payment of Sick Leave
Municipal Officers and Employees
Title 5
Health Insurance
Chapter 615
Health Insurance
An eligible surviving spouse may be entitled to continued health benefits until the spouse remarries, becomes eligible for group health
insurance through employment or becomes eligible for federal Medicare benefits.
And eligible surviving minor child may be entitled to continue health insurance until the child reaches age 18 or becomes eligible for group
health insurance through employment.
An eligible surviving non-minor dependent may be entitled to continue health insurance until the day he/she marries, becomes eligible for
group health insurance through employment or becomes eligible for federal Medicare benefits.
The dependents do not have to be on the employees health insurance.
Government Code – Legal
Section 615.071 - 615.104
Survivors are eligible to health insurance coverage on the deceased officers' health insurance plan originating under the Texas Employees Uniform Group Insurance Benefits Act - Article
3.50-2 Vernon's Texas Insurance Code September 1, 1993. The employer of the deceased officer shall by law provide written notice to an eligible survivor no later than the 10th day after the date of
the officers' death. To receive continued coverage the survivor must inform the employing entity no later than the 90th day after the death to continue or not to continue coverage. The survivor does
not have to be on the deceased officers' insurance to obtain this benefit it is one of many options. This is state law and if you need legal assistance contact the District Attorneys' Office or
the Texas Attorney Generals' Office.
Coverage originated under Vernons' Civil Statues Articles 6228f.1 and 6228f.2 effective September 1,1993. Under Senate Bill 959 the death benefits language was codified or moved into
the Government Code effective September 1, 1995. Subchapter D Sections 615.071 - 615.104.
Section 5.13 (a) Chapter 615, government code is amended to codify Articles 6228f.1 and
Revised Statutes, as added by Sections 6 and 7, Chapter 572, Acts of the 73rd
Legislature, 1993, and to conform to Sections 3 through 5, Chapter 572, Acts
of the 73rd Legislature, 1993, by adding Subchapters D and E to read as
follows:
SUBCHAPTER D HEALTH INSURANCE COVERAGE FOR ELIGIBLE SURVIVORS
Section 615.071 APPLICABILITY
This subchapter applies only to eligible survivors of:
(1) an individual listed in Section 615.003(1),(6) or (7);or
(2) and individual listed in Section 615.003(10)or(11) who is
employed by a political subdivision of the state.
Section 615.072 ELIGIBLE SURVIVORS
A survivor of an individual listed under Section 615.071 is eligible for the
health insurance benefits provided under this subchapter if:
(1) the listed individual died in the course of the individual's duty performed
in the individual's position as described by Section 615.071 as a result
of exposure to a risk.
(a) that is inherent in the duty; or
(b) to which the general public is not customarily
exposed; and
(2) the survivor is;
(a) the surviving spouse of the listed individual; or
(b) a dependent of the listed individual.
Section 615.073 BENEFIT TO SURVIVING SPOUSE
(a) an eligible surviving spouse of a deceased individual listed in Section 615.071 who was employed by
the state is entitled to purchase continued health insurance benefits under the Texas Employees Uniform Group Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance Code), as provided by
this subchapter.
(b) An eligible surviving spouse of a deceased individual listed in Section 615.071 who was employed by a political subdivision of the state is entitled to purchase continued
health insurance benefits from the political subdivision that employed the deceased individual, including health coverage:
(1) provided by or through a political subdivision under a self-insured
health benefits plan; or
(2) under Chapter 172, Local Government Code.
(c) The surviving spouse is entitled to continue to purchase health insurance coverage until the earlier of:
(1) the date the surviving spouse remarries;
(2) the date the surviving spouse becomes eligible for group health insurance through another employer; or
(3) the date the surviving spouse becomes eligible for federal Medicare benefits.
Section 615.074 BENEFIT TO DEPENDENT
(a) An eligible surviving dependent who is a minor child is entitled to continue health coverage until the dependent:
(1) reaches the age of 21 years;
(2) becomes eligible for group health insurance through another employer.
(b) An eligible surviving dependent who is not a minor child is entitled
to continued health insurance coverage until the earlier of:
(1) the date the dependent marries;
(2) the date the dependent becomes eligible for group health insurance through another employer; or
(3) the date the dependent becomes eligible for federal Medicare benefits.
Section 615.075 NOTICE
(a) An employing entity shall provide written notice to an eligible survivor to who this subchapter may apply of the survivor's rights under this
subchapter no later than the 10th day after the date of the decedent's death.
(b) If an eligible survivor is a minor child, the employing entity shall also, at the same time, provide the
notice to the child's parent or guardian, unless, after reasonable effort, the parent or guardian cannot be located.
(c) To receive continued coverage under this subchapter the
employing entity must be informed not later than the 90th day after the date the descendent died that the eligible survivor elect to continue coverage.
Section 615.076 LEVEL OF COVERAGE
(a)
An eligible survivor may elect to continue coverage at any level of benefits currently offered by the employing entity to dependents of an active employee.
(b) An eligible survivor may elect to
continue coverage at a reduced level of benefits if the employing entity offers that option.
Section 615.077 PAYMENTS;RATE
An eligible survivor who is entitled to continued coverage under
this subchapter is entitled to:
(1) make payment for the coverage or have payment made on the survivor's behalf at the same time and to the same entity that payments for coverage are made by
current employees of the employing entity; and
(2) purchase the coverage at the group rate for that coverage that exists at the time of payment.
Section 615.078 CERTAIN PRACTICES NOT PROHIBITED OR AFFECTED
This subchapter does not:
(1) prohibit an employing entity from uniformly changing the group health insurance plan or group health coverage plan provided for its employees and employees
dependents;
(2) affect the definition of a dependent or the eligibility requirements for a dependent under a plan;
(3) prohibit an employing entity from increasing the cost of group health
coverage to its employees and to eligible survivors covered under this subchapter to reflect any increased cost attributes to compliance with this subchapter;
(4) affect the right of a political
subdivision to self-insure or provide coverage under Chapter 172, Local Government Code.
Attorney General Opinions
Opinion No. 97-040
This letter of opinion was issued under Attorney General Dan Morales on April 24, 1997. Letter of opinion 97-040 is in reference to the
Continuation of health insurance benefits for survivors of deceased public safety officers. (ID# 39403) The request was made by State Representative Fred Hill on behalf of a survivor.
SUMMARY
If the Employees Retirement System of Texas determines that a survivor of a deceased public safety officer is entitled to receive cash assistance benefits pursuant to
Government Code chapter 615, the survivor is entitled to purchase continued health benefits from the local governmental entity that employed the officer. A local Governmental entity may conditionally
provide health insurance benefits to a survivor. If the Employees Retirement System later determines that the survivor is ineligible for benefits, the benefits may be discontinued. A local governmental
entity may charge an eligible survivor the insurance coverage rate charged to dependents of current employees.
Barbara Griffin, Assistant Attorney General, Opinion Committee
Web: http://www.oag.state.tx.us
Texas Attorney General Assistance
Obtaining an Opinion
Under the Texas State Government Code Sections 402.042 and 402.043 set out the state and local officials who are authorized to request formal
Attorney General opinions on questions of law. The Attorney General is prohibited by statute from giving a written opinion to anyone other than an authorized requestor. Authorized requestors include;
*the Governor
*the head of a department of state government
*the head or board of a penal institution
*the head or board of an eleemosynary institution
*the head of a state board
*a regent or trustee of a state educational institution
*a committee of a house of Texas Legislature
*a county auditor authorized by law
*the chairman of the governing board of a river authority
The Attorney General shall also advise a district or county attorney in certain instances in which the State is interested and certain requirements are met.
In the Texas Attorney
Generals' web page you can conduct a search for information under opinions that have already been issued in response to requests from certain officials and entities. Enter the information to allow
you to conduct a search. The opinion can then be printed for your information.
Information for specific rulings is contained under Attorney General Opinions in this web site.
John Cornyn
Texas Attorney General
Austin, Texas
Web: http://www.oag.state.tx.us
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