An employing entity must send the board proof of an eligible employee’s death within 30 days, and the board must review it; if the entity does not comply, the attorney general may seek mandamus or other legal means.
Sec. 615.041. CONSIDERATION AND DETERMINATION OF CLAIM; COMPELLED COMPLIANCE. (a) Not later than the 30th day after the date of the death of an individual listed under Section 615.003 that occurs in the performance of duties in the individual's position as described by Section 615.003 or as a result of an action that occurs while the individual is performing those duties, the individual's employing entity shall furnish to the board of trustees of the Employees Retirement System of Texas proof of the death in the form and with additional evidence and information required by the board. The employing entity shall furnish the evidence and information required under this subsection regardless of whether the employing entity believes the individual's death satisfies the eligibility requirements established under Section 615.021(a)(1). (b) The board of trustees shall consider the proof, evidence, and information provided under Subsection (a), and any additional information required by the rules adopted in accordance with Section 615.002, to determine whether the individual's death satisfies the eligibility requirements established under Section 615.021(a)(1) and justifies the payment of assistance to the individual's eligible survivors under this chapter. (c) If the individual's employing entity fails to comply with Subsection (a), the attorney general may use any means authorized by law, including filing suit for a writ of mandamus against the employer, to compel the employer's compliance with this section. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 50 (S.B. 423), Sec. 1, eff. May 12, 2011. Acts 2019, 86th Leg., R.S., Ch. 1049 (H.B. 872), Sec. 1, eff. September 1, 2019.