SECTION 76.6. Optional Cash Balance Retirement Benefits

(a) A retiring cash balance group member may elect to receive an optional cash balance annuity instead of a standard cash balance annuity.

(b) A person who selects an optional lifetime cash balance annuity must designate, before the selection becomes effective, one person to receive the annuity on the death of the person making the selection. A person who selects an optional cash balance annuity payable for a guaranteed period may designate, before or after retirement, one or more persons to receive the annuity on the death of the person making the selection.

(c) A person eligible to select an optional cash balance annuity under this section may select an option which provides that:

(1) after the retiree's death, the reduced annuity is payable in the same amount throughout the life of the person designated by the retiree before retirement;

(2) after the retiree's death, one-half of the reduced annuity is payable throughout the life of the person designated by the retiree before retirement;

(3) if the retiree dies before 60 monthly annuity payments have been made, the remainder of the 60 payments are payable to one or more beneficiaries or, if one does not exist, to the retiree's estate;

(4) if the retiree dies before 120 monthly annuity payments have been made, the remainder of the 120 payments are payable to one or more beneficiaries or, if one does not exist, to the retiree's estate; or

(5) after the retiree's death, three-fourths of the reduced annuity is payable throughout the life of the person designated by the retiree before retirement, subject to age adjustment factors that may be applicable under Treasury Regulation 1.401(a)(9)-6.

(d) If a beneficiary designated by a retiree under subsection (b) of this section predeceases the retiree and the retiree has elected an optional lifetime annuity, the reduced annuity shall be increased to the standard cash balance annuity that the retiree would have been entitled to receive if the retiree had not selected the optional annuity. The standard cash balance annuity shall be adjusted as appropriate for post-retirement increases in retirement benefits authorized by law since the date of retirement.

(e) Any increase in an annuity under subsection (d) begins with the payment for the month following the month in which the designated beneficiary dies, and the increased annuity is payable to the retiree for the remainder of the retiree's life.

(f) The computation of an optional cash balance annuity must be made without regard to the gender of the annuitant or designated beneficiary.

(g) Except as provided by Tex. Gov't Code §814.008(b), (c), or (d) or §76.7 of this chapter, a person who selected an optional cash balance annuity described by subsection (c)(1), (c)(2), or (c)(5) of this section may not change or revoke a beneficiary designation after the date of retirement.

(h) A beneficiary designation that names a former spouse as a beneficiary for a guaranteed optional cash balance annuity described by subsection (c)(3) or (c)(4) of this section is invalid unless the designation is made after the date of the divorce.

Source Note: The provisions of this §76.6 adopted to be effective September 14, 2022, 47 TexReg 5498