SECTION 138.3. Filing the Claim

(a) Upon determination by the Department that assistance is payable to an eligible survivor under Section 615.024 of the Texas Government Code, and verification of beneficiary information, the Department shall certify the following information on agency letterhead and submit the certification to Employees Retirement System (ERS) to initiate the payment process:

(1) Name of decedent;

(2) Date of death;

(3) Status of decedent at the time of death (i.e., State Active Duty and Specific Mission);

(4) Line of Duty determination: Yes/No; and

(5) Certification of Eligibility: Yes/No

(b) The Adjutant General or designee will serve as the certifying official for purposes of the Department certification.

(c) In addition to the Department certification, the following documentation must be submitted to ERS:

(1) a copy of the decedent's state active duty orders;

(2) a certified copy of the death certificate;

(3) a copy of the decedent's United States Department of Defense Form DD-93 for an individual in the Texas National Guard; or for the Texas State Guard, a Texas Military Department Record of Emergency Data form that provides emergency data comparable to that on the United States Department of Defense Form DD-93; and

(4) the name(s) and contact information for the beneficiary or beneficiaries to receive payment.

(d) Claims submitted to ERS by the Department will be processed for payment to the eligible beneficiary in accordance with Texas Government Code Chapter 615 and, as applicable, ERS Rule related to the filing of claims, 75 TAC §75.1.

Source Note: The provisions of this §138.3 adopted to be effective January 28, 2024, 49 TexReg 281