Section 123.12 - Affidavits of Heirship for Determination of Payments Due Heirs(a) Refund or Escheated Account Payable to an Estate. For purposes of making payments in accordance with §§854.501, and 855.603 of the Act, or required minimum distributions required by §401(a)(9) of the Internal Revenue Code and the regulations adopted under that provision, the system may, if no designated beneficiary survived the decedent and no small estate affidavit has been filed with the clerk of the court having jurisdiction and venue as provided by Chapter 205 of the Estates Code, accept instead an affidavit meeting the requirements of this section, sworn to by two disinterested witnesses, by the heirs who have legal capacity, and, if the facts warrant, by the natural guardian or next of kin of any minor or incompetent who is also an heir. (b) Deceased Retiree's or Annuitant's Estate. If no designated beneficiary survived the retiree or annuitant and no small estate affidavit has been filed with the clerk of the court having jurisdiction and venue as provided by Chapter 205 of the Estates Code, the system may accept an affidavit meeting the requirements of this section, sworn to by two disinterested witnesses, by the heirs who have legal capacity, and, if the facts warrant, by the natural guardian or next of kin of any minor or incompetent who is also an heir, for purposes of making any payment due to a retiree's or annuitant's estate. (c) Any affidavit, other than a small estate affidavit, shall include the names and addresses of the heirs and witnesses and establish these facts: (1) whether or not a surviving spouse of the deceased member exists; (2) no petition for the appointment of a personal representative of the deceased member is pending or has been granted; (3) 30 days have elapsed since the death of the deceased member; and (4) the value of the entire assets of the deceased member's estate, excluding homestead and exempt property, does not exceed $50,000. (d) The affidavit shall also: (1) include a list of the assets and liabilities of the estate; (2) show the facts that constitute the basis for the right of the heirs to receive the estate; and (3) show the fractional interests of the heirs in the estate as a result of those facts. (e) For purposes of this section, "heir" has the meaning assigned by §22.015 of the Estates Code, except that the term excludes any persons who have filed with the system a proper disclaimer or renunciation. (f) Acceptance of an affidavit that substantially complies with the requirements of this section rests in the sole discretion of the system. In accordance with §851.004 of the Act, the system, board of trustees, director, members of an advisory committee or medical board appointed by the board of trustees, and staff of the system shall not be liable for payment of benefits to heirs in accordance with an affidavit provided to the system. 34 Tex. Admin. Code § 123.12
Adopted by Texas Register, Volume 45, Number 46, November 13, 2020, TexReg 8172, eff. 11/19/2020