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DEB (LEGAL)

Compensation and Benefits: Fringe Benefits

Duty Weapon,

Badge, and Uniform

On the death of a peace officer employed by a political subdivision of the state or institution of higher education, including a college district, the employing governmental entity shall provide, at no cost, the deceased person’s duty weapon, if any, and badge to the individual’s designated beneficiary, or estate if the individual did not designate a beneficiary. A governmental entity that employs the peace officer shall provide the individual a form on which the individual may designate the individual’s beneficiaries for purposes of this section. If a peace officer or other employee described by Government Code 615.103 dies and is to be buried in the individual’s uniform, the employing governmental entity shall provide the uniform at no cost. Gov’t Code 615.003, .102–.103

Benefits for Cancer,

Acute Myocardial

Infarction, or Stroke

This section applies only to a peace officer who retires from a law enforcement agency with at least 50 peace officers.

A political subdivision, including a college district, shall provide to a peace officer who retires from the political subdivision a critical-illness supplemental income benefit or comparable health benefit plan coverage in accordance with Government Code 607.153 if the peace officer is diagnosed with cancer as described by Government Code 607.055 or acute myocardial infarction or stroke as described by Government Code 607.056 not later than the third anniversary of the date the peace officer retires.

Gov’t Code 607.055-.056, .152, .153(a)

Exception

This section does not apply to a political subdivision that provides to a peace officer who retires from the political subdivision a health benefit plan that is comparable in coverage and cost to the retiree as the health benefit plan the political subdivision provided to the retiree on the day before the date the retiree retired. Gov’t Code 607.153(e)

Survivor Benefits

Notice to the

Employees

Retirement System

Not later than the 30th day after the date of the death of an individual listed under Government Code 615.003, including an individual elected, appointed, or employed as a peace officer by a college district or other political subdivision of the state, that occurs in the performance of duties in the individual’s position as described by

Government Code 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 (ERS) proof of the death in the form and with additional evidence and information required by the board. The employing entity shall furnish the required evidence and information regardless of whether the employing entity believes the individual’s death satisfies the eligibility requirements established under Government Code 615.021(a)(1). Gov’t Code 615.003, .041

State Payment of

Assistance

A survivor of an individual listed under Government Code 615.003, including an individual elected, appointed, or employed as a peace officer by a college district or other political subdivision of the state, is eligible for the payment of assistance from the state, as described by Government Code 615.022, if the listed individual died

as a result of a personal injury sustained in the line of duty in the individual's position; and the survivor is the surviving spouse of the listed individual; a surviving child of the listed individual, if there is no surviving spouse; or a surviving parent of the listed individual, if there is no surviving spouse or child. Gov’t Code 615.003, .021(a),

.022

Continuation of

Health Insurance

A survivor of an individual listed under Government Code 615.071, including an individual elected, appointed, or employed as a peace officer by a college district or other political subdivision of the state, is entitled to purchase or continue to purchase health insurance coverage under Government Code Chapter 615, Subchapter D if

the listed individual died as a result of a personal injury sustained in the line of duty in the individual's position; and the survivor is the surviving spouse of the listed individual, as described by Government Code 615.073; or a dependent of the listed individual, as described by Government Code 615.073. Gov’t Code 615.003, .071-

.074

Notice

An employing entity shall provide written notice to an eligible survivor of the survivor’s rights under Government Code Chapter 615, Subchapter D not later than the 10 day after the date of the decedent’s death. Not later than the 150th day after the decedent’s death, the employing entity shall send a subsequent written notice by certified mail to any eligible survivor who has not already elected to purchase or continue to purchase coverage on or before that date. 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.

Gov’t Code 615.075

DATE ISSUED: 10/16/2025

UPDATE 50

DEB(LEGAL)-PJC

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