Disability Retirement Benefit in Texas Law

Disability Retirement Benefits under Texas Law

Benefits that are accumulated as a result of long-term employment are normally governed by the "Employee Retirement Income Security Act" (ERISA). Enacted in 1974 this legislation was designed to protect employee benefits.

If you are unable to continue working due to a disability you may be entitled to disability retirement benefits. Unfortunately, many times companies have a greater interest in protecting their bottom line than they do caring for their retired employees.

Although the type of coverage varies from employer to employer, members of public service such as those in law enforcement and the military are guaranteed benefits by law in those cases where disability is the cause of discharge or retirement. Military retirement pay may not include disability pay. If a service member becomes disabled they may elect to apply for Veterans Administration disability benefits instead of military disability retirement benefits.

You may also be able to apply for Social Security disability benefits. In order to be eligible for Social Security disability benefits you must be able to prove that you are disabled as defined by the Social Security Administration. You must also have either earned enough work credits to be considered insurer under the SSDI program or your income and assets must be low enough to qualify for SSI.

Public employees such as teachers are covered under the Teacher Retirement System of Texas. TRS administers benefits as a qualified pension trust under the Internal Revenue Code. The pension provides disability retirement as well as death and survivor benefits to eligible Texas public education employees and their beneficiaries.

Federal employees may be covered under the federal worker disability retirement program (FERS). This type of retirement is governed by federal statutes.

The Texas Government code also allows for optional disability retirement benefits that are paid as an annuity.