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.

Disability Retirement Benefit (Accident) in Texas Law

Family Code

Disability+retirement+benefit*

pertaining to net resources when considering child support

Government Code

Disability+retirement+benefit*

pertaining to report on major investment funds medical board or medical committee, injury leave for peace officers, definition of public retirement system, retirement eligibility based on combined of service credit, eligibility to transfer service credit, establishment of public retirement system, deposit refundable, use of military service credit,disability were term of benefits for employee class service, disability retirement benefits for peace officers, refund act annuity discontinuance, occupational disability retiree death benefits, return of excess contributions, survivor benefits, loss of monthly benefits, exceptions, involuntary termination of participation, termination of membership, eligibility for disability retirement annuity, eligibility for supplemental disability retirement annuity, conditions for benefits, optional occupational disability benefits program, application for occupational disability benefits, standard occupational disability retirement annuity, reports required of retirees, supplemental disability benefits funds, certification and continuing to disability,first payment of retirement or death benefit annuity, claim and appeal procedure, interruption of payments, medical board

Government Code

Disability+retirement+benefit*

pertaining to applicability, management or investment of state funds invested in public retirement systems

Local Government Code

Disability+retirement+benefit*

pertaining to evaluation of certain benefit programs, definition of public pension, employee plans

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John Q. Lawyer

Attorney at Law

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