Texas Administrative Code
Title 34 - PUBLIC FINANCE
Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM
Chapter 121 - PRACTICE AND PROCEDURE REGARDING CLAIMS
Section 121.15 - Hearing of Conflicting and Protested Claims
Current through Reg. 49, No. 12; March 22, 2024
(a) Where a party, pursuant to § 121.12 of this title (relating to Contest of Application: Form and Content) has filed an statement contesting a pending application, the issues presented shall be heard as a "contested case" in accordance with the provisions of the Administrative Procedure Act (Chapter 2001, Government Code) and the following rules adopted by the Board.
(b) Upon a written request by a party or upon motion by the director or the board of trustees, the director may issue subpoenas addressed to the sheriff or any constable to require the attendance of witnesses and the production of books, records, papers, or other objects that may be appropriate for purposes of a deposition or hearing.
(c) If different persons make claim to any benefit which the system concedes is payable, or if a party challenges the competency or right of a member to dispose of such a benefit in accordance with the latest written designation executed by the member and filed with the system, the director may decline any decision on the issues between the opposing claimants and file an appropriate action (including without limitation an action in interpleader) in Travis County District Court, making the opposing claimants parties and may tender payment of the benefits through the court to the party adjudged entitled to it.
