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All of the benefit information below has been complied by COPS, a support group for police survivors.
Rev. 04/05
STATE OF TEXAS
DEATH BENEFITS
To obtain certified copies of registered personal documents, contact the Texas
Department of Health, Bureau of Vital Statistics, 1100 W. 49th Street, Austin, TX
78756-3191, phone (512) 458-7111. In Texas, the county clerk can also supply this
information. Larger municipalities may also have a local Bureau of Vital Statistics.
STATE DEATH BENEFITS
Death benefits are provided for survivors of Law Enforcement Officer Art. 6228f, V.C.S.
entitled "Survivors of Law Enforcement Officers".
For line-of-duty death occurring prior to September 1, 2001, the state shall pay $50,000 to an
eligible surviving spouse. Surviving dependent parent(s) may also receive a state death
benefit.
For deaths occurring on or after September 1, 2001, the state shall pay $250,000 to the
eligible surviving spouse. If there is no spouse, this amount will be divided equally among
surviving children. If there is no eligible surviving spouse or children, the benefit will be paid
in equal shares to surviving parents.
Additionally, The state will pay funeral expenses related to the deceased officer provided the
officer had not qualified for an annuity under an employees' retirement plan.
Contact the Texas Employee Retirement System, Member Benefits Division, Survivor
Benefits Unit, P. O. Box 13207, Austin, TX 78711-3207, telephone (512)476-6431 or
(800)252-3645.
STATE PENSION BENEFITS
Members of the Employees Retirement System of Texas (ERST) and also of the Law
Enforcement Custodial Officer Supplemental Retirement Fund have pension benefits for
their survivors.
Prompt notification of death should be made, and to expedite the filing of this claim, the
following information should be furnished:
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(1) Sworn statement by the surviving spouse making application for
the death benefits, giving the name of the deceased spouse, the
date of death, name and ages of all minor children involved
together with the address of the surviving spouse and children.
(2) Certified copies of the investigative reports relating to the fatal
injury (if available).
(3) Certified copies of death certificate.
(4) Certified copy of the Coroner's Report if any.
(5) Affidavits from any witnesses detailing the facts of the fatal injury
(if available).
(6) Sworn statement from the head of the employing agency stating
that at the time of the fatality the deceased officer was employed
full time as a Law Enforcement Officer and that the deceased was
on duty at the time of the fatal accident, and that death was the
result of risk or hazard inherent in his employment.
(7) Certified copy of the marriage license showing marriage between
the surviving spouse and the deceased.
(8) A statement from a responsible physician, who has examined the
surviving female spouse, as to whether or not she is pregnant.
(9) Sworn statements from two substantial persons who are qualified
to say that they had known the deceased a number of years
intimately enough to know whether either has been married
previously, and the names and the approximate ages of their
children, if any.
(10) Certified copies of court orders granting divorce for either the
deceased or the surviving spouse, if any.
(11) Certified copies of Birth Certificates for minor children involved.
(12) If a guardianship is involved, certified copies of all guardianship
papers.
For deaths occurring after September 1, 2001, the surviving spouse and minor children of an
officer killed in the line of duty who had not qualified for an annuity under an employees'
retirement shall receive a monthly annuity from the State.
For specific information concerning your particular situation contact the State Board of
Trustees, Employees Retirement System of Texas, 1800 San Jacinto Street, Austin, Texas
78701.
In Texas, police officers in big cities have their own municipal retirement systems. All the
different police pension systems offer death benefits and in general differentiate between onduty
and off-duty deaths. Contact the Benefits Assistance Officer of your agency for
specific information.
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EDUCATION BENEFITS
Texas Education Code Article 54.204
Children of peace officers killed or disabled in the line of duty prior to September 1, 2001, are
exempt from all dues, fees and charges, not including room or board, at any public college in
Texas. This exemption covers 120 undergraduate semester credit hours.
A child must apply initially for the exemption before (s)he reaches 21 years of age, or age 22
if eligible to participate in a school district's special education program. (S)he must meet the
entrance requirements of the college and maintain a scholastic average adequate to be in good
standing.
For line-of-duty deaths that occur on or after September 1, 2001, education benefits are
expanded. Eligible survivors include a surviving spouse as well as surviving children
provided the children were claimed as dependents on the income tax return filed with the IRS
by the deceased officer in the year preceding the year of death. Survivors must be enrolled as
full-time students to be eligible.
Eligible survivors are exempt from tuition and fees until receipt of a bachelor's degree or
200 hours of course credit, whichever occurs first. Additionally, if the student elects to reside
in housing provided by the institution of higher education and qualifies to reside in that
housing, the student will be exempt from charges for food and housing. If no school
housing is available, the student will be paid the equivalent amount for food and housing. The
student shall also be reimbursed the cost of textbooks.
For additional information or to apply for this educational assistance contact the Texas
Higher Education Coordinating Board, Assistant Commissioner for Student Services,
P.O. Box 12788, Austin, Texas 78711; or call (800)242-3062 or (800)242-6344 or
(512)427-6344.
POLICE CORPS SCHOLARSHIP FUNDS
The Police Corps is administered by the Office of the Police Corps and Law Enforcement
Education (OPCLEE), within the Office of Justice Programs, US Department of Justice, in
partnership with participating States that have submitted an approved State Plan. Information
can be found at www.ojp.usdoj.gov/opclee.
The Police Corps awards scholarships and reimburses educational expenses to students who
agree to work in a State or local police force for at least four years. Students must pursue an
undergraduate or graduate degree in a course of study which, in the judgment of the State or
local police force to which the participant will be assigned, includes appropriate preparation
for police service. Police Corps funds cover education expenses (including tuition, fees,
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books, supplies, transportation, room and board, and miscellaneous expenses) up to $7,500
per academic year, with a limit on total payments to any student of $30,000.
Police Corps scholarship funds are also available to dependent children of law
enforcement officers killed in the line of duty if the death occurred within the state after
that state was approved to participate in the Police Corps program. In Texas, the death
must have occurred since April 1997. These scholarships may be applied to any course
of study, without any service or repayment obligation.
Police Corps participants are selected on a competitive basis by each State under regulations
prescribed by OPCLEE.
For more information, contact: James Heironimus, 936-294-3344, 281-480-7750 (fax),
policecorps@shsu.edu, www.texaspolicecorps.org.
HEALTH BENEFITS
The surviving spouse and surviving dependents of Texas law enforcement officers killed in
the line of duty are entitled to purchase continued health insurance benefits. The surviving
spouse is entitled to continue to purchase health insurance coverage until the earlier of:
(1) the date the surviving spouse remarries; (2) the date the surviving spouse becomes eligible
for group health insurance through another employers; or (3) the date the surviving spouse
becomes eligible for federal Medicare benefits.
Surviving dependent minor children are entitled to continue health insurance coverage until
the dependent: (1) reaches the age of 21 years; or (2) becomes eligible for group health
insurance through another employer.
Surviving dependents who are not minor children are entitled to continue health insurance
coverage until the earlier of: (1) the date the dependent marries; (2) the date the dependent
becomes eligible for group health insurance through another employer; or (3) the date the
dependent becomes eligible for federal Medicare benefits.
Survivors may elect to continue coverage at any level of benefits currently offered by the
employing entity to dependents of an active employee. Eligible survivors who are entitled to
continued coverage are entitled to purchase the coverage at the group rate for that coverage
that exists at the time of payment.
Contact the Benefits Assistance Officer at your agency to continue group health
insurance coverage.
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WORKERS' COMPENSATION
Workers' Compensation coverage is elective for employers in Texas.
Workers' Compensation will pay the following death benefits when a law enforcement officer
is killed in the line of duty:
(1) Will pay up to $2,500 for funeral expenses which can be paid
directly to the funeral home handling the burial arrangements.
(2) Will pay up to a maximum of $480 per week to the surviving
spouse if there are no surviving minor children.
(3) If the officer is survived by any minor children, Workers'
Compensation will then mandatorily divide the payment, paying
a portion each week to the child until the child reaches the age
of 18, or marries, or beyond age 18 if disabled, or until the child
reaches the age of 25 if full-time students. If there are two or more
children, the weekly amount must equally be divided among them.
(4) At such time as all dependent children become of age or leave
home, the surviving spouse will receive a weekly benefit
thereafter.
(5) If the surviving spouse remarries, then they must take a two-year
lump sum and weekly benefits cease. The minor child or
children would continue to receive the weekly benefit until
reaching the maximum age.
(6) If the officer was single and had never been married, the parents
(if living) or next of kin, if financially dependent upon the officer,
are entitled to receive cash settlement under Workers' Compensation
up to a maximum of $480 per week for 364 weeks.
Workers' Compensation benefits are calculated based on the officer's average salary for the 13
weeks immediately prior to death.
To file for Workers' Compensation the officer's survivors, or their representative should
contact the Industrial Accident Board. To file the claim, the following information will be
needed:
(1) Full name of the deceased and age.
(2) Social Security number of the deceased.
(3) Date and time of injury.
(4) Description of injuries received.
(5) Date and time of death.
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(6) Exact cause of death.
(7) Hourly wage rate and weekly wage average of the deceased.
(8) Full name and age of surviving spouse.
(9) Full names, ages, dates of birth, and marital status of children.
(10) Date of marriage and copy of marriage certificate.
(11) Names, addresses, and dates of marriage and divorce or death of
previous spouses if the deceased was married more than once.
(12) Copy of the death certificate.
(13) If the deceased was not married, then the name and the address
of parents, if living, or next of kin.
Workers' Compensation benefits will begin approximately two weeks after the date of filing.
Contact the Texas Workers' Compensation Commission, 400 South IH-35, Austin, TX
78704-7491, telephone (512) 448-7900.
PERSONAL LIFE POLICIES
Property of intestate decedent, real or personal, leaving no surviving spouse, passes as
follows, each class of which member is living taking to exclusion of subsequent classes: (1)
To children and their decedents; (2) to parents equally, but if only one survives, one-half to
survivor and one-half to brothers and sisters of decedent and their decedents, but if none all to
surviving parent; (3) to brothers and sisters and their descendants, (4) in equal moieties to
paternal and maternal kindred as follows: (a) to grandfather and grandmother equally, if
living; (b) if only one survives, one-half to survivor and one-half to descendants of other, but
if there are no such descendants, all to survivor; (c) if no surviving grandparents, to their
descendants; (d) and in same manner without end, to nearest lineal ancestors and their
descendants.
No corruption of blood or forfeiture of estate exists by reason of conviction of crime, except
beneficiary of life insurance policy convicted in death and insured nor is there forfeiture
because of death by casualty or self destruction.
Heirs of the same degree take per capita, descendants of deceased members of the class taking
per stripes.
In case of death of a joint tenant, his estate does not survive to remaining joint tenants but
descends to his heirs as in other cases, unless tenancy is by agreement in writing.
Spouses may agree in writing that all or part of community property becomes property of
surviving spouse upon death of spouse.
Surviving spouse takes as follows: If there be issue, one-third of deceased spouse's separate
real property for life and one-third of personalty absolutely; if there be no issue but surviving
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parents or descendants of parents, one-half of realty and all of personalty; if there be no
surviving issue, parents, or brothers or sisters or their descendants, entire estate.
ADDITIONAL BENEFITS
Duty Weapon and Badge
On the death of a Texas law enforcement officer, the employing governmental entity shall
provide, at no cost, the deceased individual’s duty weapon, if any, and badge to the
individuals designated beneficiary or to the estate if the individual did not designate a
beneficiary. The governmental entity that employs the law enforcement officer shall provide
the individual a form on which the individual may designate the individual’s beneficiaries for
the purposes of this benefit. Contact your agency.
Burial with Uniform
If a Texas law enforcement officer dies and is to be buried in the individual’s uniform, the
employing governmental entity shall provide the uniform at no cost. Contact your agency.
PEER SUPPORT
Established in 1984, Concerns of Police Survivors, Inc. (COPS), is a national, non-profit
organization that works with law enforcement agencies, police organizations, mental health
professional, and local peer-support organizations to provide assistance to surviving families
of law enforcement officers killed in the line of duty. COPS has become a "lifeline" to police
survivors nationwide.
Texas Chapters:
Metroplex COPS, Mrs. Stephanie Duplantis, Chapter Director, 867 Celeste Lane, Keller,
TX 76238, 817-337-5020, metroplex@texascops.org.
Greater Houston COPS, Mrs. Cathy Hill, President, PO Box 1642, Spring, TX 77383,
(281)300-4131, cathyjhill@sbcglobal.net.
South Texas COPS, Mrs. Jennifer Morgan, President, 24035 Seven Winds, An Antonio,
TX 78258, 830-980-1743, jenniferjmorgan@hotmail.com.
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THE 100 CLUB, Inc.
Established in 1953, the 100 Club benefits all Harris, Austin, Chambers, Fort Bend,
Galveston, Liberty, Montgomery, Walker, and Waller County Law Enforcement Peace
Officers and any State or Federal Law Enforcement Officer located and discharging
duties in those counties and, further, brings financial aid to the families of those officers
losing their lives in the line of duty. Contact: The 100 Club, Inc., 1233 West Loop South,
Suite 1250, Houston, TX 77027, telephone (713)952-0100, fax (713)952-0181.
The 100 Club of Central Texas was established in 1983. The Club provides financial, legal
and emotional support to families of law enforcement officers killed in the line of duty. Area
of coverage includes Travis, Williamson, Bastrop, Hays and Caldwell Counties. Contact:
The 100 Club of Central Texas at 8500 Bluffstone Cove, Bldg A-200, Austin, TX 78759,
telephone (512) 345-3200, fax (512) 345-3215, or email Executive Vice President Ginger
MacMicking at gmacmicking@100clubcentex.com.
**If the employee is a member of any professional organizations, a life insurance policy may
be included in membership dues.
The Fleetwood Memorial Foundation
Mr. W.I. Fleetwood established the Fleetwood Memorial Foundation in 1974 out of
gratitude and respect for the men and women of Texas who dedicates their lives to the safety
of the public. The Foundation's purpose is to provide virtually instant no-strings-attached
grants of $10,000 to certified Texas Law Enforcement or Fire Protection Personnel who are
injured in the performance of their duties or to the families of such personnel who are killed in
the performance of their duties. These grants are designed to provide immediate financial
relief to meet unexpected expenses until insurance or more permanent sources of funds can be
arranged. Funds are available for education expenses to re-educate qualified personal if they
are unable to return to their normal duties after an accident. Educational funds for college are
also available to the dependent children of deceased Peace and Fire personal.
The Fleetwood Foundation has provided over 400 grants to qualified recipients totaling nearly
$1,500,000 since inception in 1974. Application for Fleetwood grants may be made by any
Texas law enforcement or fire protection agency, on behalf of qualified personnel
injured or killed in the performance of their duty. The Fleetwood Foundation, 501 South
Fielder Rd., Arlington, Texas 76013, fax (817) 261-2368, phone (817) 261-8954,
www.fleetwoodmemorial.org/middle.html.
All of the benefit information above has been complied by COPS, a support group for police survivors.
Contact the National Office of Concerns of Police Survivors, Inc. for additional information, or to support any of COPS' programs.
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