If you disagree with a determination about your pension benefits, you can file an appeal with TRS to request reconsideration of that determination. This page provides general information regarding the pension benefits appeal process, including what an appeal is, who can file an appeal, and what happens after you send your appeal to TRS.
If you have an appeal concerning TRS-Care or TRS-ActiveCare, you should contact TRS-Care or TRS-ActiveCare at 1-888-237-6762
What is an appeal?
An appeal is a request for reconsideration of a determination made by TRS Pension Benefits Services regarding your benefits or TRS member account. Some examples of determinations that may be appealed include but are not limited to:
- A determination that a retiree exceeded limits on Employment After Retirement
- A determination that a retiree did not properly submit a retirement application in time for their selected retirement date
- A determination that an active member did not qualify for service credit in a particular school year
Appeals do not include complaints.
What is the difference between an appeal and a complaint?
A complaint is a communication that involves a dissatisfaction with TRS’ actions or inaction in service, while an appeal is a request for reconsideration of a specific determination regarding your pension benefits. For example, a report of a negative customer service experience would be considered a complaint. Complaints are addressed through a different process than appeals. For more information or to file a complaint, please contact the TRS Ombuds (ombuds@trs.texas.gov) or complete the Contact TRS form through Compact with Texans.
Does the appeals process described here apply to all pension benefits appeals?
The process described on this page applies to an appeal of most pension benefits determinations. However, if you have an appeal about any of the following issues, your appeal may follow a different process and you should contact TRS for more information:
- Whether a domestic relations order is a qualified domestic relations order (QDRO)
- Eligibility for disability retirement
- Whether a court with jurisdiction over the marriage of a retiree and the beneficiary of an optional annuity selected by the retiree or an optional disability annuity selected by the retiree has approved or ordered a change in retirement plan under §824.1012, Government Code, or a change in beneficiary under §824.1013, Government Code.
Who can appeal?
TRS rules require that an appeal can only be filed by a person who is “adversely affected” by a TRS determination, such as a TRS member, retiree, or beneficiary. Another person cannot appeal on your behalf unless they are your agent, your guardian, or your attorney.
How do I start an appeal?
If you wish to appeal a pension benefits determination, you may do so by contacting TRS in writing. Your appeal letter should describe the determination that you are appealing and the reasons that you are requesting the determination be reconsidered. You may also include any documentation that supports your appeal with your appeal letter. You may also fax your written appeal to 512-542-6597.
If you choose to send your appeal via US Mail, you can direct it to: Teacher Retirement System of Texas 1000 Red River Street Austin, Texas 78701
Your TRS Participant ID number must be included on any correspondence that you send by mail or fax to TRS.
Do I need an attorney to appeal?
No, you do not need an attorney to appeal a TRS determination, but you can have an attorney represent you if you choose. If you retain an attorney before or during the appeals process, TRS will communicate with that attorney on your behalf during your appeal.
Is there a fee to appeal at TRS?
No, TRS does not charge a fee to appeal.
What happens after I send my appeal letter to TRS?
Appeal to the Department Director: Your appeal will first be sent to the appropriate department director, who will review your letter, any supporting documentation that you included with your letter, along with TRS records before issuing a decision to grant or deny your appeal.
Appeal to the Chief Benefits Officer (CBO): If your appeal is denied by the department director, you may appeal the decision of the department director to the CBO. You may include additional supporting documentation with your appeal to the CBO. The CBO will then grant or deny your appeal and the decision of the CBO is the final administrative decision of TRS.
Request for Hearing: If you disagree with the final administrative decision, then you may send TRS a request for a hearing at the State Office of Administrative Hearings (SOAH). The request is considered by the TRS Chief Operating and Administrative Officer (COAO). If the COAO grants your request, your appeal will be sent to SOAH for a hearing in front of an Administrative Law Judge. Reasons that the COAO might not grant your request include that TRS does not have the ability to grant the relief you are requesting, or that TRS does not have jurisdiction to continue your appeal.
What happens if my appeal is sent to the State Office of Administrative Hearings (SOAH)?
If the COAO grants your request for a hearing at SOAH, TRS will refer the case to SOAH, where it will be assigned to an Administrative Law Judge (ALJ). SOAH’s administrative hearing rules and procedures will govern how the case proceeds while it is in front of the ALJ. See the SOAH rules here.
After your hearing, the ALJ will issue a Proposal for Decision (PFD), in which the ALJ will recommend granting or denying your appeal. The ALJ will then send the PFD to the TRS Executive Director. The Executive Director will review the PFD and issue a decision to grant or deny your appeal. The decision of the Executive Director is the final decision of TRS unless you appeal to the TRS Board of Trustees.
How do I appeal to the TRS Board of Trustees?
If you disagree with the Executive Director’s decision, you may appeal the decision to the TRS Board of Trustees. You may have a hearing before the Board on your appeal, but you will not be able to present any new evidence except for what was submitted during the SOAH hearing. The Board of Trustees will then issue a decision granting or denying your appeal.
Where can I find the TRS Rules regarding appeals?
The administrative rules governing pension benefits appeals at TRS are found in Title 34, Chapter 43, Texas Administrative Code.