Burden of Proof

Sec. 842.114. BURDEN OF PROOF. (a) A person disputing the validity of a form, application, or other document filed with the retirement system has the burden of proving the document to be false, fraudulent, or otherwise invalid. (b) A person seeking a correction based on an error caused by an act or omission of the retirement system or a subdivision has the burden of proving the error and the act or omission causing the error. (c) A person described by Subsection (a) or (b) has the burden of showing: (1) reasonableness and diligence in discovering the invalidity or error; and (2) timeliness in notifying the retirement system or the appropriate subdivision. Added by Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 14, eff. January 1, 2008.