Texas Administrative Code
Title 34 - PUBLIC FINANCE
Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM
Chapter 109 - DOMESTIC RELATIONS ORDERS
Section 109.5 - Contents of Domestic Relations Order
Universal Citation: 34 TX Admin Code ยง 109.5
Current through Reg. 49, No. 38; September 20, 2024
(a) A domestic relations order should clearly specify:
(1) the full name and address of the
participant and each alternate payee covered by the order, and attached to the
order must be a Statement of Confidential Information which includes their
respective social security numbers, dates of birth, and other contact
information;
(2) the alternate
payee's interest in the plan which, in the case of an active participant, must
be stated as a percent of participant's accumulated contributions that accrued
during the marriage, and which includes future interest earned on the portion
of accumulated contributions awarded to alternate payee. A domestic relations
order that is entered after the participant has retired under a service or
disability retirement must clearly specify that participant's annuity is
divided into two single life annuities as described in §109.6
of this title, with one such life annuity being the alternate payee's interest
in the plan; and
(3) whether the
order applies only to benefits under this system or, if not, to what other
plans the order applies, and in what manner.
(b) A domestic relations order does not meet the requirements of this chapter for qualified domestic relations orders if:
(1) it purports to require the system to
provide any type or form of benefit, or any option, not otherwise authorized
under the Act;
(2) it purports to
require the system to make any payment of any benefit or portion thereof at a
time not otherwise authorized under the Act;
(3) it purports to require the payment of
benefits to an alternate payee which are required (or purported to be required)
to be paid to another alternate payee under another order previously determined
by the system to be a qualified domestic relations order under this chapter
(including any such order so determined on an informal basis prior to adoption
of this chapter); or
(4) it is
worded in a manner that does not advise the system (taking into account the
provisions of the Act, the wording of the order, and the provisions of this
chapter) in clear and unambiguous language as to what portion of the benefits
that otherwise might be or become payable to the participant (or to the
participant's designee or estate) are to be paid to each alternate payee under
the order.
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