34 Tex. Admin. Code § 74.7

Current through Reg. 49, No. 45; November 8, 2024

Section 74.7 - Requirements

A domestic relations order is a qualified domestic relations order only if such order:

(1) clearly specifies the name, and last known mailing address, if any, of the member or retiree and of each alternate payee covered by the order. Although the social security number of the member or retiree and each alternate payee is not required to be specified in the domestic relations order, the social security number or other valid tax identification number acceptable to the system must be provided by the member or retiree and each alternate payee to the system before the domestic relations order is determined by the system to be a qualified domestic relations order;

(2) clearly specifies the amount or percentage of the member's or retiree's benefits to be paid by the system to each such alternate payee or the manner in which such amount or percentage is to be determined;

(3) clearly specifies the number of payments or the period to which such order applies;

(4) clearly specifies that such order applies to the system;

(5) does not require the system to provide any type or form of benefit or any option not otherwise provided under the program;

(6) does not require the system to provide increased benefits determined on the basis of actuarial value;

(7) does not require the payment of benefits to an alternate payee which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order;

(8) does not require the payment of benefits to an alternate payee before the retirement of a member, the distribution of a withdrawal of contributions to a member, or other distribution to a member or retiree required by law;

(9) provides for a proportional reduction of the amount awarded to an alternate payee in the event of the retirement of the member before normal retirement age;

(10) does not purport to require the designation of a particular person as the recipient of benefits in the event of a member's or annuitant's death;

(11) does not purport to require the selection of a particular benefit payment;

(12) provides clearly for each possible benefit distribution under program provisions;

(13) does not require any action on the part of the system contrary to its program provisions other than the direct payment of the benefit awarded to an alternate payee;

(14) does not make the award of an interest contingent on any condition other than those conditions resulting in the liability of the system for payments under its program provisions;

(15) does not purport to award any future benefit increases that are provided or required by the legislature; and

(16) provides for a proportional reduction of the amount awarded to an alternate payee in the event that benefits available to the retiree or member are reduced by law.

34 Tex. Admin. Code § 74.7

The provisions of this §74.7 adopted to be effective November 23, 1989, 14 TexReg 5934; amended to be effective March 15, 2010, 35 TexReg 2201