| (a) Where a party, pursuant to §121.12 of this
title (relating to Contest of Application: Form and Content) has filed
an statement contesting a pending application, the issues presented
shall be heard as a "contested case" in accordance with the provisions
of the Administrative Procedure Act (Chapter 2001, Government Code)
and the following rules adopted by the Board.
(b) Upon a written request by a party or upon motion
by the director or the board of trustees, the director may issue subpoenas
addressed to the sheriff or any constable to require the attendance
of witnesses and the production of books, records, papers, or other
objects that may be appropriate for purposes of a deposition or hearing.
(c) If different persons make claim to any benefit
which the system concedes is payable, or if a party challenges the
competency or right of a member to dispose of such a benefit in accordance
with the latest written designation executed by the member and filed
with the system, the director may decline any decision on the issues
between the opposing claimants and file an appropriate action (including
without limitation an action in interpleader) in Travis County District
Court, making the opposing claimants parties and may tender payment
of the benefits through the court to the party adjudged entitled to
it.
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