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TITLE 34PUBLIC FINANCE
PART 4EMPLOYEES RETIREMENT SYSTEM OF TEXAS
CHAPTER 74QUALIFIED DOMESTIC RELATIONS ORDERS
RULE §74.3Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

  (1) Alternate payee--A spouse, former spouse, child, or other dependent of a member or retiree who is recognized by a domestic relations order as having a right to receive all or a portion of the benefits payable by the system with respect to such member or retiree.

  (2) Benefits or benefits payable with respect to a member or retiree--Any annuity, partial lump sum distribution, or return of contributions authorized by the program provisions.

  (3) Board of trustees--The board of trustees of the Employees Retirement System of Texas.

  (4) Domestic relations order--Any judgment, decree, or order, including approval of a property settlement agreement, which relates to the provision of child support, alimony payments, or marital property rights to a spouse, former spouse, child, or other dependent of a member or retiree, and is made pursuant to a domestic relations law, including a community property law of the State of Texas or of another state.

  (5) Executive director--The executive director of the Employees Retirement System of Texas.

  (6) Program or program provisions--The program of payments of benefits, as defined in this section, and as established by the statutes, rules, procedures, and policies applicable to the system.

  (7) Qualified domestic relations order--A domestic relations order which creates or recognizes the existence of an alternate payee's right, or assigns to an alternate payee the right, to receive all or a portion of the benefits payable with respect to a member or retiree under the system, which directs the system to disburse benefits to the alternate payee, and which meets the requirements of Texas Government Code Ann. §804.003.

  (8) System--The Employees Retirement System of Texas, the Judicial Retirement System of Texas Plan I, and the Judicial Retirement System of Texas Plan II, administered by the board of trustees.


Source Note: The provisions of this §74.3 adopted to be effective November 23, 1989, 14 TexReg 5934; amended to be effective January 9, 2000, 24 TexReg 12073

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