| (a) Where a party, pursuant to §101.12 of this title (relating
to Contest of Application: Form and Content) has filed an answer to 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 of trustees.
(b) If different persons make claim to any benefit which the
system concedes, 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 in a court of competent jurisdiction making the opposing claimants
parties and may tender payment through the court to the party adjudged entitled
to it.
(c) Upon a written request by a party or upon motion by the
director or the board, the director may issue subpoenas addressed to the sheriff
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.
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