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RULE §109.5Contents of Domestic Relations Order

(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.

Source Note: The provisions of this §109.5 adopted to be effective January 29, 1988, 13 TexReg 305; amended to be effective April 30, 2015, 40 TexReg 2281

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