| (5) The alternate payee's interest in the benefits
payable by TRS on behalf of the defendant, established in a QDRO approved
by TRS before September 1, 2017 or entered pursuant to §824.009(i),
Government Code, terminates at the earlier of the death of the defendant
or the alternate payee. In the event the defendant elected an optional
annuity retirement plan, the alternate payee shall receive the portion
awarded in the QDRO of the benefit amount payable to the beneficiary
of the optional annuity but benefits shall not be paid to the beneficiary.
The alternate payee's interest in the benefits payable by TRS under
an optional annuity retirement plan terminates at the earlier of the
death of the beneficiary or the expiration period, or the alternate
payee as required in §804.101, Government Code. If there are
any remaining unpaid excess accumulated contributions or any DROP
account balance awarded to the alternate payee under the terms of
the QDRO remaining at the time of the alternate payee's death, the
unpaid excess accumulated contributions and unpaid remaining DROP
balance are payable to the defendant or the defendant's estate.
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