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TITLE 34PUBLIC FINANCE
PART 5TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM
CHAPTER 109DOMESTIC RELATIONS ORDERS
RULE §109.2Definitions

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

  (1) Accumulated contributions--The contributions, other member deposits, and interest credited to a member's individual account in the employees saving fund. Accumulated contributions do not include employer matching or any employer-provided credits.

  (2) Act--Texas Government Code, Title 8, Subtitle F, as amended.

  (3) Actuarial present value--The value of a benefit that, as computed by the system in its sole discretion, is consistent with §841.001(1) of the Act.

  (4) 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. The alternate payee's information is subject to the confidentiality provisions in §845.115 of the Act.

  (5) Benefits--Any of the payments or benefits described in §109.12 of this title.

  (6) Domestic relations liaison--A person (who may or may not be an employee of the system) who is designated by the director of the system to receive and take action concerning domestic relations orders that are sent or delivered to the system.

  (7) Domestic relations order--Any judgment, decree, or order (including one which approves a property settlement agreement) which:

    (A) relates to the provision of child support, temporary support, or marital property rights to a spouse, former spouse, child, or other dependent of a member or former member of the system; and

    (B) is made pursuant to the Texas Family Code or any other applicable domestic relations or community property law.

  (8) Participant--A member, former member of the system who has sums of money on deposit with the system or who is or may become entitled to receive any benefit from the system based on membership in the system, or a former member of the system who has commenced receiving a monthly benefit from the system.

  (9) Parties--The participant and all alternate payees named in a domestic relations order.

  (10) Vested--A participant is vested when he or she has earned the right to receive a lifetime monthly benefit in the future under the terms of the plan.


Source Note: The provisions of this §109.2 adopted to be effective January 29, 1988, 13 TexReg 305; amended to be effective January 1, 1990, 14 TexReg 6677; amended to be effective April 30, 2015, 40 TexReg 2281; amended to be effective January 1, 2018, 42 TexReg 2341; amended to be effective January 1, 2019, 43 TexReg 7182

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