Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 74 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 74.7 - Requirements

Current through Reg. 49, No. 28; July 12, 2024
A domestic relations order is a qualified domestic relations
				  order only if such order:
(1) clearly
				specifies the name, and last known mailing address, if any, of the member or
				retiree and of each alternate payee covered by the order. Although the social
				security number of the member or retiree and each alternate payee is not
				required to be specified in the domestic relations order, the social security
				number or other valid tax identification number acceptable to the system must
				be provided by the member or retiree and each alternate payee to the system
				before the domestic relations order is determined by the system to be a
				qualified domestic relations order;
(2) clearly specifies the amount or
				percentage of the member's or retiree's benefits to be paid by the system to
				each such alternate payee or the manner in which such amount or percentage is
				to be determined;
(3) clearly
				specifies the number of payments or the period to which such order
				applies;
(4) clearly specifies that
				such order applies to the system;
(5) does not require the system to provide
				any type or form of benefit or any option not otherwise provided under the
				program;
(6) does not require the
				system to provide increased benefits determined on the basis of actuarial
				value;
(7) does not require the
				payment of benefits to an alternate payee which are required to be paid to
				another alternate payee under another order previously determined to be a
				qualified domestic relations order;
(8) does not require the payment of benefits
				to an alternate payee before the retirement of a member, the distribution of a
				withdrawal of contributions to a member, or other distribution to a member or
				retiree required by law;
(9)
				provides for a proportional reduction of the amount awarded to an alternate
				payee in the event of the retirement of the member before normal retirement
				age;
(10) does not purport to
				require the designation of a particular person as the recipient of benefits in
				the event of a member's or annuitant's death;
(11) does not purport to require the
				selection of a particular benefit payment;
(12) provides clearly for each possible
				benefit distribution under program provisions;
(13) does not require any action on the part
				of the system contrary to its program provisions other than the direct payment
				of the benefit awarded to an alternate payee;
(14) does not make the award of an interest
				contingent on any condition other than those conditions resulting in the
				liability of the system for payments under its program provisions;
(15) does not purport to award any future
				benefit increases that are provided or required by the legislature;
				and
(16) provides for a
				proportional reduction of the amount awarded to an alternate payee in the event
				that benefits available to the retiree or member are reduced by law.