Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 109 - DOMESTIC RELATIONS ORDERS › Section 109.9 - Order Appearing Not to Qualify

Current through Reg. 49, No. 28; July 12, 2024
(a) If, upon
				receipt of a domestic relations order, the domestic relations liaison is of the
				opinion that the order does not comply in all ways with the requirements for a
				qualified domestic relations order hereunder, the domestic relations liaison
				shall so state (in the notice to be sent under §
									109.3
				of this title (relating to Notice Regarding Receipt of Order)) and notify the
				parties that unless they commence action within 90 days to bring the order into
				compliance with the provisions of this chapter relating to qualified domestic
				relations orders the order will be determined not to be a qualified domestic
				relations order. If 60 days have elapsed and neither party has submitted
				documentation to the system reflecting that action has been commenced to bring
				the order into compliance, the domestic relations liaison will remind each
				party by first class mail that unless documentation has been submitted to the
				system showing that action has been commenced before the expiration of the
				90-day period the order will be determined not to be a qualified domestic
				relations order and the system will pay to the participant any sums that have
				been withheld up to that date, and shall thereafter make payment of benefits as
				if no order had been received by the system.
(b) If the domestic relations liaison has
				made an initial determination under this section that the order does not appear
				to qualify, the system nonetheless may (but shall not be required to) pay to
				the participant all or any portion of any benefits to which the participant
				appears entitled under the order. Any benefits not paid under this subsection
				shall be retained by the system until they are paid under one of the remaining
				subsections of this section.
(c) In
				the event that, in the opinion of the domestic relations liaison, the order is
				subsequently brought into compliance with the requirements of this chapter for
				qualified domestic relations orders, the domestic relations liaison shall so
				notify the parties in writing, and the system will thereafter pay the sums
				payable under the order in the manner set forth in the order, unless such order
				is subsequently set aside or modified by a court of competent
				jurisdiction.
(d) In the event that
				either party has timely commenced action in accordance with subsection (a) of
				this section and the domestic relations liaison determines after the expiration
				of 90 days from the date of mailing of the notice under §
									109.3
				of this title (relating to Notice Regarding Receipt of Order) that the order
				has not been brought into compliance with the requirements of this chapter for
				qualified domestic relations orders, the order is not a qualified domestic
				relations order. The domestic relations liaison shall so notify the parties in
				writing, and the system will pay to the participant any sums that have been
				withheld hereunder after the expiration of six months from the date the notice
				under §
									109.3
				of this title (relating to Notice Regarding Receipt of Order) was mailed
				(provided that upon good cause being shown prior to the expiration of such
				six-month period, the time for bringing the order into compliance may be
				extended for up to two additional six-month periods), and shall thereafter make
				payment of benefits as if no order had been received.
(e) Upon receipt of a subsequent order that
				the domestic relations liaison determines qualifies under this chapter, the
				system will make payment as therein described.
(f) Upon the expiration of 18 months from the
				date the domestic relations order was received, if the issue of whether or not
				the order is a qualified domestic relations order has not been resolved within
				that period of time, the system will pay to the participant all sums that have
				been withheld hereunder up to that date, and shall thereafter make payment of
				benefits as if no order had been received by the system.
(g) In accordance with the Act,
				§841.009, neither the system nor any officials to the system shall be
				liable for making any payment under this section.