Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 109 - DOMESTIC RELATIONS ORDERS › Section 109.14 - Provisions Incorporated by Reference

Current through Reg. 49, No. 28; July 12, 2024
An order on the form set forth in §
									109.13
				  of this title (relating to Form of Qualified Domestic Relations Order)
				  expressly incorporates all of the following by reference.
(1) The order shall not be interpreted in any
				way to require the Plan to provide any type or form of benefit or any option
				not otherwise provided under the Plan.
(2) The order shall not be interpreted in any
				way to require the Plan to provide increased benefits determined on the basis
				of actuarial value.
(3) The order
				shall not be interpreted in any way to require the Plan to pay any benefits to
				an/any Alternate Payee named in the order which are required to be paid to
				another alternate payee under another order previously determined to be a
				qualified domestic relations order.
(4) If the Plan provides for a reduced
				benefit upon "early retirement," the order shall be interpreted to require
				that, in the event of Participant's retirement before normal retirement age,
				the benefits payable to Alternate Payee shall be reduced in a proportionate
				amount.
(5) The order shall not be
				interpreted to require the designation of a particular person as the recipient
				of benefits in the event of Participant's death, or to require the selection of
				a particular benefit payment plan or option.
(6) In the event that, after the date of the
				order, the amount of any benefit otherwise payable to Participant is increased
				as a result of amendments to the law governing the Plan, Alternate Payee shall
				receive a proportionate part of such increase unless such an order would
				disqualify the order under the rules the Plan has adopted with regard to
				qualified domestic relations orders.
(7) In the event that, after the date of the
				order, the amount of any benefit otherwise payable to Participant is reduced by
				law, the portion of benefits payable to Alternate Payee shall be reduced in a
				proportionate amount.
(8) If, as a
				result of Participant's death after the date of the order, a payment is made by
				the Plan to Participant's estate, surviving spouse, or designated
				beneficiaries, which payment does not relate in any way to Participant's length
				of employment or accumulated contributions with the Plan, but rather is purely
				a death benefit payable as a result of employment or retired status at the time
				of death, no portion of such payment is community property, and Alternate Payee
				shall have no interest in such death benefit.
(9) If the board of trustees of the Plan has
				by rule provided that, in lieu of paying an alternate payee the interest
				awarded by a qualified domestic relations order, the Plan may pay the alternate
				payee an amount that is the actuarial equivalent of an annuity payable in equal
				monthly installments for the life of the alternate payee, or a lump sum, then
				and in that event the Plan is authorized to make such a payment under the
				order.
(10) All payments to
				Alternate Payee under the order shall terminate upon Alternate Payee's death,
				and Alternate Payee's beneficiary may be entitled to a benefit under
				§109.12.
(11) All benefits
				payable under the Plan, other than those payable to Alternate Payee as provided
				in a qualified domestic order, shall be payable to Participant in such manner
				and form as Participant may elect in his/her sole and undivided discretion,
				subject only to Plan requirements.
(12) Alternate Payee must report any
				retirement payments received on any applicable income tax return, and must
				promptly notify the Plan of any changes in Alternate Payee's mailing address.
				The Plan is authorized to issue a Form 1099R on any direct payment made to
				Alternate Payee.
(13) Participant
				is designated a constructive trustee for receiving any retirement benefits
				under the Plan that are due to Alternate Payee but paid to Participant.
				Participant must pay the benefit defined in this paragraph directly to
				Alternate Payee within three days after receipt by Participant. All payments
				made directly to Alternate Payee by the Plan shall be a credit against this
				order.
(14) The Court retains
				jurisdiction to amend the order so that it will constitute a qualified domestic
				relations order under the Plan even though all other matters incident to this
				action or proceeding have been fully and finally adjudicated.