Section 69.4 - Pre-Existing Qualified Domestic Relations Orders(a) If an elected official is subject to a qualified domestic relations order established prior to June 6, 2017, and the retirement of the elected official has caused benefits to be payable to the alternate payee prior to annuity termination, the system shall retain an actuarially determined portion of the person's remaining service retirement annuity contributions, including service purchase funds, with interest, in order to continue to satisfy the obligation to the alternate payee.(b) If a corrections officer is subject to a qualified domestic relations order established prior to June 10, 2019, and the retirement of the corrections officer has caused benefits to be payable to the alternate payee prior to annuity termination, the system shall retain an actuarially determined portion of the person's remaining service retirement annuity contributions, including service purchase funds, with interest, in order to continue to satisfy the obligation to the alternate payee.(c) An alternate payee described by subsection (a) or (b) of this section shall continue to receive the alternate payee's portion of the annuity. Annuity payments shall stop at the death of the elected official/corrections officer or the alternate payee, whichever is earlier. Any remaining portion of the elected official's or corrections officer's service retirement annuity contributions, including service purchase funds, shall be refunded with interest.(d) If an elected official or corrections officer does not retire prior to annuity termination, the system shall satisfy any obligation to an alternate payee under a qualified domestic relations order by paying the alternate payee a portion of a refund of the elected official's or corrections officer's service retirement annuity contributions, including service purchase funds, with interest.34 Tex. Admin. Code § 69.4
Adopted by Texas Register, Volume 46, Number 52, December 24, 2021, TexReg 9060, eff. 12/29/2021