34 Tex. Admin. Code § 129.5

Current through Reg. 49, No. 45; November 8, 2024
Section 129.5 - Contents of Domestic Relations Order
(a) A domestic relations order should clearly specify:
(1) the name, taxpayer identification number, and last known address of the participant and of each alternate payee covered by the order, provided that confidential personal information may be provided to the system through alternate methods in accordance with § 121.5 of this title (relating to Forms and Applications for Benefits, or Asserting Other Claims);
(2) the amount or percentage of the participant'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) the number of payments or period of time to which such order applies; and
(4) whether the order applies only to benefits under this system or, if not, to what other plans the order applies, and in what manner.
(b) A domestic relations order does not meet the requirements of this chapter for qualified domestic relations orders if:
(1) it purports to require the system to provide any type or form of benefit, or any option, not otherwise authorized under the Act;
(2) it purports to require the system to provide increased benefits determined on the basis of actuarial value;
(3) it purports to require the system to make any payment of any benefit or portion thereof at a time not otherwise authorized under the Act;
(4) it purports to require the payment of benefits to an alternate payee which are required (or purported to be required) to be paid to another alternate payee under another order previously determined by the system to be a qualified domestic relations order under this chapter (including any such order so determined on an informal basis prior to adoption of this chapter); or
(5) it is worded in a manner that does not advise the system (taking into account the provisions of the Act, the wording of the order, and the provisions of this chapter) in clear and unambiguous language as to what portion of the benefits that otherwise might be or become payable to the participant (or to the participant's designee or estate) are to be paid to each alternate payee under the order.

34 Tex. Admin. Code § 129.5

The provisions of this §129.5 adopted to be effective January 22, 2001, 26 TexReg 983; Adopted by Texas Register, Volume 47, Number 22, June 3, 2022, TexReg 3273, eff. 7/1/2022