34 Tex. Admin. Code § 129.13 - Form of Qualified Domestic Relations Order

(a) The system has prescribed forms that are pre-approved by the system as meeting the requirements of Texas Government Code § 804.003 and this chapter for a qualified domestic relations order. The prescribed forms are available on the system's website and upon request. The prescribed forms incorporate by reference the definitions set forth in this chapter and the provisions set forth in § 129.14 of this title (relating to Provisions Incorporated by Reference). The system may reject any domestic relations order submitted to the system that does not utilize the applicable prescribed form.

(b) It is the responsibility of the parties to insert the correct information in the appropriate form prescribed by the system in the appropriate places and to provide the system with a certified copy of the order after it has been entered by a court of competent jurisdiction.

(c) If "accumulated contributions" is shown in the order to be the basis for division, then the term "community property ratio" as used in the prescribed form shall mean the ratio that contributions and interest deposited to participant's individual account with the system between the dates shown bears to participant's total contributions and interest at time of retirement or withdrawal of accumulated contributions. Interest (including interest earned after the date of the divorce) will be divided in accordance with § 129.6 of this title (relating to Order Should Divide All Benefits).

(d) If "total credited service" is shown in the order to be the basis for division, then the term "community property ratio" as used in the prescribed form shall mean the ratio that participant's credited service between the dates shown bears to participant's total credited service at time of retirement or withdrawal of accumulated contributions.

(e) The order shall not be considered qualified unless it clearly reflects which of the ratios described above, as applicable, is intended to be used in computing the division of benefits.

(f) All required sections of the prescribed form must be completed in order to be qualified.

Notes

34 Tex. Admin. Code § 129.13

The provisions of this §129.13 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