34 Tex. Admin. Code § 77.7 - Spousal Consent Requirements
(a) The provisions
of this section apply to the Judicial Retirement System of Texas Plan One and
the Judicial Retirement System of Texas Plan Two. The selection by a member of
a service retirement annuity other than a joint and survivor annuity that pays
benefits to the spouse of the member on the death of the member is not
effective unless the member's spouse consents to the selection or it is
established to the satisfaction of the system that:
(1) there is no spouse; or
(2) the spouse cannot be located.
(b) Should the spouse of the
member be judicially declared incompetent, the consent required by this section
shall be given by the spouse's legal guardian. The consent of a spouse who is
incapable of giving his or her consent as required by this section may be given
by a legal representative of the spouse only if the executive director or a
person designated by the executive director determines:
(1) that the spouse is incapable of giving
his or her consent; and
(2) the
person or persons qualify as the legal representative of the spouse.
(c) The consent required by this
section must be in writing on a form prescribed by the Employees Retirement
System of Texas and acknowledged before a notary public.
(d) The provisions of this section apply only
to service retirement annuities.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.