(a) A recital in a domestic relations order to the effect that it is a qualified domestic relations order is not sufficient to make it qualified under this chapter. To constitute an order a qualified domestic relations order under this chapter, an order must be determined, either by the system or by a court of competent jurisdiction, having actual knowledge of the provisions of this chapter, to meet the requirements set forth in this section and §109.5 of this title (relating to Contents of Domestic Relations Order). In making that determination, the order itself, and any clarification order entered by a court of competent jurisdiction, and any affidavits or agreements between the parties that are filed with the system may be taken into account.
(b) A qualified domestic relations order shall be signed by the participant and the alternate payee or, in the alternative, the order submitted to the system shall include proof that the participant and the alternate payee received a copy of the order.

Source Note: The provisions of this §109.4 adopted to be effective January 29, 1988, 13 TexReg 305; amended to be effective January 1, 2019, 43 TexReg 7182