(a) 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 and proportionate retirement benefits.

Source Note: The provisions of this §73.29 adopted to be effective November 23, 1989, 14 TexReg 5934; amended to be effective January 9, 2000, 24 TexReg 12073; amended to be effective June 10, 2014, 39 TexReg 4486