Action on a domestic relations order shall be taken in accordance with the provisions of this section.

(1) The executive director or executive director's designee has the exclusive authority to determine whether a domestic relations order is a qualified domestic relations order. Upon receipt of a certified copy of a domestic relations order, the executive director or executive director's designee shall determine whether such order is a qualified domestic relations order and shall notify the member or retiree and each alternate payee of the determination. (A) If the order is determined to be a qualified domestic relations order, benefits shall be paid in accordance with the order. (B) If the order is determined not to be a qualified domestic relations order, the member or retiree or any alternate payee named in the order may petition the court which issued the order to amend the order so that it will be qualified.

(2) A determination by the executive director or executive director's designee that an order is or is not a qualified domestic relations order is a final decision by the system. No appeal to the board of trustees is authorized. However, a member, retiree or alternate payee adversely affected by a determination of the executive director or executive director's designee must file a motion for reconsideration with the executive director no later than 20 days after the date the party is given notice of such determination if the party wishes to contest the determination.

(3) During any period in which the issue of whether a domestic relations order is a qualified domestic relations order is being determined, the system shall, if possible, separately account for the amounts, in this section referred to as the segregated amounts, which would have been payable to the alternate payee or alternate payees during such period if the order had been determined to be a qualified domestic relations order.

(4) If a domestic relations order is determined to be a qualified domestic relations order, then the system shall pay the segregated amounts without interest to the alternate payee or alternate payees entitled thereto and shall thereafter pay benefits pursuant to the order.

(5) If a domestic relations order is determined not to be a qualified domestic relations order or if within 18 months of the date a domestic relations order is received by the system the issue as to whether such order is a qualified domestic relations order is not resolved, then the system shall pay the segregated amounts without interest and shall thereafter pay benefits to the person or persons who would have been entitled to such amounts if there had been no order.

(6) All determinations made regarding a domestic relations order shall be prospective only, and the system shall not be required to retroactively segregate, approve a division of benefits, or pay benefits pursuant to a domestic relations order prior to the system's receipt of a domestic relations order that is determined to be qualified. Any determination that an order is a qualified domestic relations order which is made after the close of the 18 month period shall be applied prospectively only.

Source Note: The provisions of this §74.9 adopted to be effective November 23, 1989, 14 TexReg 5934; amended to be effective March 15, 2010, 35 TexReg 2201