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A BILL TO BE ENTITLED
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AN ACT
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relating to rights to certain benefits accrued in the Texas County |
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and District Retirement System. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 841.0091(b) and (c), Government Code, |
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are amended to read as follows: |
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(b) Following a division described by Subsection (a), the |
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portion of the accrued benefit awarded the alternate payee is |
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considered the alternate payee's sole and separate property in |
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which the member has no interest. The board of trustees by rule |
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shall ensure that [define and specify] the rights and |
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responsibilities of the alternate payee and the terms and features |
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of the benefit awarded the alternate payee under the order are equal |
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to the rights attained by the member or the member's beneficiary, |
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but in no event may the alternate payee vest in the accrued benefit |
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before the member vests or attain greater rights than are attained |
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by the member or the member's beneficiary. |
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(c) Notwithstanding Section 804.101, the board of trustees |
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by rule shall [may] prescribe terms, equal to the terms prescribed |
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for a member, on which the interest awarded the alternate payee |
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under a qualified domestic relations order described by this |
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section may be transferred at the alternate payee's death. |
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SECTION 2. Not later than December 1, 2017, the board of |
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trustees of the Texas County and District Retirement System shall |
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adopt the rules necessary to implement Section 841.0091, Government |
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Code, as amended by this Act. |
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SECTION 3. The change in law made by this Act to Section |
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841.0091, Government Code, applies only to a qualified domestic |
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relations order entered or amended on or after January 1, 2018. A |
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qualified domestic relations order entered or amended before |
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January 1, 2018, is governed by the law as it existed immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |