| 5 | 3 | | |
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| 6 | 4 | | |
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| 7 | 5 | | A BILL TO BE ENTITLED |
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| 8 | 6 | | AN ACT |
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| 9 | 7 | | relating to rights to certain benefits accrued in the Texas County |
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| 10 | 8 | | and District Retirement System. |
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| 11 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 10 | | SECTION 1. Sections 841.0091(b) and (c), Government Code, |
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| 13 | 11 | | are amended to read as follows: |
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| 14 | 12 | | (b) Following a division described by Subsection (a), the |
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| 15 | 13 | | portion of the accrued benefit awarded the alternate payee is |
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| 16 | 14 | | considered the alternate payee's sole and separate property in |
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| 17 | 15 | | which the member has no interest. The board of trustees by rule |
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| 18 | 16 | | shall ensure that [define and specify] the rights and |
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| 19 | 17 | | responsibilities of the alternate payee and the terms and features |
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| 20 | 18 | | of the benefit awarded the alternate payee under the order are equal |
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| 21 | 19 | | to the rights attained by the member or the member's beneficiary, |
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| 22 | 20 | | but in no event may the alternate payee vest in the accrued benefit |
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| 23 | 21 | | before the member vests or attain greater rights than are attained |
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| 24 | 22 | | by the member or the member's beneficiary. |
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| 25 | 23 | | (c) Notwithstanding Section 804.101, the board of trustees |
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| 26 | 24 | | by rule shall [may] prescribe terms, equal to the terms prescribed |
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| 27 | 25 | | for a member, on which the interest awarded the alternate payee |
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| 28 | 26 | | under a qualified domestic relations order described by this |
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| 29 | 27 | | section may be transferred at the alternate payee's death. |
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| 30 | | - | SECTION 2. For purposes of this Act, rules adopted under |
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| 31 | | - | Chapter 109, Title 34, Texas Administrative Code, effective January |
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| 32 | | - | 1, 2018, are considered to comply with the changes in law made by |
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| 33 | | - | this Act. |
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| 28 | + | SECTION 2. Not later than December 1, 2017, the board of |
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| 29 | + | trustees of the Texas County and District Retirement System shall |
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| 30 | + | adopt the rules necessary to implement Section 841.0091, Government |
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| 31 | + | Code, as amended by this Act. |
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| 34 | 32 | | SECTION 3. The change in law made by this Act to Section |
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| 35 | 33 | | 841.0091, Government Code, applies only to a qualified domestic |
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| 36 | 34 | | relations order entered or amended on or after January 1, 2018. A |
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| 37 | 35 | | qualified domestic relations order entered or amended before |
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| 38 | 36 | | January 1, 2018, is governed by the law as it existed immediately |
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| 39 | 37 | | before the effective date of this Act, and that law is continued in |
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| 40 | 38 | | effect for that purpose. |
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| 41 | 39 | | SECTION 4. This Act takes effect September 1, 2017. |
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