85R25566 LED-D
By: Swanson H.B. No. 4203
Substitute the following for H.B. No. 4203:
By: Alonzo C.S.H.B. No. 4203
A BILL TO BE ENTITLED
AN ACT
relating to rights to certain benefits accrued in the Texas County
and District Retirement System.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 841.0091(b) and (c), Government Code,
are amended to read as follows:
(b) Following a division described by Subsection (a), the
portion of the accrued benefit awarded the alternate payee is
considered the alternate payee's sole and separate property in
which the member has no interest. The board of trustees by rule
shall ensure that [define and specify] the rights and
responsibilities of the alternate payee and the terms and features
of the benefit awarded the alternate payee under the order are equal
to the rights attained by the member or the member's beneficiary,
but in no event may the alternate payee vest in the accrued benefit
before the member vests or attain greater rights than are attained
by the member or the member's beneficiary.
(c) Notwithstanding Section 804.101, the board of trustees
by rule shall [may] prescribe terms, equal to the terms prescribed
for a member, on which the interest awarded the alternate payee
under a qualified domestic relations order described by this
section may be transferred at the alternate payee's death.
SECTION 2. For purposes of this Act, rules adopted under
Chapter 109, Title 34, Texas Administrative Code, effective January
1, 2018, are considered to comply with the changes in law made by
this Act.
SECTION 3. The change in law made by this Act to Section
841.0091, Government Code, applies only to a qualified domestic
relations order entered or amended on or after January 1, 2018. A
qualified domestic relations order entered or amended before
January 1, 2018, is governed by the law as it existed immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2017.