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In Texas, retirement benefits from the Systems and Plans listed below are administered by the State of Texas. At the time of divorce or dissolution of marriage, plan benefits may be divided between the participant or member and that person’s spouse. In order to effectuate a division of the pension benefits, a Qualified Domestic Relations Order must be prepared and submitted to the Plan Administrator. The Orders generated by our online service are specific to each System or Plan. Learn more by reading our FAQs below.
A. Depending on the divorce decree, a spouse may be awarded a portion of the pension benefits.
A. No Texas ERS payments are made only when the member spouse ends his or her employment, or applies for a benefit or refund, and his or her benefits become payable.
A. If the member decides on monthly payments, the former spouse must accept the same payment regime.
A. PERA requires a certified copy of the marriage dissolution or separate order dividing the PERA pension (or a temporary retraining order preventing the application for a refund) before dividing the monthly pension.
A. No. A pension benefit cannot be revoked or changed. For example, if a former spouse is named survivor, payments continue to him or her after the member’s death.
A. Yes. A portion of the pension benefits may be granted as a permanent division of marital property in lieu of liquid assets; therefore, upon the former spouse’s death, payments continue to the estate until the death of the member spouse.
A. Yes, but the decree must be filed in Texas before Texas ERS can administer it.
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