34 TAC §47.17
The Teacher Retirement System of Texas (TRS) proposes new
§47.17, relating to payment to an alternate payee under a Qualified Domestic
Relations Order.
The new rule sets out the formula for payment to an alternate payee and
reduction of the member annuity when payment is begun to an alternate payee
prior to the retirement of the member. The law at §804.005 of the Government
Code provides that a qualified alternate payee under certain circumstances
may begin receiving payment from a retirement system even if the member has
not retired. This new rule sets up the mechanism and adopts tables for use
in the determination and distribution of such benefits.
Ronnie Jung, Chief Financial Officer, has determined that for each year
of the first five years the section as amended will be in effect, there will
be no fiscal implications to state or local governments as a result of enforcing
or administering the section.
Ronnie Jung, Chief Financial Officer, has determined that the public benefit
will be enforcement of the law as passed by the Legislature. Alternate payees
will have a means to acquire distribution in the proper circumstances. He
has also determined that there will be no anticipated economic cost to the
public, small businesses, or to the persons who are required to comply with
the sections as proposed for each year of the first five years the proposals
will be in effect.
Comments may be submitted to Charles L. Dunlap, Executive Director, 1000
Red River, Austin, Texas 78701, (512) 397-6400.
The new rule is proposed under the Government Code, Chapter 825,
§825.102, which authorizes the Board of Trustees of the Teacher Retirement
System to adopt rules for the administration of the funds of the retirement
system and under Government Code, Chapter 804, §804.005(g) that authorizes
the retirement system to adopt rules for the administration of the law.
Government Code, Chapter 804, §804.005 is affected by the proposed
new rule.
§47.17.Calculation for Alternate Payee Benefits Before a Member's Benefit Begins
(a)
A "qualified domestic relations order" (QDRO) means a domestic
relations order which creates or recognizes the existence of an alternate
payee's right or assigns to an alternate payee the right to receive all or
a portion of the benefits payable with respect to a member or retiree under
a public retirement system, which directs the public retirement system to
disburse benefits to an alternate payee, and which meets the requirements
of Government Code, §804.003.
(b)
The retirement system shall pay any qualified alternate
payee who has a qualified domestic relations order approved by the retirement
system and who elects such payments, an amount that is the alternate payee's
portion of the actuarial equivalent of the accrued benefit of the member of
the retirement system, determined as if the member retired on the date of
the alternate payee's election. The amount will become payable, upon receipt
of a written request and a certified copy of a domestic relations order determined
to be qualified, in accordance with the order, and in the form of an annuity
payable in equal monthly installments for the life of the alternate payee.
(c)
This method of distribution may be elected only when there
is a member whose benefits are subject to partial payment under the law, who
has not retired; who has attained the greater of the age of 62 or normal retirement
age and service requirements for service retirement; and who retains credit
and contributions in the retirement system attributable to that service.
(d)
If an alternate payee elects to be paid under this section,
the retirement system shall reduce the benefit payable by the system to the
member or the member's beneficiary by the alternate payee's portion of the
actuarial equivalent determined under this section.
(e)
In figuring these benefits for the alternate payee and
the adjusted standard annuity of the member's benefit as set forth in this
section, the system shall consider the member's benefit as a normal age standard
service retirement annuity, without regard to any optional annuity chosen
or beneficiary designated by the member.
(f)
The beginning of monthly payments under this section terminates
any interest that the alternate payee who receives the payment might otherwise
have in benefits that accrue to the account of the member after the date the
initial payment to the alternate payee is made.
(g)
An alternate payee who elects this method of payment has
only a right to receive an annuity for life as calculated in this section
and does not have the right to pass on any portion of his/her benefit upon
his/her death. There is no reversion of the alternate payee's benefit to the
member upon the alternate payee's death, irrespective of whether the death
occurs before or after the member's benefit commencement.
(h)
TRS will use Tables for Life Annuity Factors, Interest
Annuity Factors, and Interest Accumulation Factors furnished by the TRS actuary
of record.
Figure 1: 34 TAC §47.17(h)
Figure 2: 34 TAC §47.17(h)
Figure 3: 34 TAC §47.17(h)
(i)
To calculate the alternate payee's actuarial equivalent
benefit, the following procedure will be followed:
(1)
Determine the member's accrued monthly benefit as of the
alternate payee's benefit commencement date.
(2)
Determine the member's age and the alternate payee's
age as of the alternate payee's benefit commencement date.
(3)
Determine the appropriate percent of the member's
accrued benefit payable to the alternate payee under the terms of the qualified
domestic relations order.
(4)
Calculate the alternate payee's actuarial equivalent
monthly benefit as multiplying the member's accrued benefit times the life
annuity factor at member's age times the alternate payee's percent. Then,
divide that figure by the life annuity factor at alternate payee's age.
(j)
To calculate the member's adjusted standard annuity, there
are two scenarios:
(1)
the alternate payee elects a monthly income and survives
until the member annuity commencement date (MACD); or
(2)
the alternate payee elects monthly income and dies
before the member annuity commencement date (MACD).
(k)
When the alternate payee elects under subsection (j)(1)
of this section, the formula used to reduce the member's standard annuity
is the member's standard annuity monthly benefit amount minus the figure derived
by dividing the total reserve for benefits to the alternate payee by the life
annuity factor of the member at the member's age at MACD. The total reserve
for the benefits to the alternate payee is the reserve for payments made to
the alternate payee prior to MACD plus the reserve for payments made to the
alternate payee after MACD. The reserve for payments made to the alternate
payee after MACD is the alternate payee monthly benefit amount times the life
annuity factor of the alternate payee at the alternate payee age at MACD.
The reserve for payments made to the alternate payee prior to MACD is the
alternate payee monthly benefit amount times the interest annuity factor to
reflect payments of the number of payments before MACD.
(l)
When the alternate payee elects under subsection (j)(2)
of this section, the formula used to reduce the member's standard annuity
monthly benefit amount is the member's standard annuity monthly benefit amount
before the reflection of payments to the alternate payee under this section
minus the figure derived by dividing the total reserve for payments made to
the alternate payee by the life annuity factors of the member at the member's
age at MACD. The total reserve for payments made to the alternate payee is
the alternate payee monthly benefit amount times the interest annuity factor
to reflect payment of the number of payments before death times the interest
accumulation factor to reflect interest of the number of full months from
the date of death of the alternate payee to the MACD.
(m)
If the member dies before MACD and a standard annuity is
used to calculate any benefit due after death, benefits payable on behalf
of the member must be based on the member's adjusted standard annuity. The
balance of the accumulated contributions in the member savings account payable
to a beneficiary must also be adjusted to reflect the payment to the alternate
payee by reducing the accumulated contributions in the member savings account
by the QDRO percentage described in subsection (i)(3) of this section. An
Option 1, 2, or 5 benefit, while using the adjusted standard annuity in the
calculation, is not reduced any further due to this rule.
(n)
If the member dies after MACD, the death and survivor benefits
payable to a beneficiary are not reduced as a result of payments to an alternate
payee under this rule. Any payments paid pursuant to Government Code, §824.407
must be reduced by first reducing the account balance at the time of retirement
by the QDRO percentage described in subsection (i)(3) of this section.
(o)
If the member elects to terminate membership in TRS before
MACD, the member contributions in the member account before a refund is processed,
must be reduced by the QDRO percentage described in subsection (i)(3) of this
section.
(p)
When new law provides for an increase in the benefit payable
to the member after the commencement of the payment of an annuity to the member,
the increase will be distributed by increasing the member's and the alternate
payee's benefit as provided by the law for an increase to the member's benefit
so long as there is no additional actuarial cost to the system unless provided
otherwise by the Legislature.
(q)
A person, who has previously withdrawn service that was
reduced by a QDRO percentage as described in subsection (o) of this section
and who wishes to reinstate the service, must deposit the amount withdrawn
or refunded and the fees required by law. Benefits payable based even in part
on the terminated service will be reduced as described in this section as
if the service had not been terminated.
(r)
When a member who has an alternate payee drawing benefits
enters a Deferred Retirement Option Plan (DROP), the retirement system will
use the adjusted standard annuity in the calculation for the member's DROP.
(s)
When a member who is participating in DROP has an alternate
payee to begin a distribution under the Government Code, §804.005, the
retirement system will use the adjusted standard annuity to calculate all
future DROP transfers beginning with the initial month that a distribution
is payable to the alternate payee.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
February 5, 1999.
TRD-9900777
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Proposed date of adoption: March 26, 1999
For further information, please call: (512) 391-2115