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.