Tex. Gov't Code § 804.001 · Subchapter A. QUALIFIED DOMESTIC RELATIONS ORDERS
DEFINITIONS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
In this chapter:
(1) "Alternate payee" means a spouse, former spouse, child, or other dependent of a member or retiree who is recognized by a domestic relations order as having a right to receive all or a portion of the benefits payable by a public retirement system with respect to such member or retiree.
(2) "Domestic relations order" means any judgment, decree, or order, including approval of a property settlement agreement, which relates to the provision of child support, alimony payments, or marital property rights to a spouse, former spouse, child, or other dependent of a member or retiree, and is made pursuant to a domestic relations law, including a community property law of the State of Texas or of another state.
(3) "Public retirement system" means the Employees Retirement System of Texas, the Judicial Retirement System of Texas Plan One, the Judicial Retirement System of Texas Plan Two, the Teacher Retirement System of Texas, the Texas County and District Retirement System, the Texas Municipal Retirement System, and any other continuing, organized program of service retirement, disability retirement, or death benefits for officers or employees of the state or a political subdivision or of an agency or instrumentality of the state or a political subdivision and includes the optional retirement program governed by Chapter 830. Public retirement system does not include:
(A) a program, other than the optional retirement program, for which benefits are administered by a life insurance company;
(B) a program providing only workers' compensation benefits;
(C) a program administered by the federal government;
(D) an individual retirement account or individual retirement annuity within the meaning of Section 408, or a retirement bond within the meaning of Section 409, of the Internal Revenue Code of 1986;
(E) a plan described by Subsection (d) of Section 401 of the Internal Revenue Code of 1986;
(F) a group or an individual account plan consisting of an annuity contract described by Subsection (b) of Section 403 of the Internal Revenue Code of 1986, other than a 403(b) contract or plan under the optional retirement program;
(G) an eligible state deferred compensation plan described by Subsection (b) of Section 457 of the Internal Revenue Code of 1986; or
(H) the program established by Chapter 615.
(4) "Qualified domestic relations order" 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 the alternate payee, and which meets the requirements of Section 804.003.
(5) "Statewide retirement system" means the Employees Retirement System of Texas, the Judicial Retirement System of Texas Plan One, the Judicial Retirement System of Texas Plan Two, the Teacher Retirement System of Texas, the Texas County and District Retirement System, or the Texas Municipal Retirement System.
Notes and commentary — not statutory text
History
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 11.02(a), eff. Aug. 26, 1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(32), eff. Sept. 1, 1995.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/GV/htm/GV.804.htm
- Text hash
- sha256 799ad3092691461ef47b22b66d587a53b05e07350ce34b17d4355e8c9f3a66c5
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 8 provisions
Provisions in this library whose text cites Tex. Gov't Code § 804.001. Each shows the citation as that text prints it.
Government Code
- Tex. Gov't Code § 804.003QUALIFIED DOMESTIC RELATIONS ORDERS.Printed as Section 804.001
- Tex. Gov't Code § 804.101TERMINATION OF INTEREST IN PUBLIC RETIREMENT SYSTEM.Printed as Section 804.001
- Tex. Gov't Code § 821.001DEFINITIONS.Printed as Section 804.001
- Tex. Gov't Code § 841.001DEFINITIONS.Printed as Section 804.001
- Tex. Gov't Code § 854.006CHANGE OF BENEFICIARY OR DIVISION OF BENEFIT FOR CERTAIN PERSONS RECEIVING MONTHLY BENEFITS.Printed as Section 804.001
Vernon's Civil Statutes
- Tex. Rev. Civ. Stat. art. 6243nMUNICIPAL RETIREMENT SYSTEM IN MUNICIPALITIES OF 460,000 TO 500,000.Printed as Section 804.001, Government Code
- Tex. Rev. Civ. Stat. art. 6243oPOLICE AND FIRE FIGHTER RETIREMENT SYSTEM IN MUNICIPALITIES OF 750,000 TO 1,000,000.Printed as Section 804.001, Government Code
- Tex. Rev. Civ. Stat. art. 6243pPOLICE RETIREMENT FUND IN MUNICIPALITIES OF 50,000 TO 400,000.Printed as Section 804.001, Government Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.