SECTION 69.5. Awards to Spouses

(a) If a court awards a portion of an elected official's or corrections officer's forfeited annuity under Tex. Gov't Code §810.003(h) or §810.004(g) the awarded portion is payable only for the lifetime of the elected official/corrections officer or the spouse, whichever ends earlier.

(b) The maximum portion of a forfeited annuity payable to a spouse under Tex. Gov't Code §810.003(h) or §810.004(g) is fifty percent.

(c) The system may not pay any portion of a forfeited annuity to a common law or informal spouse or to a spouse who fails to provide written notice of an award as required by this section. An award of a portion of a forfeited annuity under Tex. Gov't Code §810.003(h) or §810.004(g) is payable only if:

(1) the award is made to a spouse that the elected official or corrections officer married as evidenced by a properly issued and completed marriage license; and

(2) the spouse provides written notice of the award to the system not later than the 30th day after the conviction of the elected official or corrections officer.

(d) If the spouse of an elected official or corrections officer is convicted of the qualifying felony as a party to the offense or convicted of another related offense arising out of the same criminal episode, the spouse forfeits any interest in the elected official's or corrections officer's annuity or service retirement contributions to the same extent as the elected official or corrections officer. The divorce of an elected official or corrections officer prior to the termination of an annuity under this chapter shall not prevent the forfeiture of the spouse's interest in the annuity and service retirement contributions, including service purchase funds.

Source Note: The provisions of this §69.5 adopted to be effective December 29, 2021, 46 TexReg 9059