Government Code § 844.010

Sec. 844.010. CERTAIN BENEFICIARY DESIGNATIONS. (a) A beneficiary designation that names a former spouse as beneficiary is invalid for purposes of this subtitle unless the designation: (1) is made or confirmed in writing after the date of divorce; or (2) was made by a retiree who, at the time of divorce, is receiving payments under an optional service or disability retirement with payments to continue to the beneficiary for the beneficiary's life. (b) In addition to the authority provided by Section 804.051, the board of trustees may adopt rules to require consent of a member's spouse to: (1) the member's designation of a beneficiary who is not the member's spouse; (2) the member's selection of an optional form of retirement benefit; or (3) the member's election of a withdrawal of contributions. (c) A benefit payable under this subtitle is not subject to a will, other testamentary document, or the law of intestacy to the extent that the member, retiree, or other former member has a different beneficiary under the retirement system than under the testamentary document or law of intestacy. (d) The board of trustees may adopt rules concerning the designation, validity, cancellation, revocation, and eligibility of beneficiaries under this subtitle. Added by Acts 2003, 78th Leg., ch. 621, Sec. 20, eff. Jan. 1, 2004. Amended by: Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 35, eff. January 1, 2008. SUBCHAPTER B. SERVICE RETIREMENT BENEFITS