A recital in a domestic relations order to the effect that it is a qualified domestic relations order is not sufficient to make it qualified under this chapter. To constitute an order as a qualified domestic relations order under this chapter, an order must be determined by TCDRS to meet the requirements set forth in this chapter and Section 109.5 (relating to Contents of Domestic Relations Order). In making that determination, the order itself, and any clarification order entered by a court of competent jurisdiction, and any affidavits or agreements between the parties that are filed with TCDRS may be considered.

Source Note:The provisions of this §109.3 adopted to be effective January 8, 2026, 51 TexReg 160.