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 a qualified domestic relations order under this chapter, an order must be determined, either by the system or by a court of competent jurisdiction, having actual knowledge of the provisions of this chapter, to meet the requirements set forth in §109.5 and §109.6 of this title (relating to Contents of Domestic Relations Order; and Order Should Divide All Benefits). 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 the system may be taken into account.

Source Note:The provisions of this §109.4 adopted to be effective January 29, 1988, 13 TexReg 305.