1. (a) If, upon receipt of a domestic relations order, TCDRS is of the opinion that the order does not comply in all ways with the requirements for a qualified domestic relations order under this chapter TCDRS shall so state (in the notice to be sent under Section 109.3 (relating to Notice Regarding Receipt of Order)) and notify the parties that unless they commence action within 90 days to bring the order into compliance with the provisions of this chapter relating to qualified domestic relations orders the order will be determined not to be a qualified domestic relations order. If 60 days have elapsed and neither party has submitted documentation to TCDRS reflecting that action has been commenced to bring the order into compliance, TCDRS will again notify each party that unless documentation has been submitted to TCDRS showing that action has been commenced before the expiration of the 90-day period the order will be determined not to be a qualified domestic relations order and TCDRS will pay to the participant any sums that have been withheld up to that date, and shall thereafter make payment of benefits as if no order had been received by TCDRS.
2. (b) If TCDRS has made an initial determination under this section that the order does not appear to qualify, TCDRS nonetheless may (but shall not be required to) pay to the participant all or any portion of any benefits to which the participant appears entitled under the order. Any benefits not paid under this subsection shall be retained by TCDRS until they are paid under one of the remaining subsections of this section.
3. (c) In the event that, in the opinion of TCDRS, the order is subsequently brought into compliance with the requirements of this chapter for qualified domestic relations orders, TCDRS so notify the parties in writing, and TCDRS will thereafter pay the sums payable under the order in the manner set forth in the order, unless such order is subsequently set aside or modified by a court of competent jurisdiction.
4. (d) In the event that either party has timely commenced action in accordance with Subsection (a) of this section and TCDRS determines after the expiration of 90 days from the date of the notice under Section 109.3 (relating to Notice Regarding Receipt of Order) that the order has not been brought into compliance with the requirements of this chapter for qualified domestic relations orders, the order is not a qualified domestic relations order. TCDRS shall so notify the parties in writing, and TCDRS will pay to the participant any sums that have been withheld hereunder after the expiration of six months from the date the notice under Section 109.3 (relating to Notice Regarding Receipt of Order) was provided (provided that upon good cause being shown prior to the expiration of such six-month period, the time for bringing the order into compliance may be extended for up to two additional six-month periods), and shall thereafter make payment of benefits as if no order had been received.
5. (e) Upon receipt of a subsequent order that TCDRS determines qualifies under this chapter, TCDRS will make payment as therein described.
6. (f) Upon the expiration of 18 months from the date the domestic relations order was received, if the issue of whether or not the order is a qualified domestic relations order has not been resolved within that period of time, TCDRS will pay to the participant all sums that have been withheld hereunder up to that date, and shall thereafter make payment of benefits as if no order had been received by TCDRS.
7. (g) In accordance with Section 841.009 of the Government Code, neither TCDRS nor any officials to TCDRS shall be liable for making any payment under this section.

Source Note:The provisions of this §109.6 adopted to be effective January 8, 2026, 51 TexReg 160.