1. (a) The selection by any member of the system on any form filed with the system of a retirement annuity in the form of an annuity other than a joint-and-survivor annuity that pays benefits to the member's spouse on the death of the member is not effective unless the member's spouse consents to the selection.
2. (b) The consent of a spouse required by subsection (a) of this section must be in writing and either witnessed by an officer or employee of the system or acknowledged by a notary public.

3. (c) The consent required by subsection (a) of this section is not required if it is established to the satisfaction of the system that:

   1. (1) there is no spouse;
   2. (2) the spouse cannot be located;
   3. (3) the spouse has been judicially declared incompetent in which case the consent may be given by the guardian or other ad litem;
   4. (4) a duly licensed physician has determined that the spouse is not mentally capable of managing his or her own affairs, in which case the consent may be given by the member provided the member would not be disqualified to serve as guardian of the incapacitated spouse and the director is satisfied that a guardianship of the estate is not necessary;
   5. (5) the spouse and the member have been married for less than one year as of the date the annuity first becomes payable; or
   6. (6) a former spouse is entitled to receive a portion of the member's retirement benefit under a qualified domestic relations order.
4. (d) For the purposes of this section, the term "joint-and-survivor annuity that pays benefits to the member's spouse on the death of the member" means a retirement annuity for the life of the member with a survivor annuity for the life of the spouse which is not less than 50% of the amount of the annuity which is payable during the joint lives of the member and the spouse.

Source Note:The provisions of this §123.5 adopted to be effective January 10, 1990, 15 TexReg 38; amended to be effective July 30, 1996, 21 TexReg 6817.