It will not be necessary to send a copy of the divorce decree to TRS if TRS retirement plan benefits are not divided.
Only when the spouse or former spouse is awarded an interest in the participant’s TRS retirement plan benefits is a certified domestic relations order (DRO) needed by TRS. The divorce decree is not required for review and approval of the DRO.
After the judge has signed the DRO, one of the parties or the parties’ attorneys should send a certified copy to TRS. TRS does not accept a certified order by fax or electronic mail.
The certified DRO, including judge’s signature and verification of social security numbers of the parties (see What Is Required To Verify Social Security Numbers of the Parties for TRS?) should be submitted to TRS at the following address:
Teacher Retirement System of Texas 1000 Red River St.,Austin, Texas 78701-2698
A certified DRO must be obtained directly from the clerk for the court that granted the divorce. You must send TRS a certified copy of the order, not a copy of a certified copy.
A faxed copy of certified copy or e-mail copy of certified copy is not a certified copy. A certified copy bears the original certification of the clerk of the court indicating that the clerk has reviewed the original order and certified that the copy is a true and correct copy of the order signed by the judge.
Because state law requires that TRS review only certified copies, TRS cannot accept a conformed copy or a “file-stamped" copy.
Please be advised that receipt by TRS of a certified decree of divorce requires action by TRS. The statutes governing the TRS pension plan require that upon receipt of a certified copy of a divorce decree, TRS must determine whether the order is a qualified domestic relations order (QDRO) awarding any portion of the participant’s TRS benefits to the former spouse and whether TRS is required to make any direct payment of a portion of the benefits to a former spouse.
If the decree purports to divide, TRS will reject the divorce decree as a QDRO and request that a signed TRS model Domestic Relations Order Dividing Retirement Plan Benefits form be submitted.
In addition, receipt by TRS of a certified divorce decree may revoke the former spouse as beneficiary for the active member death benefit or retiree survivor benefits. Receipt of a certified divorce decree does not revoke the former spouse as beneficiary for any continuing optional retirement annuity beneficiary (the beneficiary designated for retirement options 1, 2, 3, 4, or 5).
See What Other Actions May Be Taken in a Divorce Proceeding?