The ERS Qualified Domestic Relations Order (abbreviated as "QDRO" and pronounced "quadro") is specific to ERS, and is required as a matter of law in order to effect any division of the community interest in retirement benefits payable to an ERS member or the member's beneficiary. ERS has a Model QDRO Form (49 KB PDF) for the benefit of use by interested parties and their attorneys. To get more information, we have developed a list of frequently asked questions about QDRO.

Unlike private employment systems, ERS is exempt from federal QDRO law, including ERISA and Section 414 of the Internal Revenue Code. QDROs submitted to ERS including references to these federal laws will probably be rejected as unacceptable.

Effective September 1, 1989, court orders that allegedly divide ERS benefits and that are submitted to the ERS must satisfy the established requirements and procedures of a QDRO, and be determined to be a QDRO under the law that ERS must honor (Chapter 804 of the Texas Government Code).

Chapter 804 provides uniform requirements and procedures for the determination of whether a QDRO submitted to the ERS is legally acceptable for ERS' administration of retirement benefits.

Benefits are payable to an alternate payee only if the order is determined to be a valid ERS QDRO. The QDRO is required in order to determine the division of the community interest in benefits payable to a member or retiree of ERS. Please note that a certified copy of the Divorce Decree and QDRO must be received for review and approval by the General Counsel.