5. The award to Alternate Payee under paragraph 4 of this Order is expressly made subject to the following
(a) This Order shall not be interpreted in any way to require the Plan to provide any type or form of benet or
any option not otherwise provided under the Plan.
(b) This Order shall not be interpreted in any way to require the Plan to provide increased benets determined
on the basis of actuarial value.
(c) This Order shall not be interpreted in any way to require the Plan to pay any benets to an Alternate Payee
named in this Order which are required to be paid to another alternate payee under another order previously
determined to be a qualied domestic relations order.
(d) This Order shall not be interpreted in any way to require the payment of benets to the Alternate Payee
before the retirement of the Participant, the distribution of a withdrawal of contributions to the Participant
as authorized by the statutes governing the Plan, or other distribution to the Participant required by law.
(e) This Order shall be interpreted to require that, in the event of Participant’s retirement before normal
retirement age, the benets payable to Alternate Payee shall be reduced in a proportionate amount.
(f) This Order shall not be interpreted to require the designation of a particular person as the recipient of
benets in the event of the Participant’s death, or to require the selection of a particular benet payment
plan or option.
(g) Applicable Texas laws and rules do not currently permit alternate payees to receive any future benet
increases. In the event that, after the date the divorce was granted, the Texas Legislature provides or
requires any benet increase specically for alternate payees of the Plan, Alternate Payee shall receive
a proportionate part of such increase or such other amount as directed by the Texas Legislature, unless
such an increase would disqualify this Order as a qualied domestic relations order under applicable law
or unless such increase would otherwise conict with the rules of the Plan.
(h) In the event that, after the date of divorce was granted, the amount of any benet otherwise payable to
Participant is reduced by law, the portion of benets payable to Alternate Payee shall be reduced in a
(i) If, as a result of Participant’s death after the date the divorce was granted, a payment is made by the Plan
to Participant’s estate, surviving spouse, or designated beneciaries, which payment does not relate in any
way to Participant’s length of employment or accumulated contributions with the Plan, but is purely a death
benet as a result of employment or retired status at the time of death, no portion of such payment
is community property, and Alternate Payee shall have no interest in such death benet.
(j) In lieu of paying Alternate Payee the interest awarded by this Order, the Plan may pay the Alternate Payee
an amount that is the actuarial equivalent of that interest in the form of (1) an annuity payable in equal
monthly installments for the life of the Alternate Payee, or (2) a lump sum.
(k) All payments to Alternate Payee under this Order shall terminate upon Alternate Payee’s death or at such
earlier date as may be required as a result of the retirement option selected by Participant.