{"data":{"id":"us-ok/okla.-stat.-tit.-11-11-48-103","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 11, § 11-48-103","heading":"Fund required in every municipality - Payments exempt","body":"from attachment, etc. - Exception of qualified domestic orders.\n\nA. Every municipality establishing a retirement fund and system\n\nshall provide a fund or contribute to a fund which shall be paid to\n\nand received by the municipal treasurer along with funds received\n\nfrom a duly constituted authority of the municipality for the use\n\nand benefit of the persons eligible for retirement benefits in such\n\namount as the municipality shall provide by ordinance.\n\nB. Money on hand in this fund shall not be available for any\n\nother purpose and shall not be used for any purpose other than for\n\nretirement benefits to eligible persons.\n\nC. Except as otherwise provided by this section, sums of money\n\ndue or to become due to any employee or retired employee shall not\n\nbe liable to attachment, garnishment, levy, or seizure in any manner\n\nunder any legal or equitable process, whether such sums remain in\n\nthe hands of the treasurer of the retirement system or of any\n\nofficial or agent of the retirement system, or are in the course of\n\ntransmission to the employee or retired employee entitled thereto,\n\nbut shall inure wholly to the benefit of such employee or retired\n\nemployee.\n\nD. 1. The provisions of subsection C of this section shall not\n\napply to a qualified domestic order as provided in this subsection.\n\n2. The term \"qualified domestic order\" means an order issued by\n\na district court of this state, pursuant to the domestic relations\n\nlaws of the State of Oklahoma, which relates to the provision of\n\nmarital property rights to a spouse or former spouse of a member of\n\nany retirement fund created pursuant to subsection A of this\n\nsection, or to the provision of support for a minor child or\n\nchildren, and which creates or recognizes the existence of the right\n\nof an alternate payee, or assigns to an alternate payee the right,\n\nto receive a portion of the benefits payable with respect to a\n\nmember and amounts payable to a plan participant of any retirement\n\nplan created pursuant to subsection A of this section.\n\n3. For purposes of the payment of marital property, to qualify\n\nas an alternate payee, a spouse or former spouse must have been\n\nmarried to the related member for a period of not less than thirty\n\n(30) continuous months immediately preceding the commencement of the\n\nproceedings from which the qualified domestic order issues.\n\n4. A qualified domestic order is valid and binding on the\n\nmunicipality and the related member only if it meets the\n\nrequirements of this subsection.\n\n5. A qualified domestic order shall clearly specify:\n\na. the name and last-known mailing address, if any, of\n\nthe member and the name and mailing address of the\n\nalternate payee covered by the order,\n\nb. the amount or percentage of the member's benefits to\n\nbe paid by the retirement system to the alternate\n\npayee,\n\nc. the number of payments or period to which such order\n\napplies,\n\nd. the characterization of the benefit as to marital\n\nproperty rights or child support, and\n\ne. each plan to which such order applies.\n\n6. A qualified domestic order meets the requirements of this\n\nsubsection only if such order:\n\na. does not require the retirement system to provide any\n\ntype or form of benefit, or any option not otherwise\n\nprovided under state law as relates to the retirement\n\nsystem,\n\nb. does not require the retirement system to provide\n\nincreased benefits, and\n\nc. does not require the payment of benefits to an\n\nalternate payee which are required to be paid to\n\nanother alternate payee pursuant to another order\n\npreviously determined to be a qualified domestic order\n\nor an order recognized by the retirement plan as a\n\nvalid order prior to the effective date of this\n\nsection.\n\n7. A qualified domestic order shall not require payment of\n\nbenefits to an alternate payee prior to the actual retirement date\n\nor withdrawal of the related member.\n\n8. The obligation of the retirement system to pay an alternate\nder\n\npreviously determined to be a qualified domestic order\n\nor an order recognized by the retirement plan as a\n\nvalid order prior to the effective date of this\n\nsection.\n\n7. A qualified domestic order shall not require payment of\n\nbenefits to an alternate payee prior to the actual retirement date\n\nor withdrawal of the related member.\n\n8. The obligation of the retirement system to pay an alternate\n\npayee pursuant to a qualified domestic order shall cease upon the\n\ndeath of the related member.\n\n9. This subsection shall not be subject to the provisions of\n\nthe Employee Retirement Income Security Act of 1974 (ERISA), 29\n\nU.S.C.A., Section 1001 et seq., as amended from time to time, or\n\nrules promulgated thereunder and court cases interpreting said act.\n\n10. The municipality may adopt such provisions as are necessary\n\nto implement the provisions of this subsection.\n\n11. An alternate payee who has acquired beneficiary rights\n\npursuant to a valid qualified domestic order shall fully comply with\n\nall provisions of the requirements imposed by the municipality\n\npursuant to this section in order to continue receiving benefits.\n\nE. This fund shall be nonfiscal and shall not be considered in\n\ncomputing any levy when the municipality makes its estimate to the\n\nExcise Board for needed appropriations.","path":["OK Code","Title 11"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os11.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"01b7f287e562bb485bf7b0ca2d912c3b49a643c0e6994b3679fc4b9bb166decb","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-11-11-48-102","next":"us-ok/okla.-stat.-tit.-11-11-48-104"},"notice":"GroundRules: Original legal text. Not legal advice."}