{"data":{"id":"us-ok/okla.-stat.-tit.-11-11-49-126","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 11, § 11-49-126","heading":"Pensions and allowances exempt from claims -","body":"Assignments or transfers void - Exceptions.\n\nA. Except as otherwise provided by this section, no portion of\n\nsaid pension shall, either before or after its order of distribution\n\nby the State Board to such disabled members of said fire department,\n\nor the surviving spouse, alternate payee as defined in subsection B\n\nof this section, or guardian of such minor child or children, to the\n\ndeceased or retired member of such department, be held, seized,\n\ntaken, subjected to or detained or levied on by virtue of any\n\nattachment, execution, injunction, writ interlocutory or other order\n\nor decree, or any process or proceeding whatever, issued out of or\n\nby any court of this state for the payment or satisfaction, in whole\n\nor in part, of any debt, damages, claim, demand or judgment against\n\nsuch member, or his or her surviving spouse, alternate payee, or the\n\nguardian of said minor child or children of any deceased member, nor\n\nshall said fund or any claim thereto be directly or indirectly\n\nassigned and any attempt to assign or transfer the same shall be\n\nvoid; but the funds shall be held, kept, secured and distributed for\n\nthe purpose of pensioning the persons named in this article, and for\n\nno other purpose whatever. Notwithstanding the foregoing, effective\n\nAugust 5, 1997, the State Board may approve any offset of a member’s\n\nbenefit to pay a judgment or settlement against a member for a crime\n\ninvolving the System, for a breach of the member’s fiduciary duty to\n\nthe System, or for funds or monies incorrectly paid to a member or\n\nbeneficiary by mistake, provided such offset is in accordance with\n\nthe requirements of Section 401(a)(13) of the Internal Revenue Code\n\nof 1986, as amended.\n\nB. 1. The provisions of subsection A of this section shall not\n\napply to a qualified domestic order as provided pursuant to this\n\nsubsection.\n\n2. The term “qualified domestic order” means an order issued by\n\na district court of this state pursuant to the domestic relation\n\nlaws of this state which relates to the provision of marital\n\nproperty rights to an alternate payee and which creates or\n\nrecognizes the existence of the right of an alternate payee and\n\nassigns to an alternate payee the right to receive a portion of the\n\nbenefits payable with respect to a member of the System.\n\n3. The term “alternate payee” means any spouse, former spouse,\n\nminor or disabled child or children, or other dependent of the\n\nmember who is recognized by a domestic relations order as having a\n\nright to receive benefits payable with respect to a member of the\n\nSystem.\n\n4. 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\nor or disabled child or children, or other dependent of the\n\nmember who is recognized by a domestic relations order as having a\n\nright to receive benefits payable with respect to a member of the\n\nSystem.\n\n4. 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\n5. A qualified domestic order is valid and binding on the State\n\nBoard and the related member only if it meets the requirements of\n\nthis subsection.\n\n6. 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 System to the alternate payee,\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\n7. A qualified domestic order meets the requirements of this\n\nsubsection only if such order:\n\na. does not require the System to provide any type or\n\nform of benefit, or any option not otherwise provided\n\nunder state law as relates to the System,\n\nb. does not require the System to provide increased\n\nbenefits, 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 System as a valid order\n\nprior to June 7, 1993.\n\n8. A qualified domestic order shall not require payment of\n\nbenefits to an alternate payee prior to the actual retirement date\n\nof the related member.\n\n9. The alternate payee shall have a right to receive benefits\n\npayable to a member of the System under the Oklahoma Firefighters\n\nDeferred Option plan provided for pursuant to Section 49-106.1 of\n\nthis title, but only to the extent such benefits have been credited\n\nor paid into the member’s Oklahoma Firefighters Deferred Option Plan\n\naccount during the term of the marriage.\n\n10. The obligation of the System to pay an alternate payee\n\npursuant to a qualified domestic order shall cease upon the earlier\n\nof the death of the related member or the death of the alternate\n\npayee. Upon the death of the alternate payee, the assignment to the\n\nalternate payee of the right to receive a portion of the benefits\n\npayable with respect to the member shall cease and the payments of\n\nbenefits to the member shall be reinstated.\n\n11. 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 and regulations promulgated thereunder, and court cases\n\ninterpreting said act.\n\n12. The Oklahoma Firefighters Pension and Retirement Board\n\nshall promulgate such rules as are necessary to implement the\n\nprovisions of this subsection.\n\n13. An alternate payee who has acquired beneficiary rights\n\npursuant to a valid qualified domestic order must fully comply with\n\nall provisions of the rules promulgated by the State Board pursuant\n\nto this subsection in order to continue receiving his or her\n\nbenefit.\n\nC. The provisions of subsection A of this section shall not\n\napply to a Child Support Enforcement Division order for a support\n\narrearage pursuant to Section 240.23 of Title 56 of the Oklahoma\n\nStatutes and current child support payments made pursuant to a valid\n\ncourt order.\n\nD. The provisions of subsection A of this section shall not\n\napply to a federal tax levy made pursuant to Section 6331 of the\nThe provisions of subsection A of this section shall not\n\napply to a Child Support Enforcement Division order for a support\n\narrearage pursuant to Section 240.23 of Title 56 of the Oklahoma\n\nStatutes and current child support payments made pursuant to a valid\n\ncourt order.\n\nD. The provisions of subsection A of this section shall not\n\napply to a federal tax levy made pursuant to Section 6331 of the\n\nInternal Revenue Code of 1986, as amended, and the collection by the\n\nUnited States on a judgment resulting from an unpaid tax assessment.\n\nE. The provisions of subsection A of this section shall not\n\napply in the case of an overpayment to a member or other payee.\n\nSuch overpayment may be corrected through a return of the\n\noverpayment, or an adjustment of future payments, or a combination\n\nof these two methods, as approved by the State Board. The term\n\n“other payee” shall include, but not be limited to, alternate payees\n\nas defined in subsection B of this section, beneficiaries,\n\ndesignated recipients, and other individuals eligible to receive\n\nbenefits pursuant to Section 49-113 of this title.","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":"2345376fdc88ce000464cee79fa3f32cb71c419d8f0b89a221ab492a45275d6f","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-11-11-49-124","next":"us-ok/okla.-stat.-tit.-11-11-49-128"},"notice":"GroundRules: Original legal text. Not legal advice."}