{"data":{"id":"us-ok/okla.-stat.-tit.-11-11-50-124","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 11, § 11-50-124","heading":"Exemption of System funds from legal process -","body":"Assignment or transfer void - Exception of qualified domestic orders\n\n- Offset for offenses involving the System.\n\nA. Except as otherwise provided by this section, no portion of\n\nany of the funds of the System shall, either before or after any\n\norder made by the State Board for payment to any person entitled to\n\na pension or allowance, be held, seized, taken, subjected to, or\n\ndetained, or levied on by virtue of any garnishment, attachment,\n\nexecution, injunction, or other order or decree or any process or\n\nproceeding whatever, issued out of or by any court of this state for\n\nthe payment or satisfaction, in whole or in part, of any debt,\n\ndamage, claim, demand or judgment against any such person entitled\n\nto payment, nor shall said payments or any claim thereto be directly\n\nor indirectly assigned, and any attempt to assign or transfer the\n\nsame shall be void. The said funds shall be held, invested, secured\n\nand distributed for the purposes named in this article, and for no\n\nother purpose whatever.\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 the State of Oklahoma which relates to the provision of\n\nmarital property rights to a spouse or former spouse of a member or\n\nprovision of support for a minor child or children and which creates\n\nor recognizes the existence of the right of an alternate payee, or\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. 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 State\n\nBoard and the related member only if it meets the requirements of\n\nthis 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 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\n6. 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 the effective date of this act.\n\n7. 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\n8. The obligation of the System to pay an alternate payee\n\npursuant to a qualified domestic order shall cease upon the death of\n\nthe 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 and regulations promulgated thereunder, and court cases\n\ninterpreting said act.\ntem to pay an alternate payee\n\npursuant to a qualified domestic order shall cease upon the death of\n\nthe 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 and regulations promulgated thereunder, and court cases\n\ninterpreting said act.\n\n10. The Oklahoma Police Pension and Retirement Board shall\n\npromulgate such rules as are necessary to implement the provisions\n\nof this subsection.\n\n11. 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. Notwithstanding any other provision of law to the contrary,\n\neffective August 5, 1997, the State Board may approve any offset of\n\na member's benefit to pay a judgment or settlement against the\n\nmember for a crime involving the System or for a breach of the\n\nmember's fiduciary duty to the System, provided such offset is in\n\naccordance with the requirements of Section 401(a)(13) of the\n\nInternal Revenue Code of 1986, as amended.\n\nD. 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.","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":"dcc243f8ec7c6aeeca39a3461a1c57f9af0b92ae3fede588b30f16b4e211e747","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-11-11-50-123","next":"us-ok/okla.-stat.-tit.-11-11-50-127"},"notice":"GroundRules: Original legal text. Not legal advice."}