{"data":{"id":"us-ok/okla.-stat.-tit.-20-20-1111","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 20, § 20-1111","heading":"Certain benefits and rights of retired justices and","body":"judges exempt from process - Exception of qualified domestic orders.\n\nA. Except as otherwise provided by this section, any annuity,\n\nbenefit, fund, property or right created by or accruing to any\n\nperson under any provision of The Uniform Retirement System for\n\nJustices and Judges is hereby made and declared exempt from and not\n\nsubject to execution, garnishment, or attachment or any other\n\nprocess or claim whatsoever, and shall be unassignable except as\n\nspecifically provided by said act. Notwithstanding the foregoing,\n\nthe Board of Trustees may offset any benefits of a member or\n\nbeneficiary to pay a judgment or settlement against a member or\n\nbeneficiary for a crime involving the System, for a fraud or breach\n\nof the member’s fiduciary duty to the System, or for funds or monies\n\nincorrectly paid to a member or a beneficiary, provided such offset\n\nis in accordance with the requirements of Section 401(a)(13) of the\n\nInternal Revenue Code of 1986. The offset applies to any benefits\n\nwhich may otherwise be payable to a member or beneficiary from any\n\nplan or fund which is administered by the Board of Trustees of the\n\nOklahoma Public Employees Retirement System.\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\n\nUniform Retirement System for Justices and Judges and the related\n\nmember only if it meets the requirements 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 Uniform Retirement System for Justices\n\nand Judges 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 Uniform Retirement\n\nSystem for Justices and Judges,\n\nb. does not require The Uniform Retirement System for\n\nJustices and Judges to provide increased 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 Uniform Retirement\n\nSystem for Justices and Judges as a valid order prior\n\nto 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\nor withdrawal of the related member and shall not attach to or\nts Page 447\n\npreviously determined to be a qualified domestic order\n\nor an order recognized by The Uniform Retirement\n\nSystem for Justices and Judges as a valid order prior\n\nto 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\nor withdrawal of the related member and shall not attach to or\n\nrequire the payment of any amount of benefits related to a deferred\n\ncompensation plan or program authorized by Section 1701 et seq. of\n\nTitle 74 of the Oklahoma Statutes.\n\n8. The obligation of The Uniform Retirement System for Justices\n\nand Judges to pay an alternate payee pursuant to a qualified\n\ndomestic order shall cease upon the death 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 and regulations promulgated thereunder, and court cases\n\ninterpreting said act.\n\n10. The Board of Trustees of the Oklahoma Public Employees\n\nRetirement System shall promulgate such rules as are necessary to\n\nimplement the provisions of 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 Board of Trustees of\n\nthe Oklahoma Public Employees Retirement System pursuant to this\n\nsubsection in order to continue receiving his or her benefit.","path":["OK Code","Title 20"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os20.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"0fdf128c7c6b2cc555bedfc42c6c8c793532bd252338df5fc8abfaf99ec4da7f","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-20-20-1110","next":"us-ok/okla.-stat.-tit.-20-20-12"},"notice":"GroundRules: Original legal text. Not legal advice."}