{"data":{"id":"us-ok/okla.-stat.-tit.-29-29-3-306","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 29, § 29-3-306","heading":"Retirement plans - Monies exempt from attachment, etc. -","body":"Exception of qualified domestic orders.\n\nA. There is hereby created an Oklahoma Wildlife Conservation\n\nDepartment Retirement Fund for the purpose of providing revenues for\n\nany retirement plan adopted by the Commission for the employees of\n\nthe Department.\n\nB. The method of calculation of benefits shall be the same for\n\nall employees covered under any plan adopted pursuant to this\n\nsection.\n\nC. No retirement plan adopted pursuant to this section shall\n\npay any benefits or vest any benefits based on years of service\n\ncredit related to years a plan member did not work or provide other\n\npublic service.\n\nD. The Oklahoma Department of Wildlife Conservation shall\n\ncompile a quarterly financial report of all the funds of the\n\nOklahoma Wildlife Conservation Department Retirement Fund on a\n\nfiscal year basis. The report shall be compiled pursuant to uniform\n\nreporting standards prescribed by the Oklahoma State Pension\n\nCommission for all state retirement systems. The report shall\n\ninclude several relevant measures of investment value, including\n\nacquisition cost and current fair market value with appropriate\n\nsummaries of total holdings and returns. The report shall contain\n\ncombined and individual rate of returns of the investment managers\n\nby category of investment, over periods of time. The Department\n\nshall include in the quarterly reports all commissions, fees or\n\npayments for investment services performed on behalf of the\n\nDepartment. The report shall be distributed to the Governor, the\n\nOklahoma State Pension Commission, the Legislative Service Bureau,\n\nthe Speaker of the House of Representatives and the President Pro\n\nTempore of the Senate.\n\nE. Except as otherwise provided by this section, the right of a\n\nperson to an annuity or a retirement allowance, to the return of\n\ncontributions, annuity, or retirement allowance itself, any optional\n\nbenefit, or any other right accrued or accruing to any person under\n\nthe provisions of this section, the monies in the Oklahoma Wildlife\n\nConservation Department Retirement Fund, are hereby exempt from levy\n\nand sale, garnishment, attachment or any other process whatsoever,\n\nand shall be unassignable except as in this section specifically\n\nprovided.\n\nF. 1. The provisions of subsection E 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 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\nayee 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\nCommission or the entity responsible for the Retirement Fund and the\n\nrelated member 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 Commission or the entity responsible\n\nfor the Retirement Fund 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 Commission or the entity\n\nresponsible for the Retirement Fund 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\nplan,\n\nb. does not require the Commission or the entity\n\nresponsible for the Retirement Fund 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 Commission or the entity responsible\n\nfor the Retirement Fund to pay an alternate payee pursuant to a\n\nqualified domestic order shall cease upon the death of the related\n\nmember.\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 Oklahoma Wildlife Conservation Commission 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 shall fully comply with\n\nall provisions of the rules promulgated by the Commission pursuant\n\nto this section in order to continue receiving benefits.","path":["OK Code","Title 29"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os29.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"4331301c1004a3873e872fcabb175e6f167542ecc6e2afa8f56ffd668e1cb20c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-29-29-3-305","next":"us-ok/okla.-stat.-tit.-29-29-3-307"},"notice":"GroundRules: Original legal text. Not legal advice."}