{"data":{"id":"us-ok/okla.-stat.-tit.-70-70-17-109","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 70, § 70-17-109","heading":"Exemption from legal process","body":"A. 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 act, and the monies in the various funds\n\ncreated by this act, are hereby exempt from levy and sale,\n\ngarnishment, attachment or any other process whatsoever, and shall\n\nbe unassignable except as in this act specifically provided.\n\nNotwithstanding the foregoing, the Board of Trustees may approve any\n\noffset of a member's benefit to pay a judgment or settlement against\n\na member for a crime involving the System, for a breach of the\n\nmember's fiduciary duty to the System, or for funds or monies\n\nincorrectly paid to a member or a beneficiary by mistake, provided\n\nsuch offset is in accordance with the requirements of Section\n\n401(a)(13) of the Internal Revenue Code of 1986.\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 Retirement 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 Board\n\nof Trustees and the related member only if it meets the requirements\n\nof 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 System as a\n\nvalid order prior 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\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 and regulations promulgated thereunder, and court cases\n\ninterpreting said act.\ntem 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 and regulations promulgated thereunder, and court cases\n\ninterpreting said act.\n\n10. The Board of Trustees of the Teachers' Retirement System of\n\nOklahoma shall promulgate such rules as are necessary to implement\n\nthe 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\n\npursuant to this subsection in order to continue receiving his or\n\nher benefit.","path":["OK Code","Title 70"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os70.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"00e57f73e97e600038863aeddc05e5c57d7dd0be413e6bba10fd18de33a46943","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-70-70-17-108.2","next":"us-ok/okla.-stat.-tit.-70-70-17-109.1"},"notice":"GroundRules: Original legal text. Not legal advice."}