{"data":{"id":"us-ok/okla.-stat.-tit.-74-74-923","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 74, § 74-923","heading":"Protection of vested rights - Exemption of benefits from","body":"legal process - Offset.\n\nA. Except as otherwise provided by this section, no alteration,\n\namendment, or repeal of this act shall affect the then existing\n\nrights of members and beneficiaries, but shall be effective only as\n\nto rights which would otherwise accrue hereunder as a result of\n\nservices rendered by an employee after such alteration, amendment,\n\nor repeal. Any annuity, benefits, fund, property, or rights created\n\nby or accruing to any person under the provisions of this act shall\n\nnot be subject to execution, garnishment or attachment, or any other\n\nprocess or claim whatsoever, and shall be unassignable, except as\n\nspecifically provided by Section 901 et seq. of this title.\n\nNotwithstanding the foregoing, the Board of Trustees may offset any\n\nbenefits of a member or beneficiary to pay a judgment or settlement\n\nagainst a member or beneficiary for a crime involving the System,\n\nfor a fraud or breach of the member’s fiduciary duty to the System,\n\nor for funds or monies incorrectly paid to a member or a\n\nbeneficiary, provided such offset is in accordance with the\n\nrequirements of Section 401(a)(13) of the Internal Revenue Code of\n\n1986. The offset applies to any benefits which may otherwise be\n\npayable to a member or beneficiary from any plan or fund which is\n\nadministered by the Board of Trustees.\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\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\necognized 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\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\nthis title.\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.\n\n10. The Oklahoma Public Employees Retirement System Board of\n\nTrustees 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 pursuant to\n\nthis subsection in order to continue receiving his or her benefit.","path":["OK Code","Title 74"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os74.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"15301741d33ca6296b183414a15f4e26d93c45f4ee5e61a927af31eee2b2ca50","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-74-74-922.1","next":"us-ok/okla.-stat.-tit.-74-74-924"},"notice":"GroundRules: Original legal text. Not legal advice."}