{"data":{"id":"us-ok/okla.-stat.-tit.-74-74-935.11","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 74, § 74-935.11","heading":"Rights of employees and beneficiaries – Qualified","body":"domestic orders.\n\nA. Except as otherwise provided by this section or in\n\nsubsection D of Section 935.5 of this title, no alteration,\n\namendment, or repeal of this act shall affect the then-existing\n\nrights of participating employees and beneficiaries, but shall be\n\neffective only as to rights which would otherwise accrue hereunder\n\nas a result of services rendered by an employee after such\n\nalteration, amendment, or repeal. Any benefits, fund, property, or\n\nrights created by or accruing to any person under the provisions of\n\nthis act shall not be subject to execution, garnishment or\n\nattachment, or any other process or claim whatsoever, and shall be\n\nunassignable, except as specifically provided by this section.\n\nNotwithstanding the foregoing, the Board may offset any amounts held\n\nby a participant in the plan or beneficiary to pay a judgment or\n\nsettlement against a participating employee or beneficiary for a\n\ncrime involving the System, for a fraud or breach of the\n\nparticipating employee's fiduciary duty to the System, or for funds\n\nor monies incorrectly paid to a participating employee or a\n\nbeneficiary, provided such offset is in accordance with the\n\nrequirements of Section 401(a)(13) or similar provisions of the\n\nInternal Revenue Code. The offset applies to any assets held in the\n\nplan which may otherwise be payable to a participating employee or\n\nbeneficiary from the plan administered by the Board.\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\n\nparticipating employee or 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 funds payable with respect to a\n\nparticipant in the plan.\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 participating employee for a period of not\n\nless than thirty (30) continuous months immediately preceding the\n\ncommencement of the proceedings from which the qualified domestic\n\norder issues.\n\n4. A qualified domestic order is valid and binding on the Board\n\nand the related participating employee only if it meets the\n\nrequirements 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 participating employee and the name and mailing\n\naddress of the alternate payee covered by the order,\n\nb. the amount or percentage of the participating\n\nemployee's funds or assets to be paid by the System to\n\nthe 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 funds or assets 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 November 1, 2014.\n\n7. This subsection shall not be subject to the provisions of\nes - Title 74. State Government Page 723\n\nc. does not require the payment of funds or assets 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 November 1, 2014.\n\n7. 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 the act.\n\n8. The Board shall promulgate such rules as are necessary to\n\nimplement the provisions of this subsection.\n\n9. 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":"72651ed89010738211bdb6b0ee9d8d974028e1a325131d2a7f5e7660d43e4439","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-74-74-935.10","next":"us-ok/okla.-stat.-tit.-74-74-935.2"},"notice":"GroundRules: Original legal text. Not legal advice."}