Okla. Stat. tit. 11, § 11-50-124

Assignment or transfer void - Exception of qualified domestic orders

- Offset for offenses involving the System.

A. Except as otherwise provided by this section, no portion of

any of the funds of the System shall, either before or after any

order made by the State Board for payment to any person entitled to

a pension or allowance, be held, seized, taken, subjected to, or

detained, or levied on by virtue of any garnishment, attachment,

execution, injunction, or other order or decree or any process or

proceeding whatever, issued out of or by any court of this state for

the payment or satisfaction, in whole or in part, of any debt,

damage, claim, demand or judgment against any such person entitled

to payment, nor shall said payments or any claim thereto be directly

or indirectly assigned, and any attempt to assign or transfer the

same shall be void. The said funds shall be held, invested, secured

and distributed for the purposes named in this article, and for no

other purpose whatever.

Oklahoma Statutes - Title 11. Cities and Towns Page 675

B. 1. The provisions of subsection A of this section shall not

apply to a qualified domestic order as provided pursuant to this

subsection.

2. The term "qualified domestic order" means an order issued by

a district court of this state pursuant to the domestic relation

laws of the State of Oklahoma which relates to the provision of

marital property rights to a spouse or former spouse of a member or

provision of support for a minor child or children and which creates

or recognizes the existence of the right of an alternate payee, or

assigns to an alternate payee the right, to receive a portion of the

benefits payable with respect to a member of the System.

3. For purposes of the payment of marital property, to qualify

as an alternate payee, a spouse or former spouse must have been

married to the related member for a period of not less than thirty

(30) continuous months immediately preceding the commencement of the

proceedings from which the qualified domestic order issues.

4. A qualified domestic order is valid and binding on the State

Board and the related member only if it meets the requirements of

this subsection.

5. A qualified domestic order shall clearly specify:

a. the name and last-known mailing address (if any) of

the member and the name and mailing address of the

alternate payee covered by the order,

b. the amount or percentage of the member's benefits to

be paid by the System to the alternate payee,

c. the number of payments or period to which such order

applies,

d. the characterization of the benefit as to marital

property rights or child support, and

e. each plan to which such order applies.

6. A qualified domestic order meets the requirements of this

subsection only if such order:

a. does not require the System to provide any type or

form of benefit, or any option not otherwise provided

under state law as relates to the System,

b. does not require the System to provide increased

benefits, and

c. does not require the payment of benefits to an

alternate payee which are required to be paid to

another alternate payee pursuant to another order

previously determined to be a qualified domestic order

or an order recognized by the System as a valid order

prior to the effective date of this act.

7. A qualified domestic order shall not require payment of

benefits to an alternate payee prior to the actual retirement date

of the related member.

Oklahoma Statutes - Title 11. Cities and Towns Page 676

8. The obligation of the System to pay an alternate payee

pursuant to a qualified domestic order shall cease upon the death of

the related member.

9. This subsection shall not be subject to the provisions of

the Employee Retirement Income Security Act of 1974 (ERISA), 29

U.S.C.A. Section 1001, et seq., as amended from time to time, or

rules and regulations promulgated thereunder, and court cases

interpreting said act.
tem to pay an alternate payee

pursuant to a qualified domestic order shall cease upon the death of

the related member.

9. This subsection shall not be subject to the provisions of

the Employee Retirement Income Security Act of 1974 (ERISA), 29

U.S.C.A. Section 1001, et seq., as amended from time to time, or

rules and regulations promulgated thereunder, and court cases

interpreting said act.

10. The Oklahoma Police Pension and Retirement Board shall

promulgate such rules as are necessary to implement the provisions

of this subsection.

11. An alternate payee who has acquired beneficiary rights

pursuant to a valid qualified domestic order must fully comply with

all provisions of the rules promulgated by the State Board pursuant

to this subsection in order to continue receiving his or her

benefit.

C. Notwithstanding any other provision of law to the contrary,

effective August 5, 1997, the State Board may approve any offset of

a member's benefit to pay a judgment or settlement against the

member for a crime involving the System or for a breach of the

member's fiduciary duty to the System, provided such offset is in

accordance with the requirements of Section 401(a)(13) of the

Internal Revenue Code of 1986, as amended.

D. The provisions of subsection A of this section shall not

apply to a Child Support Enforcement Division order for a support

arrearage pursuant to Section 240.23 of Title 56 of the Oklahoma

Statutes and current child support payments made pursuant to a valid

court order.