Okla. Stat. tit. 29, § 29-3-306

Exception of qualified domestic orders.

A. There is hereby created an Oklahoma Wildlife Conservation

Department Retirement Fund for the purpose of providing revenues for

any retirement plan adopted by the Commission for the employees of

the Department.

B. The method of calculation of benefits shall be the same for

all employees covered under any plan adopted pursuant to this

section.

C. No retirement plan adopted pursuant to this section shall

pay any benefits or vest any benefits based on years of service

credit related to years a plan member did not work or provide other

public service.

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D. The Oklahoma Department of Wildlife Conservation shall

compile a quarterly financial report of all the funds of the

Oklahoma Wildlife Conservation Department Retirement Fund on a

fiscal year basis. The report shall be compiled pursuant to uniform

reporting standards prescribed by the Oklahoma State Pension

Commission for all state retirement systems. The report shall

include several relevant measures of investment value, including

acquisition cost and current fair market value with appropriate

summaries of total holdings and returns. The report shall contain

combined and individual rate of returns of the investment managers

by category of investment, over periods of time. The Department

shall include in the quarterly reports all commissions, fees or

payments for investment services performed on behalf of the

Department. The report shall be distributed to the Governor, the

Oklahoma State Pension Commission, the Legislative Service Bureau,

the Speaker of the House of Representatives and the President Pro

Tempore of the Senate.

E. Except as otherwise provided by this section, the right of a

person to an annuity or a retirement allowance, to the return of

contributions, annuity, or retirement allowance itself, any optional

benefit, or any other right accrued or accruing to any person under

the provisions of this section, the monies in the Oklahoma Wildlife

Conservation Department Retirement Fund, are hereby exempt from levy

and sale, garnishment, attachment or any other process whatsoever,

and shall be unassignable except as in this section specifically

provided.

F. 1. The provisions of subsection E 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 relations

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

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

any retirement fund created pursuant to subsection A of this

section, or to the 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 and amounts payable to a plan participant of any retirement

plan created pursuant to subsection A of this section.

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
ayee the right,

to receive a portion of the benefits payable with respect to a

member and amounts payable to a plan participant of any retirement

plan created pursuant to subsection A of this section.

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.

Oklahoma Statutes - Title 29. Game and Fish Page 29

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

Commission or the entity responsible for the Retirement Fund 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 Commission or the entity responsible

for the Retirement Fund 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 Commission or the entity

responsible for the Retirement Fund to provide any

type or form of benefit, or any option not otherwise

provided under state law as relates to the retirement

plan,

b. does not require the Commission or the entity

responsible for the Retirement Fund 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 retirement plan as a

valid order prior to the effective date of this

section.

7. A qualified domestic order shall not require payment of

benefits to an alternate payee prior to the actual retirement date

or withdrawal of the related member.

8. The obligation of the Commission or the entity responsible

for the Retirement Fund 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 promulgated thereunder, and court cases interpreting said act.

10. The Oklahoma Wildlife Conservation Commission shall

promulgate such rules as are necessary to implement the provisions

of this subsection.

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11. An alternate payee who has acquired beneficiary rights

pursuant to a valid qualified domestic order shall fully comply with

all provisions of the rules promulgated by the Commission pursuant

to this section in order to continue receiving benefits.