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Okla. Stat. tit. 47, § 47-2-303.3

This is the official text of Okla. Stat. tit. 47, § 47-2-303.3, part of Oklahoma’s Stat. tit. 47, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 47,." Browse the sections below, each linked to its official government source.

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Certain benefits exempt from legal process

Official statutory text

A. Except as otherwise provided by this section, any annuity,

benefits, fund, property, or rights created by or accruing to any

person pursuant to the provisions of Sections 2-300 through 2-313 of

this title shall not be subject to execution, garnishment or

attachment, and shall be unassignable, except as specifically

provided by Sections 2-300 through 2-313 of this title.

Notwithstanding the foregoing, effective August 5, 1997, the Board

Oklahoma Statutes - Title 47. Motor Vehicles Page 127

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.

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 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

Oklahoma Statutes - Title 47. Motor Vehicles Page 128

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.

8. The alternate payee shall have a right to receive benefits

payable to a member of the System under the Oklahoma Law Enforcement

Deferred Option Plan provided for pursuant to Section 2-305.2 of

this title, but only to the extent such benefits have been credited

or paid into the member’s Oklahoma Law Enforcement Deferred Option

Plan account during the term of the marriage.

9. 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.

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

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

or paid into the member’s Oklahoma Law Enforcement Deferred Option

Plan account during the term of the marriage.

9. 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.

10. 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.

11. The Oklahoma Law Enforcement Retirement Board shall

promulgate such rules as are necessary to implement the provisions

of this subsection.

12. 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 Board pursuant to

this subsection in order to continue receiving his or her benefit.

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.