Okla. Stat. tit. 70, § 70-17-102.2
This is the official text of Okla. Stat. tit. 70, § 70-17-102.2, part of Oklahoma’s Stat. tit. 70, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 70,." Browse the sections below, each linked to its official government source.
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Tax qualification as a governmental retirement plan
Official statutory text
The retirement system shall satisfy the applicable qualification
requirements for governmental plans as specified in Sections 401 and
414(d) of the Internal Revenue Code of 1954 or 1986, as amended from
time to time and as appropriate for a governmental plan (hereinafter
referred to as the "Code"). In addition to other Code provisions
otherwise noted, and in order to satisfy the applicable requirements
under the Code, the retirement system shall be subject to the
following provisions, notwithstanding any other provision of the
retirement system law:
(1) The Board of Trustees shall distribute the corpus and
income of the retirement system to the members and their
beneficiaries in accordance with the retirement system law.
(2) Forfeitures arising from severance of employment, death, or
for any other reason may not be applied to increase the benefits any
member would otherwise receive under the retirement system law.
(3) All benefits paid from the retirement system shall be
distributed in accordance with the requirements of Code Section
401(a)(9) and the regulations thereto. In order to meet these
requirements, the retirement system shall be administered in
accordance with the following provisions:
(a) The life expectancy of a member or the member's spouse may
not be recalculated after the benefits commence.
(b) If a member dies before the distribution of the member's
benefits has begun, distributions to beneficiaries must begin no
later than December 31 of the calendar year immediately following
the calendar year in which the member died.
(c) The amount of benefits payable to a member's beneficiary
may not exceed the maximum determined under the incidental death
benefit requirement of the Code.
(4) The Board of Trustees or its designee may not:
(a) determine eligibility for benefits,
(b) compute rates of contribution, or
(c) compute benefits of members or beneficiaries,
in a manner that discriminates in favor of members who are
considered officers, supervisors, or highly compensated, as
prohibited under Code Section 401(a)(4).
Oklahoma Statutes - Title 70. Schools Page 719
(5) Benefits paid from the retirement system shall not exceed
the maximum benefits permissible under Code Section 415.
(6) The Board of Trustees may not engage in a transaction
prohibited by Code Section 503(b).
(7) To the extent required by Code Section 401(a)(31), the
retirement system shall allow members and qualified beneficiaries to
elect a direct rollover of eligible distributions to another
eligible retirement plan.
requirements for governmental plans as specified in Sections 401 and
414(d) of the Internal Revenue Code of 1954 or 1986, as amended from
time to time and as appropriate for a governmental plan (hereinafter
referred to as the "Code"). In addition to other Code provisions
otherwise noted, and in order to satisfy the applicable requirements
under the Code, the retirement system shall be subject to the
following provisions, notwithstanding any other provision of the
retirement system law:
(1) The Board of Trustees shall distribute the corpus and
income of the retirement system to the members and their
beneficiaries in accordance with the retirement system law.
(2) Forfeitures arising from severance of employment, death, or
for any other reason may not be applied to increase the benefits any
member would otherwise receive under the retirement system law.
(3) All benefits paid from the retirement system shall be
distributed in accordance with the requirements of Code Section
401(a)(9) and the regulations thereto. In order to meet these
requirements, the retirement system shall be administered in
accordance with the following provisions:
(a) The life expectancy of a member or the member's spouse may
not be recalculated after the benefits commence.
(b) If a member dies before the distribution of the member's
benefits has begun, distributions to beneficiaries must begin no
later than December 31 of the calendar year immediately following
the calendar year in which the member died.
(c) The amount of benefits payable to a member's beneficiary
may not exceed the maximum determined under the incidental death
benefit requirement of the Code.
(4) The Board of Trustees or its designee may not:
(a) determine eligibility for benefits,
(b) compute rates of contribution, or
(c) compute benefits of members or beneficiaries,
in a manner that discriminates in favor of members who are
considered officers, supervisors, or highly compensated, as
prohibited under Code Section 401(a)(4).
Oklahoma Statutes - Title 70. Schools Page 719
(5) Benefits paid from the retirement system shall not exceed
the maximum benefits permissible under Code Section 415.
(6) The Board of Trustees may not engage in a transaction
prohibited by Code Section 503(b).
(7) To the extent required by Code Section 401(a)(31), the
retirement system shall allow members and qualified beneficiaries to
elect a direct rollover of eligible distributions to another
eligible retirement plan.
Status: in_force · Read it on the official government site
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