Okla. Stat. tit. 70, § 70-17-109

A. 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 act, and the monies in the various funds

created by this act, are hereby exempt from levy and sale,

garnishment, attachment or any other process whatsoever, and shall

be unassignable except as in this act specifically provided.

Notwithstanding the foregoing, the Board of Trustees may approve any

offset of a member's benefit to pay a judgment or settlement against

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

member's fiduciary duty to the System, or for funds or monies

incorrectly paid to a member or a beneficiary by mistake, provided

such offset is in accordance with the requirements of Section

401(a)(13) of the Internal Revenue Code of 1986.

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 Retirement 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

of Trustees 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,

Oklahoma Statutes - Title 70. Schools Page 760

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

be paid by the Retirement 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 Retirement System to provide any

type or form of benefit, or any option not otherwise

provided under state law as relates to the Retirement

System,

b. does not require the Retirement 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 Retirement 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

or withdrawal of the related member.

8. The obligation of the Retirement 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 Board of Trustees of the Teachers' Retirement System of

Oklahoma 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 Board of Trustees

pursuant to this subsection in order to continue receiving his or

her benefit.