Oklahoma § 19-959 - Money not liable to attachment, garnishment, levy or

§ 19-959. Money not liable to attachment, garnishment, levy or

seizure - Exception of qualified domestic orders.

A. Except as otherwise provided by this section, sums of money

due or to become due to any employee or retired employee shall not

be liable to attachment, garnishment, levy, or seizure in any manner

under any legal or equitable process, whether such sums remain in

the hands of the treasurer of the retirement system or of any

official or agent of the Board of Trustees of any retirement system,

or are in the course of transmission to the employee or retired

Oklahoma Statutes - Title 19. Counties and County Officers

employee entitled thereto, but shall inure wholly to the benefit of

such employee or retired employee.

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

apply to a qualified domestic order as provided in 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

a retirement system authorized by Section 951 et seq. of this title,

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 system

authorized by Section 951 et seq. of this title.

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,

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

Oklahoma Statutes - Title 19. Counties and County Officers

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 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 promulgated thereunder, and court cases interpreting said act.

10. The Board of Trustees may adopt such provisions 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 shall fully comply with

all provisions of the requirements imposed by the Board of Trustees

pursuant to this section in order to continue receiving benefits.

Added by Laws 1963, c. 182, § 4, emerg. eff. June 10, 1963. Amended

by Laws 1998, c. 198, § 4, eff. Nov. 1, 1998.