§ 17-109. Exemption from legal process
Oklahoma Statutes AnnotatedTitle 70. Schools
70 Okl.St.Ann. § 17-109
§ 17-109. Exemption from legal process
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,1 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 1986.2
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.
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.3
Credits
Laws 1969, c. 157, § 9, operative Aug. 2, 1969; Laws 1989, c. 249, § 43, eff. Jan. 1, 1989; Laws 1993, c. 322, § 17, emerg. eff. June 7, 1993; Laws 1998, c. 198, § 8, eff. Nov. 1, 1998; Laws 1999, c. 257, § 27, eff. July 1, 1999.
Footnotes
Title 70, § 17-101 et seq.
26 U.S.C.A. § 401.
O.S.L. 1993, c. 322, emergency effective June 7, 1993.
70 Okl. St. Ann. § 17-109, OK ST T. 70 § 17-109
Current with emergency effective legislation through Chapter 378 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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