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Oklahoma Teachers Retirement System

(2) The order meets the requirements of this section only if

such order: {70 O.S. § 17-109(B)(6)(a-c) & (7)}

Oklahoma Administrative Code: OAC 715.

(A) does not require Teachers' Retirement to provide any

RULES: Chapter 10 General Operations.

type or form of benefit, or any option not otherwise provided

under the state law as related to the Retirement System,

Subchapter 25. Qualified Domestic Order

715:10-25-1. Definition

(B) does not require Teachers' Retirement to provide

715:10-25-2. Filing a qualified domestic order

increased benefits,

715:10-25-3. Contents of a qualified domestic order

715 10-25-4. Payment to alternate payee

payee which are required to be paid to another alternate payee

715:10-25-5. Termination of a qualified domestic order

pursuant to another order previously determined to be a

715:10-25-6. Teachers' Retirement not subject to ERISA

qualified domestic order or an order recognized by the

Retirement System as a valid order prior to the effective date

715:10-25-1. Definition

{70 O.S. § 17-109 (B)(2)}

of this subchapter, and

(D) does not require payment of benefits to an alternate

The term "qualified domestic order" means an order issued by

a district court of the State of Oklahoma pursuant to the

payee prior to the actual retirement date of the related member

domestic relations laws of this state which relates to the

or prior to the date the member elects to receive a lump sum

provision of marital property rights to a spouse or former

distribution of his or her retirement account.

spouse of a member and which creates or recognizes the

existence of an alternate payee's right to, or assigns to an

715:10-25-4. Payment to alternate payee

{§ 17-109(B)(7)}

alternate payee the right to receive a portion of the benefits

payable with respect to a member of the Teachers' Retirement

Payments to an alternate payee will be made in a like manner

System.

and at the same time payment is made to the member.

Payment will be either a lump sum distribution of the

715:10-25-2. Filing a qualified domestic order

contributions and interest due the member upon termination of

service or death, or monthly benefit payments under the

A member of Teachers' Retirement, his or her legal

retirement options available to the member at the time he or

representative, a member's former spouse, or his or her legal

she applies for retirement benefits. The alternate payee shall

representative may file a qualified domestic order with the

not be allowed to choose a method of payment that is different

Teachers' Retirement System. In not less than thirty (30) days

from the method chosen by the member.

The alternate payee

of such filing, Teachers' Retirement will acknowledge receipt

may not receive payment of any kind prior to the member

and notify all parties listed in the order that the order has been

making application and becoming eligible for payment of

accepted or that clarification of the order must be provided to

benefits.

Federal and Oklahoma state income taxes will be

Teachers' Retirement. All qualified domestic orders filed with

withheld from the payment to an alternate payee in accordance

the Teachers' Retirement System of Oklahoma must be in

with applicable federal and state statutes.

accordance with Oklahoma Statutes and must conform to the

provisions of 70 O.S., Section 17-109, as amended. TRS Form

715:10-25-5. Termination of a QDO

{§ 17-109(B)(8)}

110.46 OTRS Qualified Domestic Order is available upon

request and its use is recommended.

A qualified domestic order will terminate when Teachers'

Retirement has fully met the provisions of the order.

The

[Source: Added at 10 Ok Reg 4829, eff 9-17-93 through 7-14-

obligation of the Teachers' Retirement System to pay an

94 (emergency)

; Added at 11 Ok Reg 4251, eff 7-25-94;

alternate payee pursuant to a qualified domestic order shall

Amended at 25 Ok Reg 2598, eff 7-11-08]

cease upon the death of the related member.

In the event a

qualified domestic order requires the benefits payable to an

715:10-25-3. Contents of qualified domestic order

{70 O.S.

alternate payee to terminate upon the remarriage of the

§ 17-109(B)(5-7)}

alternate payee, the Retirement System shall terminate said

benefit only upon the receipt of a certified copy of a marriage

For a qualified domestic order to be accepted and binding on

license, or a copy of a certified order issued by the court that

the Teachers' Retirement System the order meet the following

originally issued said qualified domestic order declaring the

requirements:

remarriage of said alternate payee. The order may be

(1) The order must clearly specify the following: {70 O.S. § 17-

cancelled or modified by the court that originally issued the

109(B)(5)(a-e)}

order.

(A) the name and last-known mailing address (if any) of the

member and the name and mailing address of the alternate

715:10-25-6. Teachers' Retirement not subject to ERISA

payee covered by the order,

{70 O.S. § 17-109(B)(9)}

(B) the amount or percentage of the member's benefits to be

paid by Teachers' Retirement to the alternate payee,

For purposes of this subchapter the Teachers' Retirement

applies,

System of Oklahoma is not subject to the provisions of the

(D) the characterization of the benefit as to marital property

Employee Retirement Income Security Act of 1974 (ERISA),

rights, and whether the benefit ceases upon the death or

29 U.S.C.A Section 1001, et seq., as amended from time to

remarriage of the alternate payee, and

time, or rules and regulations promulgated thereunder, and

(E) each plan to which such order applies.

court cases interpreting said act.

Marital Property Valuation - 401(A) Defined Benefit Account - Oklahoma Teachers Retirement System Page 7

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