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OKLAHOMA TEACHERS RETIREMENT SYSTEM

QUALIFIED DOMESTIC ORDER—STATUTES—70 O.S. § 17-109 (B)

The provisions of subsection A of this section shall not apply to a qualified domestic order as provided pursuant to

this subsection.

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 an alternate payee, or assigns to an alternate payee the right to receive a portion of benefits

payable with respect to a member of the Retirement System. {OAC 715:10-25-1. Definition}

3. For purposes for 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: {OAC 715:10-25-3(1)(A-E)}

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,

the amount or percentage of the member’s benefits to be paid by the Retirement System to the alternate payee,

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

each plan to which such order applies.

6. A qualified domestic order meets the requirements of this subsection only if such order: {OAC 715:10-25-3(2)(A-C)}

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,

does not require the Retirement System to provide increased benefits, and

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. {OAC 715:10-25-3(2)(D)}

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. {OAC 715:10-25-5}

9. This subsection shall not be subject to the provisions of the Employee Retirement Income Security Act of 1974

(ERISA0, 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. {OAC 715:10-25-6}

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.

[Beyond the rules that restate the statutes, the following rules were

implemented or expanded: OAC 715:10-25-2 Filing a qualified domestic order; OAC 715:10-25-4 Payment to alternate

payee; and OAC 715:10-25-5 Termination of a qualified domestic order.]

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.

Marital Property Valuation - 401(A) Defined Benefit Account - Oklahoma Teachers Retirement System Page 8