Okla. Admin. Code § 590:40-11-4 - Contents of qualified domestic relations order
(a)
Requirements for acceptance.
For a qualified domestic relations order to be accepted and binding on OPERS ,
the order must meet the requirements as set forth in this Section.
(b)
Contents. The order must
clearly specify the following:
(1) the name,
mailing address, and Social Security number of the Participant and the
alternate payee covered by the order;
(2) the dollar amount or exact percentage of
the Participant 's benefits to be paid to the alternate payee;
(3) the characterization of the benefit as to
marital property rights or child support, and whether the benefit ceases upon
the death or remarriage of the alternate payee;
(4) the order applies to the Participant 's
accounts in the 401(a) plan , the 457(b) plan, or both;
(5) the date of marriage and the date of
commencement of divorce proceedings giving rise to the order for division of
marital property;
(6) if the order
is for child support, the name, date of birth, and Social Security number of
each child covered by the order;
(7) if the order is for child support, the
exact amount (if any) awarded in continuing child support for each child and
the exact amount (if any) awarded for arrearages; and
(8) any conditions that will cause the order
to terminate.
(c)
Contents not permitted. The order meets the requirements of this
Section only if such order:
(1) does not
require OPERS to provide any type or form of benefit or any option not
otherwise provided under the state law as related to this Plan or
OPERS ;
(2) does not require OPERS
to provide increased benefits;
(3)
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 relations order by OPERS ;
and
(4) does not require payment of
benefits to an alternate payee prior to the earliest date permitted under the
terms of the Plan.
(d)
Amounts required. The order must provide an exact dollar amount or
percentage of total benefit. The order may not provide for a percentage of the
benefit accrued on a given date. The order may not provide a formula which
requires OPERS to calculate the amount payable to an alternate payee.
Notes
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