Oklahoma Administrative Code
Title 590 - Oklahoma Public Employees Retirement System
Chapter 30 - Qualified Domestic Relations Orders
Section 590:30-1-4 - Contents of qualified domestic relations order
Current through Vol. 41, No. 13, March 15, 2024
For a qualified domestic relations order (QDRO) to be accepted and binding on the System the order must meet the following requirements:
(1) The order must clearly specify the following:
(2) The order meets the requirements of this section only if such order:
(3) 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, unless the exact dollar amount is also provided. The order may not provide a formula which requires the System to calculate the amount payable to an alternate payee.
(4) If the Order awards a dollar amount, subsequent benefit adjustment will not change the amount of payment to an alternate payee unless the order specifically provides for the apportionment of future cost of living increases. If the order awards a percentage of the total benefit, the payment to the alternate payee may increase or decrease due to subsequent benefit adjustments, unless the order directs otherwise.
(5) Upon the effective date of the Medicare Gap Benefit option as provided in Chapter 10, Subchapter 19, of these rules, the order must contain a provision requiring that the award will only be made if the Pre-Medicare and/or Post Medicare Benefit amounts of the member are sufficient to make the required payment to the alternate payee and result in a payment amount to the member of at least One Hundred Dollars ($100.00) per month.
Added at 12 Ok Reg 3255, eff 7-27-95; Amended at 16 Ok Reg 616, eff 12-2-98 (emergency); Amended at 16 Ok Reg 2017, eff 6-11-99; Amended at 20 Ok Reg 1758, eff 6-12-03; Amended at 23 Ok Reg 1487, eff 5-25-06