A. There is hereby created an Oklahoma Wildlife Conservation Department Retirement Fund for the purpose of providing revenues for any retirement plan adopted by the Commission for the employees of the Department.
B. The method of calculation of benefits shall be the same for all employees covered under any plan adopted pursuant to this section.
C. No retirement plan adopted pursuant to this section shall pay any benefits or vest any benefits based on years of service credit related to years a plan member did not work or provide other public service.
D. The Oklahoma Department of Wildlife Conservation shall compile a quarterly financial report of all the funds of the Oklahoma Wildlife Conservation Department Retirement Fund on a fiscal year basis. The report shall be compiled pursuant to uniform reporting standards prescribed by the Oklahoma State Pension Commission for all state retirement systems. The report shall include several relevant measures of investment value, including acquisition cost and current fair market value with appropriate summaries of total holdings and returns. The report shall contain combined and individual rate of returns of the investment managers by category of investment, over periods of time. The Department shall include in the quarterly reports all commissions, fees or payments for investment services performed on behalf of the Department. The report shall be distributed to the Governor, the Oklahoma State Pension Commission, the Legislative Service Bureau, the Speaker of the House of Representatives and the President Pro Tempore of the Senate.
E. 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 section, the monies in the Oklahoma Wildlife Conservation Department Retirement Fund, are hereby exempt from levy and sale, garnishment, attachment or any other process whatsoever, and shall be unassignable except as in this section specifically provided.
F. 1. The provisions of subsection E of this section shall not apply to a qualified domestic order as provided pursuant to this subsection.
2. The term "qualified domestic order" means an order issued by a district court of this state, pursuant to the domestic relations laws of the State of Oklahoma, which relates to the provision of marital property rights to a spouse or former spouse of a member of any retirement fund created pursuant to subsection A of this section, or to the 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 and amounts payable to a plan participant of any retirement plan created pursuant to subsection A of this section.
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.
4. A qualified domestic order is valid and binding on the Commission or the entity responsible for the Retirement Fund and the related member only if it meets the requirements of this subsection.
5. A qualified domestic order shall clearly specify:
6. A qualified domestic order meets the requirements of this subsection only if such order:
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.
8. The obligation of the Commission or the entity responsible for the Retirement Fund to pay an alternate payee pursuant to a qualified domestic order shall cease upon the death of the related member.
9. This subsection shall not be subject to the provisions of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.A., Section 1001 et seq., as amended from time to time, or rules promulgated thereunder, and court cases interpreting said act.
10. The Oklahoma Wildlife Conservation Commission shall promulgate such rules as are necessary to implement the provisions of this subsection.
11. An alternate payee who has acquired beneficiary rights pursuant to a valid qualified domestic order shall fully comply with all provisions of the rules promulgated by the Commission pursuant to this section in order to continue receiving benefits.
Added by Laws 1974, c. 17, § 3-306, emerg. eff. April 8, 1974. Amended by Laws 1993, c. 322, § 11, emerg. eff. June 7, 1993; Laws 1995, c. 81, § 4, eff. July 1, 1995; Laws 1998, c. 198, § 6, eff. Nov. 1, 1998.
Structure Oklahoma Statutes
§29-2-101. Definitions of words and phrases.
§29-2-104.1. Commercial purposes.
§29-2-106.1a. Computer-assisted remote control hunting.
§29-2-108.1. Domesticated animal.
§29-2-109.2. Exotic livestock.
§29-2-112. Gallinaceous game bird.
§29-2-121.1. Night or nighttime.
§29-2-127. Other powerful light.
§29-2-132.1. Processed paddlefish eggs.
§29-2-133. Protected wildlife.
§29-2-146. Vehicle mounted spotlight.
§29-2-147. Waters of this state.
§29-3-103. Functions, powers and duties of the Commission.
§29-3-103a. Special permits for designated species.
§29-3-103b. Setback and conservation easements.
§29-3-104. Director of Wildlife Conservation - Creation of office.
§29-3-105. Powers and duties of the Director - Succession of interest.
§29-3-202. Authorized agents - Penalty for false representation.
§29-3-203. Oaths of office - Bonds.
§29-3-205.2. Jurisdiction for commission of offense.
§29-3-205.3. Arrest without warrant.
§29-3-301. Dispositions of monies from fines and forfeitures - Reports and transmittals.
§29-3-302. Wildlife Conservation Fund.
§29-3-303. Acquisition of property - Payments in lieu of tax payments.
§29-3-304. Lease of lands - Advertisement.
§29-3-305. Investment of fees.
§29-3-307. Worker's compensation insurance.
§29-3-309. Retention of firearm by warden upon retirement.
§29-3-310. Wildlife Diversity Program - Wildlife Diversity Fund.
§29-3-311. Wildlife Diversity Program - Review of utilization of funds.
§29-3-312. Wildlife habitat development program - Contracts with private landowners - Liability.
§29-3-313. Law Enforcement Officer Training Account.
§29-3-315. Fish or game animal food charitable distribution program.
§29-4-103. Commercial fishing license.
§29-4-103A. Commercial turtle harvester license.
§29-4-103B. Commercial turtle buyer's license.
§29-4-104. Commercial fishing helper's license.
§29-4-104A. Commercial turtle harvesting helper's license.
§29-4-105. Commercial fisherman's permit to sell out of state.
§29-4-106. Commercial hunting area licenses - Big game or upland game.
§29-4-107.1. Circuses – Application of act.
§29-4-107.2. See the following versions:
§29-4-107.2v1. Permit - Management of depredating animals by use of aircraft - Violations.
§29-4-107.2v2. Permit - Management of depredating animals by use of aircraft - Violations.
§29-4-108. Falconer's license.
§29-4-108A. Falconry - Bonding rules and regulations.
§29-4-109. Shoot-to-kill field trial license.
§29-4-111. Fur dealer's license.
§29-4-112. See the following versions:
§29-4-112A. Hunting - Certificate of competency and safety – Exemptions – Apprentice designation.
§29-4-112v1. Hunting licenses.
§29-4-112v2. Hunting licenses.
§29-4-113. Hunting/fishing annual combination license.
§29-4-113.1. Five-year fishing, hunting and hunting/fishing combination licenses.
§29-4-113.2. Three-day special use permit – Veterans, nonprofit or charitable organizations.
§29-4-113A. Fishing guide license.
§29-4-114. Hunting, fishing, and hunting/fishing lifetime licenses.
§29-4-115. Minnow dealer's interstate license.
§29-4-116. Minnow dealer's intrastate license - Exceptions.
§29-4-117. Minnow dealer's vehicle license.
§29-4-118. Scientific purposes license.
§29-4-121. Noncommercial wildlife breeder's license.
§29-4-122. Noncommercial wildlife breeders license - Personal uses.
§29-4-128. Lake Texoma - Licenses and permits - Exemptions - Fees - Violations - Penalties.
§29-4-128.1. Condition necessary for act to become effective.
§29-4-129. Mussels - Harvesting - Licenses and permits - Fees - Violations - Penalties.
§29-4-130. Waterfowl hunting stamp - Fee - Duration - Violations - Exemptions.
§29-4-132. Wildlife habitat stamp - Wildlife Land Acquisition Fund.
§29-4-134. Wildlife Heritage Fund.
§29-4-135. Permits to control nuisance or damage by wildlife.
§29-4-135.2. Nuisance or damage control of coyotes or feral swine.
§29-4-136. Special use permits to use private land leased and administered by the Department.
§29-4-137. Controlled hunt choice fees.
§29-4-138. Wildlife Conservation Passports – Exemptions.
§29-4-139. Migratory bird permit - Sandhill Crane permit – Violation – Penalty.
§29-4-140. Wildlife Land Stamp – Exemptions - Fee.
§29-4-141. Oklahoma Wildlife Land Fund.
§29-4-143. Rattlesnake hunting permit.
§29-4-144. Black bear hunting license.
§29-4-203. Issuance of licenses through electronic point of sale system - Promulgation of rules.
§29-5-103. Liberation of propagated and other birds.
§29-5-201. Means of taking wildlife - Exceptions - Fines and punishments.
§29-5-202. Permission to hunt, take, fish or engage in recreational activity upon land of another.
§29-5-202.1. Revocation of hunting or fishing license.
§29-5-203. Carrying firearms while training dogs.
§29-5-203.2. Restrictions on laser sighting devices - Exceptions.
§29-5-205. Required clothing for hunting.
§29-5-206. Falconry provisions – Use – Transportation - Fine.
§29-5-207. Nest or eggs of game birds - Taking or destroying.
§29-5-208. Falconry field meets.
§29-5-301. Limitation on predator control devices - Procedures for use.
§29-5-401. Wildlife Conservation Commission - Seasons - Rules.
§29-5-402. Punishment for violations of this article.
§29-5-404. Cottontail or swamp rabbits.
§29-5-406.1. Double-crested Cormorant - Nuisance.
§29-5-410. Hawks, falcons, owls, eagles.
§29-5-411.1. Taxidermist sale of unclaimed specimen - Requirements.
§29-5-411.2. Taxidermy specimen of native wildlife - Estate sale.
§29-5-412. Endangered or threatened species or subspecies.
§29-5-412.1. Publication of listing of endangered or threatened species or subspecies.
§29-5-413. Mounted specimens of wildlife - Seizure of items, equipment, vehicles or other property.
§29-5-415. Release of unclaimed, processed, lawfully harvested venison.
§29-5-504. Fur dealers' register reports.
§29-5-602. Confinement of wildlife to premises.
§29-6-201. Operating provisions for commercial fishermen.
§29-6-202. Contract commercial fishing.
§29-6-203. Setting of seasons.
§29-6-204. Operating provisions for commercial turtle harvesters.
§29-6-302. The taking of game fish - Bag limits - Penalty.
§29-6-303. Taking of nongame fish.
§29-6-303.1. Paddlefish products.
§29-6-304. Permission to fish upon the land of another.
§29-6-305. Stocking of private ponds.
§29-6-306. Taking of nongame fish.
§29-6-401. Operating provisions for minnow dealers.
§29-6-502. Closing the waters of this state.
§29-6-503. City and town wildlife commissions - Powers.
§29-6-504. Release of fish in public waters.
§29-6-601. Controls on noxious aquatic plants.
§29-7-101. Dams constructed by the U.S.; safety zones.
§29-7-102. Pensacola Dam - Fishing limitations after closing dam.
§29-7-102.1. Harvesting of shad by licensed bait dealers.
§29-7-201. Punishment for violations not otherwise provided for.
§29-7-202. Attempted violation.
§29-7-203. Aiding and/or abetting.
§29-7-204. Ownership of wildlife.
§29-7-207. Unlawful offenses related to wildlife - Restitution.
§29-7-208. Payment of administrative fine in lieu of bond – Deposit and use of fines.
§29-7-302. State fish hatcheries - Disturbing waters, ponds, property.
§29-7-303. Private parks, preserves, clubs or resorts.
§29-7-304.1. Lyndol Fry Waterfowl Refuge.
§29-7-305. Cooperative wildlife restoration projects.
§29-7-401. Deleterious, noxious or toxic substances.
§29-7-402. Activities in other states injurious.
§29-7-403. Removal and disposition of dead fish.
§29-7-502. General prohibition on possession of wildlife - Exceptions.
§29-7-504. Importation, sale, possession of aigrettes, plumes, feathers, quills, wings, etc.
§29-7-601. Common carrier requirements.
§29-7-602. General prohibition against transporting wildlife - Exceptions.
§29-7-701. Lands contained in the wilderness area.
§29-7-702. Ingress and egress.
§29-7-703. Prohibition on motor-driven devices within the wilderness area.
§29-7-704. Prohibition of commercial operations.
§29-7-705. Prohibition on removal of wildlife and plants.
§29-7-706. Prohibition on permanent structures.
§29-7-801. Exotic wildlife - Penalties for releasing.
§29-8-101. Liberal interpretation.
§29-8-102. Effect of headings.
§29-8-104. Resolution penalty provision.
§29-9-111. Wildlife Bail Procedure Act.
§29-9-112. Oklahoma Wildlife Conservation Code – Violations - Bail.
§29-9-113. Wildlife citation – Failure to comply.
§29-10-101. Interstate Wildlife Violator Compact.
§29-10-102. Enforcement and administration of Interstate Wildlife Violator Compact.
§29-10-103. Forfeiture of hunting, trapping, or fishing licenses – Notice - Penalties.
§29-10-104. Suspension of hunting, trapping, or fishing privileges – Notice - Penalties.
§29-10-105. Procedures for suspension hearing.
§29-1001. Use of certain mechanical fishing devices prohibited - Penalties.