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AG Opinion 2019-1

AG Opinion 2019-1

Upon the death of an alternate payee who was entitled to a portion of member benefits as set forth in a valid qualified domestic order pursuant to 11 O.S.2011, § 50-124, the benefit payments assigned to the alternate payee cease. The surviving spouse or child of the deceased alternate payee is not entitled to continued payments as the beneficiary of the deceased alternate payee.

The definition of “beneficiary” under 11 O.S.2011, § 50-101(13) does not include the surviving spouse or child of a deceased alternate payee of the related member under a qualified domestic order issued pursuant to 11 O.S.2011, § 50-124. However, if the surviving child of the deceased alternate payee is also the child of a member, the child is a beneficiary of the member.  

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