Okla. Admin. Code § 715:10-15-11.1

Current through Vol. 42, No. 7, December 16, 2024

Section 715:10-15-11.1 - [Effective until 9/14/2025] Designation of Trustee of Oklahoma Discretionary and Special Needs Trust as joint annuitant or beneficiary

(a) 70 O.S. § 17-105(M)(3) provides that any person who is eligible to be named as a beneficiary or joint annuitant, and who is also a beneficiary of a trust created under the Oklahoma Discretionary and Special Needs Trust Act, or comparable Trust Act under another state, may be a beneficiary or joint annuitant of a retired member by having the trustee of the trust established for the benefit of that individual named as the legal beneficiary or joint annuitant. Benefit payments shall be paid to the Trustee for the benefit of the beneficiary.

(b) If a beneficiary or joint annuitant, at the time of or subsequent to being named a beneficiary or joint annuitant of a TRS member, is or becomes the beneficiary of a Special Needs Trust, TRS will acknowledge the trust as the beneficiary or joint annuitant and make payments to the Trustee once the following has been submitted to and approved by TRS:

(1) Trust creation documents which include the following:

(A) Provision that the trust is non-revocable;

(B) Provision for only one beneficiary of the trust which cannot be changed and provision no other beneficiaries may be added; and,

(C) Provision that the beneficiary must hold all interests in the trust except for the remainder interest to be paid in the event of the beneficiary's death;

(2) Signed and notarized acknowledgment from Trustee that he or she will notify TRS within 15 (fifteen) days of the death of the beneficiary, or in the event a new Trustee is appointed, or any other change to the Trust documents that would affect the eligibility of the beneficiary or Trustee from being eligible to be named a beneficiary under subsection (b) such as addition of a beneficiary, etc.; and, the tax identification number of the Trust, as well as the Social Security number of the Trust beneficiary.

Okla. Admin. Code § 715:10-15-11.1

Added at 34 Ok Reg 513, eff 2/3/2017 (emergency)

Adopted by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/14/2017

Amended by Oklahoma Register, Volume 42, Issue 5, November 15, 2024, eff. 10/15/2024, exp. 9/14/2025 (Emergency)