1. (a) In order for the Oklahoma Police Pension & Retirement Board to find in an individual proceeding that an applicant is a beneficiary based upon a common law marriage, the applicant asserting a common law marriage must prove by clear and convincing evidence the following elements:

   1. (1) An actual mutual agreement between the spouses to be husband and wife;
   2. (2) A permanent relationship;
   3. (3) An exclusive relationship, proved by cohabitation as husband and wife; and
   4. (4) The parties to the marriage must hold themselves out publicly as husband and wife.
2. (b) Documentation accepted by the board as evidence of the existence of a common law marriage shall be; joint tax returns; joint bank accounts titled as husband and wife; real property deeds titled as husband and wife; and/or titles to vehicles and machinery held as husband and wife.

Added at 28 Ok Reg 2061, eff 7-11-11

Amended at 34 Ok Reg 1888, eff 9-11-17