The Tax-Sheltered Annuity Program provided by Section 17-101 et seq. of this title shall satisfy the applicable qualification requirements for grandfathered governmental tax-sheltered annuity programs as specified in 26 U.S.C. § 403(b) and the relevant regulatory provisions and guidance related thereto. In order to satisfy these requirements and guidelines, the Teachers' Retirement Tax-Sheltered Annuity Program shall be subject to the following provisions, notwithstanding any other provision of the law governing the Oklahoma Teachers' Retirement System:
- (1) The Board of Trustees shall administer and distribute the corpus and income of the Tax-Sheltered Annuity Program to members and their beneficiaries pursuant to the applicable requirements under 26 U.S.C. § 403(b), relevant regulatory provisions and guidance under 26 U.S.C. § 403(b), and in accordance with the law governing the Oklahoma Teachers' Retirement System.
- (2) All benefits paid from the retirement system shall be distributed in accordance with the applicable requirements of 26 U.S.C. §§ 403(b)(10) and 401(a)(9) and the regulations thereto.
- (3) To the extent required by 26 U.S.C. §§ 403(b)(10) and 401(a)(31), the retirement system shall allow members and qualified beneficiaries to elect a direct rollover of eligible distributions to another eligible retirement plan.
- (4) To the extent required under 26 U.S.C. § 403(b)(11) and the regulations thereto, distributions under the Tax-Sheltered Annuity Program shall only be paid when the member attains the age of fifty-nine and one-half (59 1/2) years, separates from service, dies, becomes disabled, or in the case of hardship.
Laws 1994, HB 2096, c. 380, § 2, emerg. eff. July 1, 1994.