Oklahoma § 74-916.3 - See the following versions:

§ 74-916.3. See the following versions:

OS 74-916.3v1 (HB 1805, Laws 2024, c. 139, § 3).

OS 74-916.3v2 (HB 1068, Laws 2024, c. 280, § 3).

§74-916.3v1. Pension benefit on behalf of correctional, probation

and parole officers killed in the line of duty - Dependent children

and education.

A. 1. Notwithstanding the provisions of Sections 901 through

932 of this title, a monthly pension, as provided in subsection B of

this section, shall be paid on behalf of any member who is a

correctional officer or probation and parole officer of the

Department of Corrections and who is killed or mortally wounded on

or after January 1, 2000, during the performance of the member's

duties for the Department or any employee of the Department of

Corrections who is killed or mortally wounded after June 30, 2004,

during the performance of the member's duties for the Department.

2. The monthly pension described in this section shall be paid

on behalf of any member first hired by any county that is a

participating employer in the System as a deputy sheriff or jailer

on or after November 1, 2020, and who is killed or mortally wounded

during the performance of the member's duties as a deputy sheriff or

jailer.

3. The monthly pension described in this section shall be paid

on behalf of a licensed emergency medical personnel hired by any

participating employer for the first time as a licensed emergency

medical personnel on or after the effective date of this act, and

who is killed or mortally wounded during the performance of the

member's duties as an emergency medical personnel.

B. The monthly benefit shall be equal to:

1. Two and one-half percent (2 1/2%);

2. Multiplied by twenty (20) years of service, regardless of

the actual number of years of credited service performed by the

member prior to death, if the member had performed less than twenty

(20) years of credited service, or the actual number of years of

credited service of the member if greater than twenty (20) years;

3. Multiplied by the member's final average compensation; and

4. Divided by 12.

C. The pension provided for in subsection A of this section

shall be paid:

1. Except as provided in subsection D of this section, to the

surviving spouse for life; or

Oklahoma Statutes - Title 74. State Government

2. If there is no surviving spouse or upon the death of the

surviving spouse:

a.

to the surviving child or children of said member or

legal guardian of such child or children for such time

as such child or children are under the age of

eighteen (18) years, or

b.

to the surviving child or children between the age of

eighteen (18) and twenty-two (22) years if the child

is enrolled full time in and is regularly attending a

public or private school or any institution of higher

education.

D. No surviving spouse shall receive benefits from this

section, Section 49-113 of Title 11 of the Oklahoma Statutes,

Section 50-117 of Title 11 of the Oklahoma Statutes, or Section 2306 of Title 47 of the Oklahoma Statutes as the surviving spouse of

more than one member of the Oklahoma Firefighters Pension and

Retirement System, the Oklahoma Police Pension and Retirement

System, the Oklahoma Law Enforcement Retirement System, or the

Oklahoma Public Employees Retirement System. The surviving spouse

of more than one member shall elect which member's benefits he or

she will receive.

E. In addition to the pension above provided for, if said

member leaves one or more children under the age of eighteen (18)

years or under the age of twenty-two (22) years if the child is

enrolled full-time in and is regularly attending a public or private

school or any institution of higher education, Four Hundred Dollars

($400.00) a month shall be paid to the surviving spouse or to the

person having the care and custody of such children if there is no

surviving spouse or if the surviving spouse dies and until each

child reaches the age of eighteen (18) years or reaches the age of

twenty-two (22) years if the child is enrolled full-time in and is

regularly attending a public or private school or any institution of

higher education.

F. The pension benefit provided in this section shall be made

prospectively only from July 1, 2000. The benefits shall be payable

beginning the later of the first day of the month following the date

that such employee was killed or dies from a mortal wound, as

provided in this section, or July 1, 2000.

G. The Board of Trustees of the Oklahoma Public Employees

Retirement System shall promulgate such rules as are necessary to

implement the provisions of this section.

Added by Laws 2000, 1st Ex. Sess., c. 8, § 22, eff. July 1, 2000.

Amended by Laws 2004, c. 539, § 4, eff. July 1, 2004; Laws 2020, c.

112, § 3, eff. Nov. 1, 2020; Laws 2024, c. 139, § 3, eff. Nov. 1,

2024.

Oklahoma Statutes - Title 74. State Government

§74-916.3v2. Pension benefit on behalf of correctional, probation

and parole officers killed in the line of duty - Dependent children

and education.

A. Notwithstanding the provisions of Sections 901 through 932

of this title, a monthly pension, as provided in subsection B of

this section, shall be paid on behalf of any member who is a:

1. Correctional officer or probation and parole officer of the

Department of Corrections and who is killed or mortally wounded on

or after January 1, 2000, during the performance of the member's

duties for the Department or any employee of the Department of

Corrections who is killed or mortally wounded after June 30, 2004,

during the performance of the member's duties for the Department;

2. Deputy sheriff or county jailer first hired on or after

November 1, 2020, by any county that is a participating member in

the System, and who is killed or mortally wounded during the

performance of the member's duties as a deputy sheriff or jailer;

and

3. Deputy sheriff or county jailer first hired before November

1, 2020, by any county that is a participating employer in the

System, and who is killed or mortally wounded during the performance

of the member's duties for the participating county on or after

November 1, 2024.

B. The monthly benefit shall be equal to:

1. Two and one-half percent (2 1/2%);

2. Multiplied by twenty (20) years of service, regardless of

the actual number of years of credited service performed by the

member prior to death, if the member had performed less than twenty

(20) years of credited service, or the actual number of years of

credited service of the member if greater than twenty (20) years;

3. Multiplied by the member's final average compensation; and

4. Divided by 12.

C. The pension provided for in subsection A of this section

shall be paid:

1. Except as provided in subsection D of this section, to the

surviving spouse for life; or

2. If there is no surviving spouse or upon the death of the

surviving spouse:

a.

to the surviving child or children of said member or

legal guardian of such child or children for such time

as such child or children are under the age of

eighteen (18) years, or

b.

to the surviving child or children between the age of

eighteen (18) and twenty-two (22) years if the child

is enrolled full time in and is regularly attending a

public or private school or any institution of higher

education.

Oklahoma Statutes - Title 74. State Government

D. No surviving spouse shall receive benefits from this

section, Section 49-113 of Title 11 of the Oklahoma Statutes,

Section 50-117 of Title 11 of the Oklahoma Statutes, or Section 2306 of Title 47 of the Oklahoma Statutes as the surviving spouse of

more than one member of the Oklahoma Firefighters Pension and

Retirement System, the Oklahoma Police Pension and Retirement

System, the Oklahoma Law Enforcement Retirement System, or the

Oklahoma Public Employees Retirement System. The surviving spouse

of more than one member shall elect which member's benefits he or

she will receive.

E. In addition to the pension above provided for, if said

member leaves one or more children under the age of eighteen (18)

years or under the age of twenty-two (22) years if the child is

enrolled full-time in and is regularly attending a public or private

school or any institution of higher education, Four Hundred Dollars

($400.00) a month shall be paid to the surviving spouse or to the

person having the care and custody of such children if there is no

surviving spouse or if the surviving spouse dies and until each

child reaches the age of eighteen (18) years or reaches the age of

twenty-two (22) years if the child is enrolled full-time in and is

regularly attending a public or private school or any institution of

higher education.

F. The pension benefit provided in this section shall be made

prospectively only from the effective date of this act. The

benefits shall be payable beginning the later of the first day of

the month following the date that such employee was killed or dies

from a mortal wound, as provided in this section, or the effective

date of this act.

G. The Board of the Oklahoma Public Employees Retirement System

shall promulgate such rules as are necessary to implement the

provisions of this section.

Added by Laws 2000, 1st Ex. Sess., c. 8, § 22, eff. July 1, 2000.

Amended by Laws 2004, c. 539, § 4, eff. July 1, 2004; Laws 2020, c.

112, § 3, eff. Nov. 1, 2020; Laws 2024, c. 280, § 3, eff. Nov. 1,

2024.