Determination of benefits. A. Any Justice or judge of the Supreme Court, Court of Criminal Appeals, Court of Appeals, Workers’ Compensation Court or district court who has reached the age of fifty-five (55) years and has served as Justice or judge of any of the named courts in the State of Oklahoma for a period of fifteen (15) continuous years or longer, next preceding application for disability retirement, may receive as retirement disability compensation a maximum monthly benefit in an amount equal to four percent (4%) of the average monthly salary received by the member when the member served as a Justice or judge based on the last three (3) years of active service multiplied by the total number of years of service on the named courts. But in no event may such retirement disability of a Justice or judge who incurs a disability before July 1, 2004, exceed seventy percent (70%) or one hundred percent (100%), for a Justice or judge who incurs a disability after June 30, 2004, of the average monthly salary based on the highest three (3) years of active service and found applicable to such Justice or judge at the time of retirement, when such Justice or judge is ordered to retire from office with compensation by the Court on the Judiciary for the reason of physical disability preventing the proper performance of official duty. The decree of the Court on the Judiciary shall set forth the amount of compensation the Justice or judge so retired shall receive, which compensation shall be payable out of the State Judicial Retirement Fund. The only optional form of benefit payment available for disability benefits is Option A, as provided for in Section 3 of this act. Option A must be elected in accordance with the provisions of Section 3 of this act. Benefit payments shall cease upon the member's recovery from disability prior to the normal retirement date. Future benefits, if any, shall be paid based upon length of service and compensation as of the date of disability. In the event that disability ceases and the member returns to employment within the System, credited service to the date of disability shall be restored, and future benefits shall be determined accordingly. B. For members of the System who are married on September 1, 2005, and who are still making the additional three percent (3%) surviving spouse contributions as of that date, the surviving spouse benefit shall be as follows: 1. The surviving spouse of a deceased Justice or judge having at least eight (8) years of service shall be entitled to receive survivor benefits in the amount herein prescribed, if married to the decedent ninety (90) days prior to the termination of the member’s employment as a Justice or judge and has been so married to the member continuously for a period of at least three (3) years immediately preceding his death, provided that the required additional contributions are made; 2. Survivor benefits shall be payable in accordance with Section 1001 et seq. of this title if the surviving spouse has then attained the age of sixty (60) years or, if then under such age, immediately upon his attainment of that age or if the surviving spouse is disabled or when the deceased member served for a minimum of ten (10) years and the Workers’ Compensation Court determines that the death arose out of and in the course of employment or when the deceased member would have met the requirements for retirement, whichever occurs first; 3. The amount of the benefits the surviving spouse may receive shall be as follows: a. fifty percent (50%) of the amount of benefits the deceased Justice or judge was receiving immediately prior to the member’s death, or b. fifty percent (50%) of the amount the deceased Justice or judge would have been entitled to receive on the date of the member’s death, the annual rate of such benefits to be determined without regard to whether the deceased Justice or judge had attained minimum retirement age at the time of the member’s death, and c. such additional amounts as the surviving spouse is eligible for in accordance with Section 1103A of this title; or 4. In lieu of the benefits and provisions provided in paragraphs 1, 2, and 3, of this subsection, the members described in this subsection may elect upon retirement an Option A or B as provided in Section 3 of this act. C. Members who are single as of September 1, 2005, and who made the additional three percent (3%) spousal contribution at any time prior to that date, may apply to receive a refund or transfer of such additional contributions and an unreduced retirement benefit. To receive this refund, the qualifying member must file an application for the refund with the System by December 1, 2005. The applicable contributions shall be transferred pursuant to this subsection and the procedures established by the Board. It is the intent of the Legislature that the excess contributions which were paid on a pretax basis and considered as picked up under the provisions of Section 414(h)(2) of the Internal Revenue Code of 1986 shall be transferred directly to an account established for the employee in the Oklahoma State Employees Deferred Savings Incentive Plan, created under 401 (a) of the Internal Revenue Code of 1986. The excess contributions which were paid on an after-tax basis and not considered picked up under the provisions of Section 414(h)(2) of the Internal Revenue Code of 1986 shall be transferred to the Deferred Compensation Plan created under 457 of the Internal Revenue Code of 1986. The provisions for refund or transfer contained in this subsection shall not take effect until the Board receives official written notice that this distribution satisfies the tax qualification requirements for governmental plans applicable to such refunds or transfers as specified in the Internal Revenue Code of 1986, as amended from time to time, and as applicable to governmental plans and the relevant regulatory provisions and guidance related thereto. The application and receipt of a refund under this subsection shall operate as an irrevocable waiver of any survivor benefit available under this act. In lieu of receiving a refund of contributions the member may elect at retirement to have a survivor option as provided in Section 3 of this act with a reduced benefit. The Board of Trustees of the Uniform Retirement System for Justices and Judges shall promulgate any rules necessary to implement the provisions of this subsection. D. Single members at the time of retirement who never made the additional three percent (3%) spousal contribution, as provided in Section 1103 of this title, shall receive an unreduced retirement benefit or may elect at retirement to have a survivor option as provided in Section 3 of this act with a reduced benefit. The Board of Trustees of the Uniform Retirement System for Justices and Judges shall promulgate any rules necessary to implement the provisions of this subsection. E. Members who are married as of September 1, 2005, but who are not paying the additional three percent (3%) surviving spousal contribution as a result of waiver and consent of the spouse, shall be eligible for a survivor option as provided in Section 3 of this act. F. Members who join the system after August 31, 2005, shall be eligible for a survivor option as provided in Section 3 of this act. G. Any Justice, judge or surviving spouse meeting the requirements for disability retirement benefits as provided in this section may make application to the Court on the Judiciary for a determination of disability retirement benefits. The Justice, judge or surviving spouse making application shall be required by the Court on the Judiciary to be examined by two recognized physicians selected by the Court to determine the extent of disability of such applicant. The examining physicians shall furnish the Court a detailed written report of the disability of the examined applicant. The Court shall then determine whether the applicant, if the member is a Justice or judge, has a disability preventing the proper performance of the member’s official duties. If the applicant is a surviving spouse the court shall determine whether such surviving spouse is disabled. If the Court determines that the applicant is disabled, the Court shall order disability retirement benefits as provided by this section. The Court shall require all persons receiving disability benefits to submit to a physical examination once each year for the three (3) years following the start of disability benefits. The Court shall select two physicians to examine such persons and if they are found no longer disabled by the examining physicians the Court shall terminate such disability benefits. The Justice, judge or surviving spouse shall then be entitled to receive such other benefits as they may be entitled to by law. Added by Laws 1970, c. 104, § 1, eff. July 1, 1970. Amended by Laws 1974, c. 247, § 1, emerg. eff. May 23, 1974; Laws 1979, c. 255, § 1, eff. July 1, 1979; Laws 1982, c. 360, § 1, eff. Oct. 1, 1982; Laws 1989, c. 224, § 1, eff. July 1, 1989; Laws 1995, c. 318, § 1, eff. July 1, 1995; Laws 1998, c. 81, § 1, eff. July 1, 1998; Laws 1999, c. 257, § 9, eff. July 1, 1999; Laws 2004, c. 536, § 6, eff. July 1, 2004; Laws 2005, c. 464, § 2, eff. Sept. 1, 2005.
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