Oklahoma Code § 74-916.3v2

Title 74. State Government: Pension benefit on behalf of correctional, probation
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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.

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 2-
306 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.

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