{"data":{"id":"us-ok/okla.-stat.-tit.-11-11-49-112","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 11, § 11-49-112","heading":"Pensions for loss of life","body":"A. Whenever any member of the fire department shall lose his or\n\nher life by reason of any injury or sickness sustained by him or her\n\nwhile in, or in consequence of, the performance of his or her duty\n\nor while on active duty in the National Guard and Reserves called to\n\nactive duty, leaving a surviving spouse, or child or children under\n\nthe age of eighteen (18) years, then, upon satisfactory proof of\n\nsuch facts made to it, the State Board shall order and direct that a\n\nmonthly pension be paid. Such amount shall be determined in\n\naccordance with the provisions of subsection A of Section 49-109 of\n\nthis title. In the event of the death of the surviving spouse, the\n\npension shall cease, and should there then be but one living child\n\nsuch child shall receive an amount equal to one hundred percent\n\n(100%) of the pension, but if there then be more than one living\n\nchild, one hundred percent (100%) of the pension shall be divided\n\nequally between the children until each child reaches the age of\n\neighteen (18) years or until the age of twenty-two (22) years if the\n\nchild is enrolled full-time and regularly attending a public or\n\nprivate school or any institution of higher education. In the event\n\nthe State Board finds that such a child who is not married at the\n\ntime of death of the member or the member’s surviving spouse and who\n\nat the time the child attains or attained the age of eighteen (18)\n\nyears is either physically or mentally disabled, the pension shall\n\ncontinue so long as such disability remains. Upon the death of the\n\nfirefighter and surviving spouse, if any, the physically or mentally\n\ndisabled child shall be entitled to have paid to the child’s trustee\n\nof a trust, whether inter vivos or testamentary, which trust\n\nprovides for the receipt of the pension benefits to be held and\n\nadministered for the sole benefit of the physically or mentally\n\ndisabled child, or if there is no trust, to the child’s legally\n\nappointed guardian, an amount not to exceed one hundred percent\n\n(100%) of the pension. The money paid to the guardian or trustee\n\nshall be used solely for the benefit of the disabled child and it\n\nshall be reported annually to the State Board. The payment provided\n\nshall be calculated after payments have been made to all eligible\n\nchildren as provided in this subsection. If the member does not\n\nleave a beneficiary or disabled child as described in this\n\nsubsection, the accumulated contributions made to the System by the\n\nmember shall be paid to the estate of the member.\n\nB. Whenever any member of the fire department who has not\n\nterminated employment shall lose his or her life for any reason not\n\ndescribed in subsection A of this section, after completing less\n\nthan twenty (20) years of credited service, leaving a surviving\n\nspouse, or child or children under the age of eighteen (18) years,\n\nthen upon satisfactory proof of such facts made to it, the State\n\nBoard shall order and direct that a monthly pension be paid. Such\n\namount shall be fifty percent (50%) of the average monthly salary\n\nwhich was paid to the firefighter during the last sixty (60) months\n\nof the firefighter’s service. In the event of the death of the\n\nsurviving spouse, the pension shall cease, and should there then be\n\nbut one living child such child shall receive an amount equal to one\n\nhundred percent (100%) of the pension, but if there then be more\n\nthan one living child, one hundred percent (100%) of the pension\n\nshall be divided equally between the children until each child\n\nreaches the age of eighteen (18) years or the age of twenty-two (22)\n\nyears if the child is enrolled full-time and regularly attending a\n\npublic or private school or any institution of higher education. In\n\nthe event the State Board finds that such a child who is not married\n\nat the time of death of the member or the member’s surviving spouse\n\nand who at the time the child attains or attained the age of\ns the age of eighteen (18) years or the age of twenty-two (22)\n\nyears if the child is enrolled full-time and regularly attending a\n\npublic or private school or any institution of higher education. In\n\nthe event the State Board finds that such a child who is not married\n\nat the time of death of the member or the member’s surviving spouse\n\nand who at the time the child attains or attained the age of\n\neighteen (18) years is either physically or mentally disabled, the\n\npension shall continue so long as the disability remains. Upon the\n\ndeath of the firefighter and surviving spouse, if any, said\n\nphysically or mentally disabled child shall be entitled to have paid\n\nto the child’s trustee of a trust, whether inter vivos or\n\ntestamentary, which trust provides for the receipt of the pension\n\nbenefits to be held and administered for the sole benefit of said\n\nphysically or mentally disabled child, or if there is no trust, to\n\nthe child’s legally appointed guardian, an amount not to exceed one\n\nhundred percent (100%) of the pension. The money paid to the\n\nguardian or trustee shall be used solely for the benefit of the\n\ndisabled child and it shall be reported annually to the State Board.\n\nThe payment provided shall be calculated after payments have been\n\nmade to all eligible children as provided in this subsection. If\n\nthe member does not leave a beneficiary or disabled child as\n\ndescribed in this subsection, the accumulated contributions made to\n\nthe System by the member shall be paid to the estate of the member.\n\nC. For purposes of this section, a child shall not be\n\nconsidered disabled if the child is able to pursue a remunerative\n\noccupation, with the remuneration being reasonably substantial\n\nrather than merely nominal.","path":["OK Code","Title 11"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os11.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"32481ba062208ce5a708009453e669060c80a6473f887e767c3526e9d61e2c23","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-11-11-49-111","next":"us-ok/okla.-stat.-tit.-11-11-49-113"},"notice":"GroundRules: Original legal text. Not legal advice."}