{"data":{"id":"us-ok/okla.-stat.-tit.-11-11-49-113","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 11, § 11-49-113","heading":"Death of firefighter for any cause - Payment of","body":"benefits to beneficiaries.\n\nA. 1. In the event of the death of a firefighter who at the\n\ntime of the firefighter's death was drawing a pension, other than a\n\ndisability pension, or who at the time of the firefighter's death\n\n(whether death occurred while on duty, but not in or in consequence\n\nof the performance of duty, or while on vacation or off duty) was\n\neligible, upon written request, to retire and draw a pension, other\n\nthan a disability pension, the beneficiary of such person shall be\n\npaid an amount not to exceed one hundred percent (100%) of said\n\npension.\n\n2. In the event of the death of a firefighter who at the time\n\nof the firefighter's death was drawing, or eligible to draw, a\n\ndisability pension for a physical or mental disability that occurred\n\nwhile in, or in consequence of, the performance of the firefighter's\n\nduty, and which prevented the effective performance of the\n\nfirefighter's duties, and which caused the State Board to retire the\n\nfirefighter from active service, the beneficiary of such person\n\nshall be paid an amount not to exceed one hundred percent (100%) of\n\nthe pension paid in accordance with subsection A of Section 49-109\n\nof this title.\n\n3. In the event of the death of a firefighter who at the time\n\nof the firefighter's death was drawing, or eligible to draw, a\n\ndisability pension for a physical or mental disability from causes\n\nnot arising in the line of duty and which prevented the effective\n\nperformance of the firefighter's duties, the beneficiary of such\n\nperson shall be paid an amount not to exceed one hundred percent\n\n(100%) of the pension paid in accordance with subsection C of\n\nSection 49-109 of this title.\n\n4. If a firefighter, who does not have a surviving beneficiary,\n\nand to whom a retirement or disability benefit has been awarded, or\n\nwho is eligible therefore, dies or, if later, the last surviving\n\nbeneficiary dies, prior to receiving payments equal to or greater\n\nthan the total contributions made by the employee, as defined in the\n\nnext sentence, then a payment shall be made to the member's estate\n\nor, if applicable, the last surviving beneficiary's estate equal to\n\nthe total contributions made by the employee minus the payments made\n\nincluding payments made, or to be made, from the Deferred Option\n\nPlan but excluding the death benefit pursuant to Section 49-113.2 of\n\nthis title. The total contributions made by the employee for\n\npurposes of the prior sentence shall mean the sum of:\n\na. the member's accumulated contributions,\n\nb. payments made to repurchase credited service pursuant\n\nto Section 49-117.1 of this title,\n\nc. payments made to transfer credited service from\n\nanother retirement system pursuant to subsection A of\n\nSection 49-117.2 or Section 49-117.3 of this title,\n\nand\n\nd. payments made to purchase prior military service\n\ncredit pursuant to subsection E of Section 49-138 of\n\nthis title.\n\nTotal contributions, as used in this paragraph, shall exclude\n\ninterest earned or paid with respect to any contribution or payment\n\ndescribed in subparagraphs a through d of this paragraph.\n\n5. Any person eligible to receive a payment pursuant to this\n\nsection may make an election to waive all or a portion of monthly\n\npayments.\n\nB. 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\nsame shall receive an amount equal to one hundred percent (100%) of\n\nsaid pension, but if there then be more than one living child, one\n\nhundred percent (100%) of said pension shall be divided equally\n\nbetween the children until each child reaches the age of eighteen\nnts.\n\nB. 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\nsame shall receive an amount equal to one hundred percent (100%) of\n\nsaid pension, but if there then be more than one living child, one\n\nhundred percent (100%) of said pension shall be divided equally\n\nbetween the children until each child reaches the age of eighteen\n\n(18) years or until the age of twenty-two (22) years if the child is\n\nenrolled full time and regularly attending a public or private\n\nschool or any institution of higher education. Provided, that 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 thereof shall continue so long as such disability remains;\n\nprovided, that upon the death of the firefighter and surviving\n\nspouse, if any, said physically or mentally disabled child shall be\n\nentitled to have paid to the child's trustee of a trust, whether\n\ninter vivos or testamentary, which trust provides for the receipt of\n\nthe pension benefits to be held and administered for the sole\n\nbenefit of said physically or mentally disabled child, or if there\n\nis no trust, to the child's legally appointed guardian, an amount\n\nnot to exceed one hundred percent (100%) of said pension. The money\n\nso paid to the guardian or trustee shall be used solely for the\n\nbenefit of the disabled child and it shall be reported annually to\n\nthe State Board. A child shall not be considered disabled if the\n\nchild is able to pursue a remunerative occupation, with the\n\nremuneration being reasonably substantial rather than merely\n\nnominal. The payment so provided shall be calculated after payments\n\nhave been made to all eligible children as provided in this section;\n\nprovided further, that beneficiaries now receiving pensions under\n\nthe provisions of Sections 49-112 or 49-113 of this title shall,\n\nupon application to the State Board, thereafter be entitled to a\n\npension equal to the amount which they would have received if this\n\nact were in effect at the time the right to said pension accrued.\n\nC. In the event a surviving spouse of a member remarried prior\n\nto June 7, 1993, the surviving spouse shall be eligible to receive\n\nthe pension benefits provided for in this section. To receive the\n\npension benefits provided for in this section the surviving spouse\n\nfalling within this section shall submit a written request for such\n\nbenefits to the Oklahoma Firefighters Pension and Retirement System.\n\nThe Oklahoma Firefighters Pension and Retirement System shall\n\napprove requests by surviving spouses meeting the requirements of\n\nthis section. Upon approval by the Oklahoma Firefighters Pension\n\nand Retirement System, the surviving spouse shall be entitled to the\n\npension benefits provided for in this section beginning from the\n\ndate of approval forward. Pension benefits provided to surviving\n\nspouses falling within this section shall not apply to alter any\n\namount of pension benefits paid or due prior to the Oklahoma\n\nFirefighters Pension and Retirement System's approval of the\n\nremarried surviving spouse's written request for benefits.\n\nD. No surviving spouse shall receive benefits from this\n\nsection, Section 50-117 of this title, or Section 2-306 of Title 47\n\nof the Oklahoma Statutes as the surviving spouse of more than one\n\nmember of the Oklahoma Firefighters Pension and Retirement System,\n\nthe Oklahoma Police Pension and Retirement System, or the Oklahoma\n\nLaw Enforcement Retirement System. The surviving spouse of more\n\nthan one member shall elect which member's benefits he or she will\n\nreceive.\n\nE. Upon the death of a retired member, the benefit payment for\n\nthe month in which the retired member died, if not previously paid,\nthe Oklahoma Firefighters Pension and Retirement System,\n\nthe Oklahoma Police Pension and Retirement System, or the Oklahoma\n\nLaw Enforcement Retirement System. The surviving spouse of more\n\nthan one member shall elect which member's benefits he or she will\n\nreceive.\n\nE. Upon the death of a retired member, the benefit payment for\n\nthe month in which the retired member died, if not previously paid,\n\nshall be made to the beneficiary of the member or to the member's\n\nestate if there is no beneficiary. Such benefit payment shall be\n\nmade in an amount equal to a full monthly benefit payment regardless\n\nof the day of the month in which the retired member died.\n\nF. Upon the death of an unmarried firefighter, or a firefighter\n\nwhose spouse does not meet the qualifications of beneficiary who has\n\none or more children, said child or children shall receive pension\n\nbenefits as provided in subsection B of this section as if the\n\nsurviving spouse had died; provided, that upon the death of the\n\nfirefighter, said child or children shall be entitled to have the\n\nSystem pay to the child's or children's trustee of a trust, whether\n\ninter vivos or testamentary, which trust provides for the receipt of\n\nthe pension benefits to be held and administered for the sole\n\nbenefit of said child, or if there is no trust, to the child's or\n\nchildren's legally appointed guardian, the pension benefits as\n\nprovided in subsection B of this section in an amount not to exceed\n\none hundred percent (100%) of said pension. The money so paid to\n\nthe guardian or trustee shall be used solely for the benefit of the\n\nchild and it shall be reported annually to the State Board.","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":"94b7c62f57df25b9abfadd68775f0d9ca3d859319a11e5b1337262ce82c9a911","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-11-11-49-112","next":"us-ok/okla.-stat.-tit.-11-11-49-113.2"},"notice":"GroundRules: Original legal text. Not legal advice."}