{"data":{"id":"us-ok/okla.-stat.-tit.-11-11-49-135","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 11, § 11-49-135","heading":"Employment of persons over forty-five prohibited -","body":"Exceptions – Reemployment – Volunteer services.\n\nA. No person shall be employed in a fire department who has\n\nreached the age of forty-five (45) years, unless it appears he or\n\nshe shall become eligible for retirement at the age of sixty-five\n\n(65) years or unless he or she be retired from a municipal fire\n\ndepartment in this state. This section shall not apply to\n\nprofessional engineers, or to persons employed as technical\n\nspecialists on a temporary basis. The Oklahoma Firefighters Pension\n\nand Retirement Board shall be authorized to establish the maximum\n\nage, within the limits herein prescribed, over which an applicant\n\nmay not be considered for initial employment, but no person shall be\n\nprohibited from making application for reemployment and having such\n\nreemployment application considered merely because of his or her\n\nage, provided that such person be under the age of forty-five (45)\n\nyears, and provided further, that such reemployment shall be with\n\nthe consent of the fire chief of such municipality.\n\nB. On or after November 1, 2015, a person who performs\n\nvolunteer services as a firefighter, who has attained the age of\n\nforty-five (45) or more years as of the first date such volunteer\n\nservices are performed, for a municipality or a county shall not be\n\neligible to be a member of the Oklahoma Firefighters Pension and\n\nRetirement System for any purpose, shall not be eligible for any\n\nbenefit payable by the System and shall not receive any form of\n\nservice credit from the System resulting from such volunteer\n\nservices. The person responsible for decisions regarding the\n\nperformance of firefighting services having jurisdiction, which in\n\nthe absence of any other requirement to the contrary shall be the\n\nfire chief, shall make the final determination on applicants for\n\npositions that would involve the performance of volunteer\n\nfirefighting services if the applicant is over the age of forty-five\n\n(45) years based on local rules, regulations, ordinances, guidelines\n\nand standard operating procedures.\n\nC. Notwithstanding the requirements of subsections C and H of\n\nSection 49-106.1 of this title to terminate employment with all\n\nparticipating municipalities as a firefighter, a retired, paid\n\nfirefighter receiving an accrued retirement benefit pursuant to\n\nSection 49-106 of this title may perform volunteer firefighting\n\nservices for a volunteer department pursuant to subsection B of this\n\nsection and continue to receive the member’s accrued retirement\n\nbenefit. A member performing services for a volunteer fire\n\ndepartment under this section shall not further accrue any years of\n\ncredited service during such period. Provided, that the pension\n\nshall cease during any period of time the member may thereafter\n\nserve for compensation in any municipal fire department in the\n\nstate; provided further, that no person shall perform any services\n\nas a firefighter if such person is receiving disability benefits\n\npursuant to Section 49-109 of this title.\n\nD. 1. Notwithstanding the requirements of subsections C and H\n\nof Section 49-106.1 of this title, a retired volunteer firefighter\n\nreceiving the maximum allowable accrued retirement benefit pursuant\n\nto Section 49-101 of this title may return to service as a volunteer\n\nfirefighter for a volunteer fire department pursuant to subsection B\n\nof this section and continue to receive the member’s retirement\n\nbenefit. The retired volunteer firefighter shall not further accrue\n\nany years of credited service during such period. Provided, the\n\nbenefit shall cease during any time period the retiree may\n\nthereafter serve for compensation in any municipal fire department\n\nin the state; provided further, no person shall perform any services\n\nas a volunteer firefighter if such person is receiving disability\n\nbenefits pursuant to Section 49-109 of this title.\n\n2. For the purposes of this subsection, “maximum allowable\nh period. Provided, the\n\nbenefit shall cease during any time period the retiree may\n\nthereafter serve for compensation in any municipal fire department\n\nin the state; provided further, no person shall perform any services\n\nas a volunteer firefighter if such person is receiving disability\n\nbenefits pursuant to Section 49-109 of this title.\n\n2. For the purposes of this subsection, “maximum allowable\n\naccrued retirement benefit” means a benefit calculated using thirty\n\n(30) years of credited service pursuant to subsection A of Section\n\n49-101 of this title. Provided, if the member has elected to\n\nparticipate in the Oklahoma Firefighters Deferred Option Plan\n\npursuant to Section 49-106.1 of this title, credited service for\n\nbenefit calculation shall be calculated as of the date that the\n\nmember begins participation in the Plan, or the back drop date if\n\nelected under subsection H of Section 49-106.1 of this title.\n\nE. No person serving as a firefighter pursuant to this section\n\nshall be eligible to serve as the fire chief. Pursuant to Section\n\n49-100.1 of this title, the fire chief shall be an active member of\n\nthe System within a participating municipality of which he or she\n\nserves as fire chief.","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":"15c7a5c4c141609ca3080cc19e2ce575cdccd449a69b232f623b8a6a6a3b0e07","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-11-11-49-134","next":"us-ok/okla.-stat.-tit.-11-11-49-138"},"notice":"GroundRules: Original legal text. Not legal advice."}