{"data":{"id":"us-ok/okla.-stat.-tit.-11-11-50-114","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 11, § 11-50-114","heading":"Service pension to members of System - Amount -","body":"Eligibility - Delay of distribution - Death of member - Review of\n\nrequests - Disability benefits in lieu of pensions - Health\n\ninsurance payments.\n\nA. The State Board is hereby authorized to pay out of funds in\n\nthe System a monthly service pension to any member eligible as\n\nhereinafter provided, not exceeding in any event the amount of money\n\nin such funds and not exceeding in any event the accrued retirement\n\nbenefit for such member, except as provided for herein. In order\n\nfor a member to be eligible for such service pension the following\n\nrequirements must be complied with:\n\n1. The member's service with the police department for any\n\nparticipating municipality must have ceased; however, a member may\n\nbe subsequently reemployed in the position of police chief pursuant\n\nto subsection C of Section 50-112 of this title;\n\n2. The member must have reached the member's normal retirement\n\ndate; and\n\n3. The member must have complied with any agreement as to\n\ncontributions by the member and other members to any funds of the\n\nSystem where said agreement has been made as provided by this\n\narticle; provided, that should a retired member receive disability\n\nbenefits as provided in this and other sections of this article, the\n\ntime the retired member is receiving disability benefits shall count\n\nas time on active service if the retired member should be recalled\n\nby the Chief of Police from disability retirement. It shall be\n\nnecessary before such time shall be counted toward retirement that\n\nthe retired member make the same contribution as the member would\n\nhave otherwise made if on active service for the time the retired\n\nmember was disabled.\n\nB. Any member complying with all requirements of this article,\n\nwho reaches normal retirement date, upon application, shall be\n\nretired at the accrued retirement benefit. When a member has served\n\nfor the necessary number of years and is otherwise eligible, as\n\nprovided in this article, if such member is discharged without cause\n\nby the participating municipality, the member shall be eligible for\n\na pension.\n\nC. Effective July 1, 1989, in no event shall commencement of\n\ndistribution of the accrued retirement benefit of a member be\n\ndelayed beyond April 1 of the calendar year following the later of:\n\n1. The calendar year in which the member reaches seventy and\n\none-half (70 1/2) years of age for a member who attains age seventy\n\nand one-half (70 1/2) before January 1, 2020, or effective for\n\ndistributions required to be made after December 31, 2019, but\n\nbefore January 1, 2023, the calendar year in which the member\n\nreaches seventy-two (72) years of age for an individual who attains\n\nage seventy and one-half (70 1/2) after December 31, 2019, or\n\neffective for distributions required to be made after December 31,\n\n2022, the calendar year in which the member reaches seventy-three\nve for\n\ndistributions required to be made after December 31, 2019, but\n\nbefore January 1, 2023, the calendar year in which the member\n\nreaches seventy-two (72) years of age for an individual who attains\n\nage seventy and one-half (70 1/2) after December 31, 2019, or\n\neffective for distributions required to be made after December 31,\n\n2022, the calendar year in which the member reaches seventy-three\n\n(73) years of age for an individual who attains age seventy-two (72)\n\nafter December 31, 2022, or \"the applicable age\" as defined in\n\nSection 401(a)(9)(C)(v) of the Internal Revenue Code of 1986, as\n\namended, if later; or\n\n2. The actual retirement date of the member.\n\nFor distributions made for calendar years beginning on or after\n\nJanuary 1, 2001, through December 31, 2004, the System shall apply\n\nthe minimum distribution requirements and incidental benefit\n\nrequirements of Section 401(a)(9) of the Internal Revenue Code of\n\n1986, as amended, in accordance with the regulations under Section\n\n401(a)(9) of the Internal Revenue Code of 1986, as amended, which\n\nwere proposed on January 17, 2001, notwithstanding any provision of\n\nthe System to the contrary. For distributions made for calendar\n\nyears beginning on or after January 1, 2005, the System shall apply\n\nthe minimum distribution incidental benefit requirements, incidental\n\nbenefit requirements, and minimum distribution requirements of\n\nSection 401(a)(9) of the Internal Revenue Code of 1986, as amended,\n\nin accordance with the final regulations under Section 401(a)(9) of\n\nthe Internal Revenue Code of 1986, as amended, including Treasury\n\nRegulations Sections 1.401(a)(9)-1 through 1.401(a)(9)-9; provided,\n\nhowever, that for distributions required to be made after December\n\n31, 2019, for individuals who attain seventy and one-half (70 1/2)\n\nyears of age after December 31, 2019, but before January 1, 2023,\n\nsuch distributions shall take into account that age 70 1/2 was\n\nstricken and age 72 was inserted in Section 401(a)(9)(B)(iv)(I),\n\nSection 401(a)(9)(C)(i)(I) and Section 401(a)(9)(C)(ii)(I) of the\n\nInternal Revenue Code of 1986, as amended, and, provided further,\n\nthat for individuals who attain seventy-two (72) years of age after\n\nDecember 31, 2022, such distributions shall take into account that\n\n\"age 72\" was stricken and \"the applicable age\", as defined in\n\nSection 401(a)(9)(C)(v) of the Internal Revenue Code of 1986, as\n\namended, was inserted in Section 401(a)(9)(B)(iv)(I) of the Internal\n\nRevenue Code of 1986, as amended (applicable to calendar year 2023),\n\nSection 401(a)(9)(C)(i)(I) and Section 401(a)(9)(C)(ii)(I) of the\n\nInternal Revenue Code of 1986, as amended, and that further revision\n\nof Section 401(a)(9)(B)(iv) of the Internal Revenue Code of 1986, as\n\namended, effective for calendar years after 2023 with respect to\n\ncertain distributions shall be taken into account in all cases\n\nnotwithstanding any provision of the System to the contrary.\n\nEffective January 1, 2009, with respect to the Oklahoma Police\n\nDeferred Option Plan, to the extent applicable, no minimum\n\ndistribution is required for 2009 in accordance with Section\n\n401(a)(9)(H) of the Internal Revenue Code of 1986, as amended.\n\nEffective September 8, 2009, notwithstanding anything to the\n\ncontrary of the System, the System, which is a governmental plan\n\n(within the meaning of Section 414(d) of the Internal Revenue Code\n\nof 1986, as amended) is treated as having complied with Section\n\n401(a)(9) of the Internal Revenue Code of 1986, as amended, for all\n\nyears to which Section 401(a)(9) of the Internal Revenue Code of\n\n1986, as amended, applies to the System if the System complies with\n\na reasonable and good-faith interpretation of Section 401(a)(9) of\n\nthe Internal Revenue Code of 1986, as amended.\n\nD. In the event of the death of any member who has been awarded\n\na retirement benefit or is eligible therefor as provided in this\ns amended, for all\n\nyears to which Section 401(a)(9) of the Internal Revenue Code of\n\n1986, as amended, applies to the System if the System complies with\n\na reasonable and good-faith interpretation of Section 401(a)(9) of\n\nthe Internal Revenue Code of 1986, as amended.\n\nD. In the event of the death of any member who has been awarded\n\na retirement benefit or is eligible therefor as provided in this\n\nsection, such member's beneficiaries shall be paid such retirement\n\nbenefit. The remaining portion of the member's retirement benefit\n\nshall be distributed to the beneficiaries at least as rapidly as\n\nunder the method of distribution to the member. Effective March 1,\n\n1997, if a member to whom a retirement benefit has been awarded or\n\nwho is eligible therefor dies prior to the date as of which the\n\ntotal amount of retirement benefit paid equals the total amount of\n\nthe employee contributions paid by or on behalf of the member and\n\nthe member does not have a surviving beneficiary under paragraph 13\n\nof Section 50-101 of this title, the total benefits paid as of the\n\ndate of the member's death shall be subtracted from the accumulated\n\nemployee contribution amount and the balance, if greater than zero\n\n(0), shall be paid to the member's estate.\n\nE. The State Board may review and affirm a member's request for\n\nretirement benefits prior to the member's normal retirement date\n\nprovided that no retirement benefits are paid prior to the normal\n\nretirement date.\n\nF. A member retired under the provisions of this article may\n\napply to the State Board to have the member's retirement benefits\n\nset aside and may make application for disability benefits. Upon\n\napproval of the disability benefits, the member would become subject\n\nto all provisions of this article pertaining to disability\n\nretirement.\n\nG. 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, which shall include\n\na successor in interest for whom an affidavit is provided to the\n\nSystem in accordance with Section 393 of Title 58 of the Oklahoma\n\nStatutes, or if there is no surviving beneficiary under paragraph 13\n\nof Section 50-101 of this title, to the member's estate or, if\n\nproperly designated by the member, a trust. Upon the death of a\n\nbeneficiary, the benefit payment for the month in which the\n\nbeneficiary died, if not previously paid, shall be made to the\n\nbeneficiary's estate or, if properly designated by the beneficiary,\n\nto a trust. Such benefit payment shall be made in an amount equal\n\nto a full monthly benefit payment regardless of the day of the month\n\nin which the retired member or beneficiary died.\n\nH. If the requirements of Section 50-114.4 of this title are\n\nsatisfied, a member who, by reason of attainment of normal\n\nretirement date or age, is separated from service as a public safety\n\nofficer with the member's participating municipality, may elect to\n\nhave payment made directly to the provider for qualified health\n\ninsurance premiums by deduction from his or her monthly pension\n\npayment, after December 31, 2006, in accordance with Section 402(l)\n\nof the Internal Revenue Code of 1986, as amended. For distributions\n\nmade after December 29, 2022, the election provided for under\n\nSection 402(l) of the Internal Revenue Code of 1986, as amended, may\n\nbe made whether payment of the premiums is made directly to the\n\nprovider of the accident or health plan or qualified long-term care\n\ninsurance contract by deduction from a distribution from the System\n\nor is made to the member.","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":"477a43b97120fb8170b99a4f0c34a1b0c7394091b49f39b4d6ad147597acb596","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-11-11-50-113","next":"us-ok/okla.-stat.-tit.-11-11-50-114.1"},"notice":"GroundRules: Original legal text. Not legal advice."}