{"data":{"id":"us-ok/okla.-stat.-tit.-11-11-50-115","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 11, § 11-50-115","heading":"Disability benefit - Eligibility - Award - Evidence of","body":"disability - Continuance of salary - Exposure to hazardous\n\nsubstances - Health insurance payments.\n\nA. The State Board is authorized to pay a disability benefit to\n\na member of the System or a pension to the beneficiaries of such\n\nmember eligible as hereinafter provided, not exceeding the accrued\n\nretirement benefit of the member, except as otherwise provided in\n\nthis article. Such disability benefit shall be payable immediately\n\nupon determination of eligibility. Any preexisting condition\n\nidentified at the time of any initial or subsequent membership shall\n\nbe used to offset the percentage of impairment to the whole person\n\nin determining any disability benefit. Once the initial disability\n\nbenefit has been awarded by the Board on the basis of the percentage\n\nof impairment to the whole person, the member shall have no further\n\nrecourse to increase the awarded percentage of impairment.\n\nB. In order for any member to be eligible for any disability\n\nbenefit, or the member’s beneficiaries to be eligible for a pension,\n\nthe member must have complied with any agreement as to contributions\n\nby the member and other members to any funds of the System where the\n\nagreement has been made as provided by this article; and the State\n\nBoard must find:\n\n1. That the member incurred a permanent total disability or a\n\npermanent partial disability or died while in, and in consequence\n\nof, the performance of duty as an officer; or\n\n2. That such member has served ten (10) years and incurred a\n\npermanent total disability or a permanent partial disability or has\n\ndied from any cause.\n\nC. In the event of the death of any member who has been awarded\n\na disability benefit or is eligible therefor as provided in this\n\narticle, the member’s beneficiary shall be paid the benefit.\n\nD. 1. As of the date of determination by the State Board that\n\na member has a permanent in-line disability, the member shall be\n\nawarded a normal disability benefit, as defined in Section 50-101 of\n\nthis title.\n\n2. If an injury to a member results from a violent act as\n\ndefined by this paragraph while in the performance of his or her\n\nduties as a police officer, the State Board shall make a\n\ndetermination that the member has sustained a one-hundred-percent\n\ndisability and shall make the benefit award in accordance with that\n\nstandard. As used in this paragraph, “violent act” means a violent\n\nattack upon the member by means of a dangerous weapon including, but\n\nnot limited to, a firearm, knife, automobile, explosive device or\n\nother dangerous weapon.\n\nE. If the participating municipality denies a disabled member\n\nthe option of continuing employment instead of retiring on a\n\ndisability pension, then the burden of proof rests with the\n\nparticipating municipality to show cause to the State Board that\n\nthere is no position as a sworn officer within the police department\n\nof that municipality which the member can fill.\n\nF. Upon determination by the State Board that a member is\n\nphysically or mentally disabled and that the disability is permanent\n\nand total and that the member has completed ten (10) years of\n\ncredited service and is disabled by any cause, the member shall\n\nreceive a disability benefit on the basis of the member’s accrued\n\nretirement benefit. A permanent and total impairment equates to one\n\nhundred percent (100%) of accrued retirement benefit.\n\nG. Upon determination by the State Board that a member is\n\nphysically or mentally disabled and that the disability is permanent\n\nand partial and that the member has completed ten (10) years of\n\ncredited service as a member and is disabled from any cause, the\n\nmember shall be awarded a disability benefit on the basis of the\n\nmember’s years of credited service as a member and the percentage of\n\nimpairment to the whole person, as defined by the standards of the\n\nimpairment as outlined in the “American Medical Association’s Guides\npartial and that the member has completed ten (10) years of\n\ncredited service as a member and is disabled from any cause, the\n\nmember shall be awarded a disability benefit on the basis of the\n\nmember’s years of credited service as a member and the percentage of\n\nimpairment to the whole person, as defined by the standards of the\n\nimpairment as outlined in the “American Medical Association’s Guides\n\nto the Evaluation of Permanent Impairment”, on the basis of the\n\nfollowing table:\n\n1% to 49% impaired = 50% of accrued retirement benefit\n\n50% to 74% impaired = 75% of accrued retirement benefit\n\n75% to 99% impaired = 100% of accrued retirement benefit.\n\nH. Before making a finding as to the disability of a member,\n\nthe State Board shall require that, if the member is able, the\n\nmember shall make a certificate as to the disability which shall be\n\nsubscribed and sworn to by the member. It shall also require a\n\ncertificate as to such disability to be made by some physician\n\nlicensed to practice in this state as selected by the State Board.\n\nThe State Board may require other evidence of disability before\n\nmaking the disability benefit. The salary of any such member shall\n\ncontinue while the member is so necessarily confined to such\n\nhospital bed or home and necessarily requires medical care or\n\nprofessional nursing on account of such sickness or disability for a\n\nperiod of not more than six (6) months, after which the period the\n\nother provisions of this article may apply. The State Board, in\n\nmaking disability benefits, shall act upon the written request of\n\nthe member or without such request, if it deem it for the good of\n\nthe police department. Any disability benefits shall cease when the\n\nmember receiving same shall be restored to active service at a\n\nsalary not less than three-fourths (3/4) of the member’s average\n\nmonthly salary.\n\nI. Any member of a police department of any municipality who,\n\nin the line of duty, has been exposed to hazardous substances\n\nincluding but not limited to chemicals used in the manufacture of a\n\ncontrolled dangerous substance or chemicals resulting from the\n\nmanufacture of a controlled dangerous substance, or to blood-borne\n\npathogens and who is later disabled from a condition that was the\n\nresult of such exposure and that was not revealed by the physical\n\nexamination passed by the member upon entry into the System shall be\n\npresumed to have incurred such disability while performing the\n\nofficer’s duties unless the contrary is shown by competent evidence.\n\nThe presumption created by this subsection shall have no application\n\nwhatever to any workers’ compensation claim or claims, and it shall\n\nnot be applied or be relied upon in any way in workers’ compensation\n\nproceedings. All compensation or benefits due to any member\n\npursuant to the presumption created by this subsection shall be paid\n\nsolely by the system.\n\nJ. If the requirements of Section 50-114.4 of this title are\n\nsatisfied, a member who, by reason of disability, is separated from\n\nservice as a public safety officer with the member’s participating\n\nmunicipality, may elect to have payment made directly to the\n\nprovider for qualified health insurance premiums by deduction from\n\nhis or her monthly disability benefit, after December 31, 2006, in\n\naccordance with Section 402(l) of the Internal Revenue Code of 1986,\n\nas amended. For distributions made after December 29, 2022, the\n\nelection provided for under Section 402(l) of the Internal Revenue\n\nCode of 1986, as amended, may be made whether payment of the\n\npremiums is made directly to the provider of the accident or health\n\nplan or qualified long-term care insurance contract by deduction\n\nfrom a distribution from the System or 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":"f9345bc0be029e25e14a921d155a9cfc432a7633cfa3ddb7250d7f8cbaa8c028","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-11-11-50-114.4","next":"us-ok/okla.-stat.-tit.-11-11-50-115.2"},"notice":"GroundRules: Original legal text. Not legal advice."}