{"data":{"id":"us-ok/okla.-stat.-tit.-11-11-50-128","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 11, § 11-50-128","heading":"Credit for military service","body":"\n\nA. Any member who has heretofore left the Police Department\n\nqualifying under this article to enter the military service of the\n\nUnited States during World War II and who returned to said\n\ndepartment on or before July 1, 1947, or the Korean conflict and who\n\nreturned to said department on or before January 1, 1956, shall\n\nreceive credit for such time in military service without having made\n\ncontribution to the System; and any member who has heretofore left,\n\nor hereafter may leave said department because of involuntary\n\nconscription into the military services of the United States at any\n\ntime and who returns to said department within ninety (90) days\n\nafter the member's release from such involuntary service shall\n\nreceive credit for such time in said military service on the Police\n\nDepartment without having made contribution to the System only for\n\nthat period that is involuntary; voluntary enlistments and voluntary\n\nextensions of military service being herewith specifically excluded\n\nfor retirement credit.\n\nB. A member who began participation in the System prior to July\n\n1, 2003, and who retires on or after July 1, 1998, shall be entitled\n\nto prior service credit, not to exceed five (5) years, for those\n\nperiods of military service on active duty prior to membership in\n\nthe Oklahoma Police Pension and Retirement System. All members who\n\ninitially begin participation with the System after June 30, 2003,\n\nmay acquire prior military service credit for a maximum of five (5)\n\nyears of such service credit upon payment of the actuarial cost of\n\nsuch service in the manner prescribed by and subject to all of the\n\nrequirements of Section 50-111.4 of this title. For members of the\n\nSystem hired or rehired on or after July 1, 2003, if the military\n\nservice credit authorized by this subsection is used to compute the\n\nretirement benefit of the member and the member retires from the\n\nSystem, such military service credit shall not be used to compute\n\nthe retirement benefit in any other retirement system created\n\npursuant to the Oklahoma Statutes and the member may receive credit\n\nfor such service only in the retirement system from which the member\n\nfirst retires.\n\nFor purposes of this subsection, \"military service\" means\n\nservice in the Armed Forces of the United States by honorably\n\ndischarged persons during the following time periods, as reflected\n\non such person's Defense Department Form 214, as follows:\n\n1. During the following periods, including the beginning and\n\nending dates, and only for the periods served, from:\n\na. April 6, 1917, to November 11, 1918, commonly referred\n\nto as World War I,\n\nb. September 16, 1940, to December 7, 1941, as a member\n\nof the 45th Division,\n\nc. December 7, 1941, to December 31, 1946, commonly\n\nreferred to as World War II,\n\nd. June 27, 1950, to January 31, 1955, commonly referred\n\nto as the Korean Conflict or the Korean War,\n\ne. February 28, 1961, to May 7, 1975, commonly referred\n\nto as the Vietnam era, except that:\n\n(1) for the period from February 28, 1961, to August\n\n4, 1964, military service shall only include\n\nservice in the Republic of Vietnam during that\n\nperiod, and\ntes - Title 11. Cities and Towns Page 678\n\nd. June 27, 1950, to January 31, 1955, commonly referred\n\nto as the Korean Conflict or the Korean War,\n\ne. February 28, 1961, to May 7, 1975, commonly referred\n\nto as the Vietnam era, except that:\n\n(1) for the period from February 28, 1961, to August\n\n4, 1964, military service shall only include\n\nservice in the Republic of Vietnam during that\n\nperiod, and\n\n(2) for purposes of determining eligibility for\n\neducation and training benefits, such period\n\nshall end on December 31, 1976, or\n\nf. August 1, 1990, to December 31, 1991, commonly\n\nreferred to as the Gulf War, the Persian Gulf War, or\n\nOperation Desert Storm, but excluding any person who\n\nserved on active duty for training only, unless\n\ndischarged from such active duty for a service-\n\nconnected disability;\n\n2. During a period of war or combat military operation other\n\nthan a conflict, war or era listed in paragraph 1 of this\n\nsubsection, beginning on the date of Congressional authorization,\n\nCongressional resolution, or Executive Order of the President of the\n\nUnited States, for the use of the Armed Forces of the United States\n\nin a war or combat military operation, if such war or combat\n\nmilitary operation lasted for a period of ninety (90) days or more,\n\nfor a person who served, and only for the period served, in the area\n\nof responsibility of the war or combat military operation, but\n\nexcluding a person who served on active duty for training only,\n\nunless discharged from such active duty for a service-connected\n\ndisability, and provided that the burden of proof of military\n\nservice during this period shall be with the member, who must\n\npresent appropriate documentation establishing such service.\n\nC. An eligible member pursuant to subsection B of this section\n\nshall include only those persons who shall have served during the\n\ntimes or in the areas prescribed thereunder and only if such person\n\nprovides appropriate documentation in such time and manner as\n\nrequired by the System to establish such military service prescribed\n\nin this section, or for service pursuant to division (1) of\n\nsubparagraph e of paragraph 1 of subsection B of this section, those\n\npersons who were awarded service medals, as authorized by the United\n\nStates Department of Defense as reflected in the veteran's Defense\n\nDepartment Form 214, related to the Vietnam Conflict for service\n\nprior to August 5, 1964. The provisions of subsection B of this\n\nsection shall include military retirees, whose retirement was based\n\nonly on active service, that have been rated as having twenty\n\npercent (20%) or greater service-connected disability by the\n\nVeterans Administration or the Armed Forces of the United States.\n\nD. Effective December 12, 1994, a leave of absence on account\n\nof a period of \"qualified military service\" in the uniformed\n\nservices of the United States (within the meaning of Section\n\n414(u)(5) of the Internal Revenue Code of 1986), followed by a\n\nreturn to the service of the participating municipality within\n\nninety (90) days after the completion of the period of service,\n\nshall constitute credited service. Notwithstanding any provision\n\nherein to the contrary:\n\n1. Contributions, benefits and service credit with respect to\n\nqualified military service shall be provided in accordance with\n\nSection 414(u) of the Internal Revenue Code of 1986, as amended,\n\nwhich is in accordance with the Uniformed Services Employment and\n\nReemployment Rights Act of 1994, as amended (USERRA). The\n\nmunicipality's contributions to the System for a member covered by\n\nUSERRA are due when such a member makes up his or her contributions\n\nthat were missed due to his or her qualified military service; and\n\n2. Effective January 1, 2007, if any member dies while\n\nperforming qualified military service (as defined in Section 414(u)\n\nof the Internal Revenue Code of 1986, as amended), the survivors of\ne\n\nmunicipality's contributions to the System for a member covered by\n\nUSERRA are due when such a member makes up his or her contributions\n\nthat were missed due to his or her qualified military service; and\n\n2. Effective January 1, 2007, if any member dies while\n\nperforming qualified military service (as defined in Section 414(u)\n\nof the Internal Revenue Code of 1986, as amended), the survivors of\n\nthe member are entitled to any additional benefits other than\n\nbenefit accruals relating to the period of qualified military\n\nservice provided under the System had the member resumed and then\n\nterminated employment on account of death.\n\nE. Any member who served in any branch of the United States\n\nArmed Forces or any component thereof, who was honorably discharged,\n\nand who began participation in the System on or after November 1,\n\n2022, shall be entitled to prior service credit, not to exceed five\n\n(5) years, upon payment of the actuarial cost of such service in the\n\nmanner prescribed by and subject to all of the requirements of\n\nSection 50-111.4 of this title. For purposes of this subsection,\n\n\"military service\" means service in the Armed Forces of the United\n\nStates by honorably discharged persons.","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":"35f8453e1e89c7886dc5c4a9ee667f366b1cf3c99e01746dd7630d42d82c88d8","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-11-11-50-127","next":"us-ok/okla.-stat.-tit.-11-11-50-129"},"notice":"GroundRules: Original legal text. Not legal advice."}