{"data":{"id":"us-ok/okla.-stat.-tit.-20-20-1102a","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 20, § 20-1102A","heading":"Disability retirement - Amount - Survivor benefits -","body":"Determination of benefits.\n\nA. Any Justice or judge of the Supreme Court, Court of Criminal\n\nAppeals, Court of Appeals, Workers’ Compensation Court or district\n\ncourt who has reached the age of fifty-five (55) years and has\n\nserved as Justice or judge of any of the named courts in the State\n\nof Oklahoma for a period of fifteen (15) continuous years or longer,\n\nnext preceding application for disability retirement, may receive as\n\nretirement disability compensation a maximum monthly benefit in an\n\namount equal to four percent (4%) of the average monthly salary\n\nreceived by the member when the member served as a Justice or judge\n\nbased on the last three (3) years of active service multiplied by\n\nthe total number of years of service on the named courts. But in no\n\nevent may such retirement disability of a Justice or judge who\n\nincurs a disability before July 1, 2004, exceed seventy percent\n\n(70%) or one hundred percent (100%), for a Justice or judge who\n\nincurs a disability after June 30, 2004, of the average monthly\n\nsalary based on the highest three (3) years of active service and\n\nfound applicable to such Justice or judge at the time of retirement,\n\nwhen such Justice or judge is ordered to retire from office with\n\ncompensation by the Court on the Judiciary for the reason of\n\nphysical disability preventing the proper performance of official\n\nduty. The decree of the Court on the Judiciary shall set forth the\n\namount of compensation the Justice or judge so retired shall\n\nreceive, which compensation shall be payable out of the State\n\nJudicial Retirement Fund. The only optional form of benefit payment\n\navailable for disability benefits is Option A, as provided for in\n\nSection 3 of this act. Option A must be elected in accordance with\n\nthe provisions of Section 3 of this act. Benefit payments shall\n\ncease upon the member's recovery from disability prior to the normal\n\nretirement date. Future benefits, if any, shall be paid based upon\n\nlength of service and compensation as of the date of disability. In\n\nthe event that disability ceases and the member returns to\n\nemployment within the System, credited service to the date of\n\ndisability shall be restored, and future benefits shall be\n\ndetermined accordingly.\n\nB. For members of the System who are married on September 1,\n\n2005, and who are still making the additional three percent (3%)\n\nsurviving spouse contributions as of that date, the surviving spouse\n\nbenefit shall be as follows:\n\n1. The surviving spouse of a deceased Justice or judge having\n\nat least eight (8) years of service shall be entitled to receive\n\nsurvivor benefits in the amount herein prescribed, if married to the\n\ndecedent ninety (90) days prior to the termination of the member’s\n\nemployment as a Justice or judge and has been so married to the\n\nmember continuously for a period of at least three (3) years\n\nimmediately preceding his death, provided that the required\n\nadditional contributions are made;\n\n2. Survivor benefits shall be payable in accordance with\n\nSection 1001 et seq. of this title if the surviving spouse has then\n\nattained the age of sixty (60) years or, if then under such age,\n\nimmediately upon his attainment of that age or if the surviving\n\nspouse is disabled or when the deceased member served for a minimum\n\nof ten (10) years and the Workers’ Compensation Court determines\n\nthat the death arose out of and in the course of employment or when\n\nthe deceased member would have met the requirements for retirement,\n\nwhichever occurs first;\n\n3. The amount of the benefits the surviving spouse may receive\n\nshall be as follows:\n\na. fifty percent (50%) of the amount of benefits the\n\ndeceased Justice or judge was receiving immediately\n\nprior to the member’s death, or\n\nb. fifty percent (50%) of the amount the deceased Justice\n\nor judge would have been entitled to receive on the\n\ndate of the member’s death, the annual rate of such\nPage 424\n\n3. The amount of the benefits the surviving spouse may receive\n\nshall be as follows:\n\na. fifty percent (50%) of the amount of benefits the\n\ndeceased Justice or judge was receiving immediately\n\nprior to the member’s death, or\n\nb. fifty percent (50%) of the amount the deceased Justice\n\nor judge would have been entitled to receive on the\n\ndate of the member’s death, the annual rate of such\n\nbenefits to be determined without regard to whether\n\nthe deceased Justice or judge had attained minimum\n\nretirement age at the time of the member’s death, and\n\nc. such additional amounts as the surviving spouse is\n\neligible for in accordance with Section 1103A of this\n\ntitle; or\n\n4. In lieu of the benefits and provisions provided in\n\nparagraphs 1, 2, and 3, of this subsection, the members described in\n\nthis subsection may elect upon retirement an Option A or B as\n\nprovided in Section 3 of this act.\n\nC. Members who are single as of September 1, 2005, and who made\n\nthe additional three percent (3%) spousal contribution at any time\n\nprior to that date, may apply to receive a refund or transfer of\n\nsuch additional contributions and an unreduced retirement benefit.\n\nTo receive this refund, the qualifying member must file an\n\napplication for the refund with the System by December 1, 2005. The\n\napplicable contributions shall be transferred pursuant to this\n\nsubsection and the procedures established by the Board. It is the\n\nintent of the Legislature that the excess contributions which were\n\npaid on a pretax basis and considered as picked up under the\n\nprovisions of Section 414(h)(2) of the Internal Revenue Code of 1986\n\nshall be transferred directly to an account established for the\n\nemployee in the Oklahoma State Employees Deferred Savings Incentive\n\nPlan, created under 401 (a) of the Internal Revenue Code of 1986.\n\nThe excess contributions which were paid on an after-tax basis and\n\nnot considered picked up under the provisions of Section 414(h)(2)\n\nof the Internal Revenue Code of 1986 shall be transferred to the\n\nDeferred Compensation Plan created under 457 of the Internal Revenue\n\nCode of 1986. The provisions for refund or transfer contained in\n\nthis subsection shall not take effect until the Board receives\n\nofficial written notice that this distribution satisfies the tax\n\nqualification requirements for governmental plans applicable to such\n\nrefunds or transfers as specified in the Internal Revenue Code of\n\n1986, as amended from time to time, and as applicable to\n\ngovernmental plans and the relevant regulatory provisions and\n\nguidance related thereto. The application and receipt of a refund\n\nunder this subsection shall operate as an irrevocable waiver of any\n\nsurvivor benefit available under this act. In lieu of receiving a\n\nrefund of contributions the member may elect at retirement to have a\n\nsurvivor option as provided in Section 3 of this act with a reduced\n\nbenefit. The Board of Trustees of the Uniform Retirement System for\n\nJustices and Judges shall promulgate any rules necessary to\n\nimplement the provisions of this subsection.\n\nD. Single members at the time of retirement who never made the\n\nadditional three percent (3%) spousal contribution, as provided in\n\nSection 1103 of this title, shall receive an unreduced retirement\n\nbenefit or may elect at retirement to have a survivor option as\n\nprovided in Section 3 of this act with a reduced benefit. The Board\n\nof Trustees of the Uniform Retirement System for Justices and Judges\n\nshall promulgate any rules necessary to implement the provisions of\n\nthis subsection.\n\nE. Members who are married as of September 1, 2005, but who are\n\nnot paying the additional three percent (3%) surviving spousal\n\ncontribution as a result of waiver and consent of the spouse, shall\n\nbe eligible for a survivor option as provided in Section 3 of this\n\nact.\n\nF. Members who join the system after August 31, 2005, shall be\nrules necessary to implement the provisions of\n\nthis subsection.\n\nE. Members who are married as of September 1, 2005, but who are\n\nnot paying the additional three percent (3%) surviving spousal\n\ncontribution as a result of waiver and consent of the spouse, shall\n\nbe eligible for a survivor option as provided in Section 3 of this\n\nact.\n\nF. Members who join the system after August 31, 2005, shall be\n\neligible for a survivor option as provided in Section 3 of this act.\n\nG. Any Justice, judge or surviving spouse meeting the\n\nrequirements for disability retirement benefits as provided in this\n\nsection may make application to the Court on the Judiciary for a\n\ndetermination of disability retirement benefits. The Justice, judge\n\nor surviving spouse making application shall be required by the\n\nCourt on the Judiciary to be examined by two recognized physicians\n\nselected by the Court to determine the extent of disability of such\n\napplicant. The examining physicians shall furnish the Court a\n\ndetailed written report of the disability of the examined applicant.\n\nThe Court shall then determine whether the applicant, if the member\n\nis a Justice or judge, has a disability preventing the proper\n\nperformance of the member’s official duties. If the applicant is a\n\nsurviving spouse the court shall determine whether such surviving\n\nspouse is disabled. If the Court determines that the applicant is\n\ndisabled, the Court shall order disability retirement benefits as\n\nprovided by this section. The Court shall require all persons\n\nreceiving disability benefits to submit to a physical examination\n\nonce each year for the three (3) years following the start of\n\ndisability benefits. The Court shall select two physicians to\n\nexamine such persons and if they are found no longer disabled by the\n\nexamining physicians the Court shall terminate such disability\n\nbenefits. The Justice, judge or surviving spouse shall then be\n\nentitled to receive such other benefits as they may be entitled to\n\nby law.","path":["OK Code","Title 20"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os20.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"d4cb4ea3927897eb9bc4465cd1161f045bf4503aad5fa43f16b9b18935317822","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-20-20-1102.2","next":"us-ok/okla.-stat.-tit.-20-20-1102b"},"notice":"GroundRules: Original legal text. Not legal advice."}