{"data":{"id":"us-ok/okla.-stat.-tit.-47-47-2-305","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 47, § 47-2-305","heading":"Retirement and retirement pay - Reemployment -","body":"Disability benefits.\n\nA. Except as otherwise provided in this title, at any time\n\nafter attaining normal retirement date, any member of the Oklahoma\n\nLaw Enforcement Retirement System upon application for unreduced\n\nretirement benefits made and approved, may retire, and, during the\n\nremainder of the member’s lifetime, receive annual retirement pay,\n\npayable in equal monthly payments, equal to two and one-half percent\n\n(2 1/2%) of the final average salary times years of credited\n\nservice. If such retired member is reemployed by a state agency in\n\na position which is not covered by the System, such retired member\n\nshall continue to receive in-service distributions from the System.\n\nPrior to September 19, 2002, if such retired member was reemployed\n\nby a state agency in a position which is covered by the System, such\n\nmember shall continue to receive in-service distributions from the\n\nSystem and shall not accrue any further credited service. If such a\n\nmember is reemployed by a state agency in a position which is\n\ncovered by the System on or after September 19, 2002, such member’s\n\nmonthly retirement payments shall be suspended until such member\n\nretires and is not reemployed by a state agency in a position which\n\nis covered by the System.\n\nB. Beginning July 1, 1994, members who retired or were eligible\n\nto retire prior to July 1, 1980, or their surviving spouses shall\n\nreceive annual retirement pay, payable in equal monthly payments,\n\nequal to the greater of their current retirement pay, or two and\n\none-half percent (2 1/2%) of the actual paid gross salary being\n\ncurrently paid to a highway patrol officer, at the time each such\n\nmonthly retirement payment is made, multiplied by the retired\n\nmember’s years of credited service.\n\nC. Except as otherwise provided by this subsection, members of\n\nthe System whose salary is set by statute who have retired after\n\ncompletion of the mandatory twenty (20) years of service, and those\n\nmembers with statutory salaries who retire after reaching the\n\nmandatory twenty-year retirement shall receive an annual retirement\n\npay, payable in equal monthly installments, based upon the greater\n\nof either:\n\n1. The top base salary currently paid to the highest\n\nnonsupervisory position in the participating agency at the time each\n\nsuch monthly retirement payment is made, limited to the annual\n\nsalary limit of the Economic Growth and Tax Relief Reconciliation\n\nAct of 2001, as described in paragraph 9 of Section 2-300 of this\n\ntitle, multiplied by two and one-half percent (2 1/2%), multiplied\n\nby the number of years of credited service and fraction thereof for\n\nthe following positions:\n\na. Oklahoma Highway Patrolman,\n\nb. Communications Dispatcher,\n\nc. Capitol Patrolman,\n\nd. Lake Patrolman, and\n\ne. Oklahoma State Bureau of Investigation - Special Agent\n\nor Criminalist; or\n\n2. The member’s final average salary as set forth in paragraph\n\n9 of Section 2-300 of this title, multiplied by two and one-half\n\npercent (2 1/2%), and multiplied by the number of years of credited\n\nservice and fraction thereof.\n\nNo member of the System retired prior to July 1, 2002, shall\n\nreceive a benefit less than the amount the member is receiving as of\n\nJune 30, 2002.\n\nThe provisions of paragraph 1 of this subsection shall not be\n\napplicable to any member whose first participating service with the\n\nSystem occurs on or after November 1, 2012, except for those members\n\nwho died in the performance of their duties pursuant to Section 2-\n\n306 of this title.\n\nD. Other members of the System whose retirement benefit is not\n\notherwise prescribed by this section who have retired after\n\ncompletion of the mandatory twenty (20) years of service, and those\n\nmembers who retire after reaching the mandatory twenty-year\n\nretirement shall receive an annual retirement pay, payable in equal\n\nmonthly payments, based upon the greater of either:\n\n1. The actual average salary currently paid to the highest\ne retirement benefit is not\n\notherwise prescribed by this section who have retired after\n\ncompletion of the mandatory twenty (20) years of service, and those\n\nmembers who retire after reaching the mandatory twenty-year\n\nretirement shall receive an annual retirement pay, payable in equal\n\nmonthly payments, based upon the greater of either:\n\n1. The actual average salary currently paid to the highest\n\nnonsupervisory position in the participating agency at the time each\n\nsuch monthly payment is made, limited to the annual salary limit of\n\nthe Economic Growth and Tax Relief Reconciliation Act of 2001, as\n\ndescribed in paragraph 9 of Section 2-300 of this title, multiplied\n\nby two and one-half percent (2 1/2%), multiplied by the number of\n\nyears of credited service and fraction thereof for the following\n\npositions:\n\na. Alcoholic Beverage Laws Enforcement Commission - ABLE\n\nCommission Agent III,\n\nb. Oklahoma State Bureau of Narcotics and Dangerous Drugs\n\nControl - Narcotics Agent III,\n\nc. Oklahoma Tourism and Recreation Department - Park\n\nRanger II,\n\nd. State Board of Pharmacy - Pharmacy Inspector,\n\ne. University of Oklahoma - Police Officer, and\n\nf. Oklahoma State University - Police Officer; or\n\n2. The other member’s final average salary as set forth in\n\nparagraph 9 of Section 2-300 of this title, multiplied by two and\n\none-half percent (2 1/2%), multiplied by the number of years of\n\ncredited service and fraction thereof.\n\nNo member of the System retired prior to July 1, 2002, shall\n\nreceive a benefit less than the amount the member is receiving as of\n\nJune 30, 2002. The participating employer must certify to the\n\nSystem in writing the actual average gross salary currently paid to\n\nthe highest nonsupervisory position. The Board of Trustees shall\n\npromulgate such rules as are necessary to implement the provisions\n\nof this section.\n\nThe provisions of paragraph 1 of this subsection shall not be\n\napplicable to any member whose first participating service with the\n\nSystem occurs on or after May 24, 2013, except for those members who\n\ndied in the performance of their duties pursuant to Section 2-306 of\n\nthis title.\n\nE. A member who meets the definition of disability as defined\n\nin paragraph 11 of Section 2-300 of this title by direct reason of\n\nthe performance of the member’s duties as an officer shall receive a\n\nmonthly benefit equal to:\n\n1. Two and one-half percent (2 1/2%);\n\n2. Multiplied by:\n\na. twenty (20) years of credited service, if the member\n\nhad performed less than twenty (20) years of credited\n\nservice, notwithstanding the actual number of years of\n\ncredited service performed by the member prior to the\n\ndate of disability, or\n\nb. the actual number of years of credited service and\n\nfraction thereof performed by the member prior to the\n\ndate of disability, if the member had performed twenty\n\n(20) or more years of credited service;\n\n3. Multiplied by the greater of subparagraph a of this\n\nparagraph and division 1 of subparagraph b of this paragraph or\n\ndivision 2 of subparagraph b of this paragraph, as applicable:\n\na. the final average salary of the member, as set forth\n\nin paragraph 9 of Section 2-300 of this title, and\n\nb. (1) the top base salary currently paid to the highest\n\nnonsupervisory position in the participating\n\nagency of the member at the time each monthly\n\npayment is made, limited to the annual salary\n\nlimit of the Economic Growth and Tax Relief\n\nReconciliation Act of 2001 described in paragraph\n\n9 of Section 2-300 of this title, for the\n\nfollowing positions:\n\n(a) Oklahoma Highway Patrolman,\n\n(b) Communications Dispatcher,\n\n(c) Capitol Patrolman,\n\n(d) Lake Patrolman, and\ny position in the participating\n\nagency of the member at the time each monthly\n\npayment is made, limited to the annual salary\n\nlimit of the Economic Growth and Tax Relief\n\nReconciliation Act of 2001 described in paragraph\n\n9 of Section 2-300 of this title, for the\n\nfollowing positions:\n\n(a) Oklahoma Highway Patrolman,\n\n(b) Communications Dispatcher,\n\n(c) Capitol Patrolman,\n\n(d) Lake Patrolman, and\n\n(e) Oklahoma State Bureau of Investigation -\n\nSpecial Agent or Criminalist,\n\nProvided, the participating employer must certify to the System\n\nin writing the top base salary currently paid to the highest\n\nnonsupervisory position for division (1) of subparagraph b of this\n\nparagraph, or\n\n(2) the actual average salary currently paid to the\n\nhighest nonsupervisory position in the\n\nparticipating agency of the member at the time\n\neach monthly payment is made, limited to the\n\nannual salary limit of the Economic Growth and\n\nTax Relief Reconciliation Act of 2001, described\n\nin paragraph 9 of Section 2-300 of this title,\n\nfor the following positions:\n\n(a) Alcoholic Beverage Laws Enforcement (ABLE)\n\nCommission - ABLE Commission Agent III,\n\n(b) Oklahoma State Bureau of Narcotics and\n\nDangerous Drugs Control - Narcotics Agent\n\nIII,\n\n(c) Oklahoma Tourism and Recreation Department -\n\nPark Ranger II,\n\n(d) State Board of Pharmacy - Pharmacy\n\nInspector,\n\n(e) University of Oklahoma - Police Officer, and\n\n(f) Oklahoma State University - Police Officer,\n\nProvided, the participating employer must certify to the System\n\nin writing the actual average gross salary currently paid to the\n\nhighest nonsupervisory position for division (2) of subparagraph b\n\nof this paragraph;\n\n4. No member of the System receiving benefits prescribed by\n\nthis subsection who retired prior to July 1, 2002, shall receive a\n\nbenefit of less than the amount the member was receiving as of June\n\n30, 2002;\n\n5. The Board of Trustees shall promulgate rules as necessary to\n\nimplement the provisions of this subsection; and\n\n6. If such member participates in the Oklahoma Law Enforcement\n\nDeferred Option Plan pursuant to Section 2-305.2 of this title, then\n\nsuch member’s disability pension provided pursuant to this\n\nsubsection shall be reduced to account for such member’s\n\nparticipation in the Oklahoma Law Enforcement Deferred Option Plan.\n\nF. A member who meets the definition of disability as defined\n\nin paragraph 11 of Section 2-300 of this title and whose disability\n\nis by means of personal and traumatic injury of a catastrophic\n\nnature and in the line of duty, shall receive a monthly benefit\n\nequal to:\n\n1. Two and one-half percent (2 1/2%);\n\n2. Multiplied by:\n\na. twenty (20) years of service, regardless of the actual\n\nnumber of years of credited service performed by the\n\nmember prior to the date of disability, if the member\n\nhad performed less than twenty (20) years of service,\n\nor\n\nb. the actual number of years of service performed by the\n\nmember if the member had performed twenty (20) or more\n\nyears of service;\n\n3. Multiplied by a final average salary equal to:\n\na. the salary which the member would have received\n\npursuant to statutory salary schedules in effect upon\n\nthe date of the disability for twenty (20) years of\n\nservice prior to disability. The final average salary\n\nfor a member who performed less than twenty (20) years\n\nof service prior to disability shall be computed\n\nassuming that the member was paid the highest salary\n\nallowable pursuant to the law in effect at the time of\n\nthe member’s disability based upon twenty (20) years\n\nof service and with an assumption that the member was\n\neligible for any and all increases in pay based upon\n\nrank during the entire period. If the salary of a\n\nmember is not prescribed by a specific salary schedule\n\nupon the date of the member’s disability, the final\n\naverage salary for the member shall be computed by the\n\nmember’s actual final average salary or the highest\nupon twenty (20) years\n\nof service and with an assumption that the member was\n\neligible for any and all increases in pay based upon\n\nrank during the entire period. If the salary of a\n\nmember is not prescribed by a specific salary schedule\n\nupon the date of the member’s disability, the final\n\naverage salary for the member shall be computed by the\n\nmember’s actual final average salary or the highest\n\nmedian salary amount for a member whose salary was\n\nprescribed by a specific salary schedule upon the date\n\nof the member’s disability, whichever final average\n\nsalary amount would be greater, or\n\nb. the actual final average salary of the member if the\n\nmember had performed twenty (20) or more years of\n\nservice prior to disability.\n\nIf such member participates in the Oklahoma Law Enforcement\n\nDeferred Option Plan pursuant to Section 2-305.2 of this title, such\n\nmember’s disability pension provided pursuant to this subsection\n\nshall be adjusted as provided in Section 2-305.2 of this title to\n\naccount for such member’s participation in the Oklahoma Law\n\nEnforcement Deferred Option Plan.\n\nG. A member who meets the definition of disability as defined\n\nin Section 2-300 of this title and whose disability occurred prior\n\nto the member’s normal retirement date but after completing three\n\n(3) years of vesting service and not by reason of the performance of\n\nthe member’s duties or as a result of the member’s willful\n\nnegligence shall receive a monthly benefit equal to two and one-half\n\npercent (2 1/2%) of final average salary multiplied by the number of\n\nyears of the member’s credited service.\n\nH. Payment of a disability pension shall commence as of the\n\nfirst day of the month coinciding or next following the date of\n\nretirement and shall continue as long as the member meets the\n\ndefinition of total and permanent disability provided in this\n\nsection.\n\nI. For the purpose of determining the member’s disability under\n\nsubsection E, F or G of this section, the member shall be required\n\nby the Board to be examined by a minimum of two recognized\n\nphysicians selected by the Board to determine the extent of the\n\nmember’s injury or illness. The examining physicians shall furnish\n\nthe Board a detailed written report of the injury or illness of the\n\nexamined member establishing the extent of disability and the\n\npossibilities of the disabled member being returned to his or her\n\nregular duties or an alternate occupation or service covered by the\n\nSystem after a normal recuperation period. The Board shall require\n\nall retired disabled members who have not attained their normal\n\nretirement date to submit to a physical examination once each year\n\nfor a minimum of three (3) years following retirement. The Board\n\nshall select a minimum of two physicians to examine the retired\n\nmembers and pay for their services from the fund. Any retired\n\ndisabled member found no longer disabled by the examining physicians\n\nto perform the occupation of the member or an alternate occupation\n\nor service covered by the System shall be required to return to duty\n\nand complete twenty (20) years of service as provided in subsection\n\nA of this section, or forfeit all his or her rights and claims under\n\nSection 2-300 et seq. of this title.\n\nJ. The disability benefit under this section shall be for the\n\nlifetime of the member unless such member is found no longer\n\ndisabled pursuant to subsection I of this section. Such member\n\nshall not be entitled to the retirement benefit pursuant to\n\nsubsection A of this section unless such member returns to active\n\nduty and is eligible for a retirement benefit as provided in\n\nsubsection A of this section.\n\nK. At the postoffer, preemployment physical examination\n\nrequired under paragraph 6 of Section 2-300 of this title, the\n\nphysician selected by the Board shall determine the extent to which\nahoma Statutes - Title 47. Motor Vehicles Page 136\n\nsubsection A of this section unless such member returns to active\n\nduty and is eligible for a retirement benefit as provided in\n\nsubsection A of this section.\n\nK. At the postoffer, preemployment physical examination\n\nrequired under paragraph 6 of Section 2-300 of this title, the\n\nphysician selected by the Board shall determine the extent to which\n\na new member is disabled. If a member is determined to be partially\n\ndisabled, the physician shall assign a percentage of disability to\n\nsuch partial disability. If such member then becomes entitled to a\n\ndisability benefit under either subsection E or subsection G of this\n\nsection, the benefit payable shall be reduced by the percentage\n\nwhich such member was determined to be disabled at the postoffer,\n\npreemployment physical unless the Board makes a determination that\n\nthe initially determined percentage of disability at the\n\npreemployment physical examination is unrelated to the reason for\n\nthe disability currently sought pursuant to subsection E or\n\nsubsection G of this section. Upon employment, the member shall\n\ndisclose to the Board any disability payments received from any\n\nsource. The amount of disability to be paid to any member cannot\n\nexceed one hundred percent (100%) disability from all sources. The\n\nprovisions of this subsection shall apply only to members whose\n\neffective date of membership is on or after July 1, 2000.\n\nL. In addition to the pension provided for under subsection F\n\nof this section, if the member has one or more children under the\n\nage of eighteen (18) years or under the age of twenty-two (22) years\n\nif the child is enrolled full-time in and is regularly attending a\n\npublic or private school or any institution of higher education,\n\nFour Hundred Dollars ($400.00) a month shall be paid from the Fund\n\nfor the support of each surviving child to the member or person\n\nhaving the care and custody of such children until each child\n\nreaches the age of eighteen (18) years or reaches the age of twenty-\n\ntwo (22) years if the child is enrolled full-time in and is\n\nregularly attending a public or private school or any institution of\n\nhigher education.\n\nM. Notwithstanding any other provisions in Section 2-300\n\nthrough 2-315 of this title, in order to be eligible to receive\n\ndisability benefits, a member who meets the definition of disability\n\nas defined in paragraph 11 of Section 2-300 of this title shall file\n\nthe member’s completed application for disability benefits with the\n\nSystem before such member’s date of termination from service and\n\nprovide such additional information that the System’s rules require\n\nwithin six (6) months of the System’s receipt of such application.\n\nIf the member’s completed application for disability benefits is not\n\nfiled with the System before the member’s date of termination from\n\nservice or such additional information as is required under the\n\nSystem’s rules is not provided within six (6) months of the System’s\n\nreceipt of such application, such member shall be eligible only for\n\nsuch other benefits as are available to members of the System and\n\nshall not be eligible to receive any disability benefits. For good\n\ncause shown, the Board of Trustees may waive the requirement that\n\nthe disability application be filed before the member’s date of\n\ntermination from service. In no event shall a member be eligible to\n\nreceive any disability benefit if the member’s completed application\n\nis filed more than six (6) months after the member’s date of\n\ntermination from service.\n\nN. If the requirements of Section 2-305.1C of this title are\n\nsatisfied, a member who, by reason of disability or attainment of\n\nnormal retirement date or age, is separated from service as a public\n\nsafety officer with the member’s participating employer may elect to\n\nhave payment made directly to the provider for qualified health\nx (6) months after the member’s date of\n\ntermination from service.\n\nN. If the requirements of Section 2-305.1C of this title are\n\nsatisfied, a member who, by reason of disability or attainment of\n\nnormal retirement date or age, is separated from service as a public\n\nsafety officer with the member’s participating employer may elect to\n\nhave payment made directly to the provider for qualified health\n\ninsurance premiums by deduction from his or her monthly disability\n\nbenefit or monthly retirement payment, 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 47"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os47.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"85927fa5de4612a8bb4ed495e9824df4ac04cbec9402e9304ef8368c49fe183a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-47-47-2-304.1","next":"us-ok/okla.-stat.-tit.-47-47-2-305.1"},"notice":"GroundRules: Original legal text. Not legal advice."}