{"data":{"id":"us-ok/okla.-stat.-tit.-70-70-17-105","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 70, § 70-17-105","heading":"Retirement","body":"A. 1. Any member who has attained age fifty-five (55) or who\n\nhas completed thirty (30) years of creditable service, as defined in\n\nSection 17-101 of this title, or for any person who initially became\n\na member prior to July 1, 1992, regardless of whether there were\n\nbreaks in service after July 1, 1992, whose age and number of years\n\nof creditable service total eighty (80) may be retired upon proper\n\napplication for retirement as established by the Teachers’\n\nRetirement System of Oklahoma. Such a retirement date will also\n\napply to any person who became a member of the sending system as\n\ndefined in Section 17-116.2 of this title, prior to July 1, 1992,\n\nregardless of whether there were breaks in service after July 1,\n\n1992. Any person who became a member after June 30, 1992, but prior\n\nto November 1, 2011, whose age and number of years of creditable\n\nservice total ninety (90) may be retired upon proper application for\n\nretirement as established by the System. Any person who becomes a\n\nmember on or after November 1, 2011, who attains the age of sixty-\n\nfive (65) years or who reaches a normal retirement date pursuant to\n\nsubparagraph d of paragraph 22 of Section 17-101 of this title\n\nhaving attained a minimum age of sixty (60) years may be retired\n\nupon proper application for retirement as established by the System.\n\nThe application shall be filed with the System in a manner required\n\nby the Board of Trustees.\n\n2. The employer shall provide the System with the following\n\ninformation for a retiring member, no later than the fifteenth day\n\nof the month of retirement: last day physically on the job; last\n\nday on payroll; any regular compensation not already reported to the\n\nSystem; and final unused sick leave balance.\n\n3. Failure to submit this information by the deadline, or\n\nerrors in submitted information that result in a disqualification of\n\nretirement eligibility, shall be the responsibility of the employer.\n\nIn cases where the error results in disqualification of retirement\n\neligibility, it is the employer’s responsibility to reemploy the\n\nmember, or retain the member on the payroll, for the time period\n\nrequired to reach eligibility, not exceeding two (2) months.\n\nB. An individual who becomes a member of the Teachers’\n\nRetirement System of Oklahoma after July 1, 1967, through October\n\n31, 2017, shall be employed by the public schools, state colleges,\n\nor universities of Oklahoma for a minimum of five (5) years and be a\n\ncontributing member of the Teachers’ Retirement System of Oklahoma\n\nfor a minimum of five (5) years to qualify for monthly retirement\n\nbenefits from the Teachers’ Retirement System of Oklahoma.\n\nAn individual who becomes a member of the Teachers’ Retirement\n\nSystem of Oklahoma on or after November 1, 2017, shall be employed\n\nby the public schools, state colleges or universities of Oklahoma\n\nfor a minimum of seven (7) years and be a contributing member of the\n\nTeachers’ Retirement System of Oklahoma for a minimum of seven (7)\n\nyears to qualify for monthly retirement benefits from the Teachers’\n\nRetirement System of Oklahoma.\n\nC. Individuals becoming members after July 1, 1967, through\n\nOctober 31, 2017, with five (5) or more years of Oklahoma service\n\nand whose accumulated contributions during such period have not been\n\nwithdrawn shall be given an indefinite extension of membership\n\nbeginning with the sixth year following the member’s last\n\ncontributing membership.\n\nIndividuals becoming members on or after November 1, 2017, with\n\nseven (7) or more years of Oklahoma service and whose accumulated\n\ncontributions during such period have not been withdrawn shall be\n\ngiven an indefinite extension of membership beginning with the\n\neighth year following the member’s last contributing membership.\n\nD. Nonclassified optional personnel who have retired or who\n\nretire at sixty-two (62) years of age or older or whose retirement\n7, with\n\nseven (7) or more years of Oklahoma service and whose accumulated\n\ncontributions during such period have not been withdrawn shall be\n\ngiven an indefinite extension of membership beginning with the\n\neighth year following the member’s last contributing membership.\n\nD. Nonclassified optional personnel who have retired or who\n\nretire at sixty-two (62) years of age or older or whose retirement\n\nis because of disability shall have minimum retirement benefits\n\ncalculated on an average salary of Five Thousand Three Hundred Fifty\n\nDollars ($5,350.00) or, if a larger monthly allowance would result,\n\nan amount arrived at pursuant to application of the formula\n\nprescribed herein.\n\nE. No member shall receive a lesser retirement benefit than the\n\nmember would have received under the law in effect at the time the\n\nmember retired. Any individual under the Teachers’ Retirement\n\nSystem of Oklahoma, who through error in stating the title of the\n\nposition which the member held, may, at the discretion of the Board\n\nof Trustees, be changed from the nonclassified optional group to the\n\nclassified group for the purpose of calculating retirement benefits.\n\nF. The value of each year of prior service is the total monthly\n\nretirement benefit divided by the number of years of creditable\n\nservice.\n\nG. Upon application of a member who is actively engaged in\n\nteaching in Oklahoma or upon application of the member’s employer,\n\nany member who has been a contributing member for ten (10) years may\n\nbe retired by the System subsequent to the execution and filing\n\nthereof, on a disability retirement allowance, provided that it is\n\nfound by the Medical Board after medical examination of such member\n\nby a duly qualified physician that such member is mentally or\n\nphysically incapacitated for further performance of duty, that such\n\nincapacity is likely to be permanent, and that such member should be\n\nretired. The System shall rely on and give full consideration to\n\nthe conclusions and recommendations in the certified written report\n\nof the Medical Board of the Teachers’ Retirement System of Oklahoma\n\nregarding the disability application of such member. If the Medical\n\nBoard does not find that a member applying for disability retirement\n\nis mentally or physically incapacitated for performance of duty or\n\notherwise eligible for a disability retirement, the application\n\nshall then be considered by the Board of Trustees. If a member is\n\ndetermined to be eligible for disability benefits pursuant to the\n\nSocial Security System, then such determination shall entitle the\n\nmember to the authorized disability retirement benefits provided by\n\nlaw. For members who are not eligible for disability benefits\n\npursuant to the Social Security Administration, the Board of\n\nTrustees and the Medical Board shall apply the same standard for\n\nwhich provision is made in the first two sentences of this\n\nsubsection for determining the eligibility of a person for such\n\ndisability benefits in making a determination of eligibility for\n\ndisability benefits as authorized by this subsection.\n\nH. 1. A member who at the time of retirement has been found to\n\nbe permanently physically or mentally incapacitated to perform the\n\nnecessary duties to continue in the member’s current position shall\n\nreceive a minimum monthly retirement payment for life or until such\n\ntime as the member may be found to be recovered to the point where\n\nthe member may return to teaching. Any member retired before July\n\n1, 1992, shall be eligible to receive the monthly retirement benefit\n\nherein provided, but such payment shall not begin until the first\n\npayment due to the member after July 1, 1992, and shall not be\n\nretroactive. The Board of Trustees is empowered to make such rules\n\nand regulations as it considers proper to preserve equity in\n\nretirements under this provision, which shall include a provision to\n\nprotect the rights of the member’s spouse.\nonthly retirement benefit\n\nherein provided, but such payment shall not begin until the first\n\npayment due to the member after July 1, 1992, and shall not be\n\nretroactive. The Board of Trustees is empowered to make such rules\n\nand regulations as it considers proper to preserve equity in\n\nretirements under this provision, which shall include a provision to\n\nprotect the rights of the member’s spouse.\n\n2. A member who has qualified for retirement benefits under\n\ndisability retirement shall have the total monthly payment deducted\n\nfrom the member’s accumulated contributions plus interest earned and\n\nany money remaining in the member’s account after the above\n\ndeductions at the death of the member shall be paid in a lump sum to\n\nthe beneficiary or to the estate of the member. Provided, if the\n\ndeceased disabled member had thirty (30) years or more of creditable\n\nservice and the death occurred after June 30, 1981, and death\n\noccurred prior to the disabled member receiving twelve monthly\n\nretirement payments, a surviving spouse may elect to receive the\n\nretirement benefit to which the deceased member would have been\n\nentitled at the time of death under the Option 2 Plan of Retirement\n\nprovided for in paragraph 2 of subsection K of this section in lieu\n\nof the death benefit provided for in this paragraph and in\n\nsubsection Q of this section.\n\n3. Once each year the System may require any disabled annuitant\n\nwho has not yet attained the age of sixty (60) years to undergo a\n\nmedical examination, such examination to be made at the place of\n\nresidence for the disabled annuitant or other place mutually agreed\n\nupon by a physician or physicians designated by the System. Should\n\nany disabled annuitant who has not yet attained the age of sixty\n\n(60) years refuse to submit to at least one medical examination in\n\nany such year by a physician or physicians designated by the System,\n\nthe member’s benefits may be discontinued until the member submits\n\nto such examination.\n\n4. Should the Medical Board report and certify to the Board of\n\nTrustees that such disabled annuitant is engaged in or is able to\n\nengage in a gainful occupation paying more than the difference\n\nbetween the member’s average final compensation and the annual\n\nbenefit amount, and should the Board of Trustees concur in such\n\nreport, then the amount of the member’s annual benefit shall be\n\nreduced to an amount which, added to the member’s earnings from a\n\ngainful occupation, shall equal the amount of the member’s average\n\nfinal compensation. Should the member’s earning capacity be later\n\nincreased, the amount of the member’s annual benefit may be further\n\nreduced.\n\n5. Should a disabled annuitant be restored to active service,\n\nthe member’s disability retirement benefit shall cease and the\n\nmember shall again become an active member of the Teachers’\n\nRetirement System of Oklahoma and shall make regular contributions\n\nas required under this article. The unused portion of the member’s\n\naccumulated contributions shall be reestablished to the member’s\n\ncredit in the Teachers’ Savings Fund. Any such prior service\n\ncertificates on the basis of which the member’s service was computed\n\nat the time of the member’s retirement shall be restored to full\n\nforce and effect.\n\nI. Should a member before retirement under Section 17-101 et\n\nseq. of this title make application for withdrawal duly filed with\n\nthe System, not earlier than four (4) months after the date of\n\ntermination of employment with a participating employer within the\n\nSystem, the contribution standing to the credit of the member’s\n\nindividual account in the Teachers’ Savings Fund shall be paid to\n\nthe member or, in the event of the member’s death before retirement,\n\nshall be paid to such person or persons as the member shall have\n\ndesignated in a manner required by the Board of Trustees and filed\nrmination of employment with a participating employer within the\n\nSystem, the contribution standing to the credit of the member’s\n\nindividual account in the Teachers’ Savings Fund shall be paid to\n\nthe member or, in the event of the member’s death before retirement,\n\nshall be paid to such person or persons as the member shall have\n\ndesignated in a manner required by the Board of Trustees and filed\n\nwith the System; provided, however, if there is no designated\n\nbeneficiary surviving upon such death, such contributions shall be\n\npaid to the member’s administrators, executors, or assigns, together\n\nwith interest as hereinafter provided. Provided further, if there\n\nis no designated beneficiary surviving upon such death, and the\n\ncontributions standing to the credit of such member do not exceed\n\nTwo Hundred Dollars ($200.00), no part of such contributions shall\n\nbe subject to the payment of any expense of the last illness or\n\nfuneral of the deceased member or any expense of administration of\n\nthe estate of such deceased and the System, upon satisfactory proof\n\nof the death of such member and of the name or names of the person\n\nor persons who would be entitled to receive such contributions under\n\nthe laws of descent and distribution of the state, may authorize the\n\npayment of accumulated contributions to such person or persons. A\n\nmember terminating membership by withdrawal after June 30, 2003,\n\nshall have the interest computed at a rate of interest determined by\n\nthe Board of Trustees and paid to the member subject to the\n\nfollowing schedule:\n\n1. If termination occurs within sixteen (16) years from the\n\ndate membership began, fifty percent (50%) of such interest\n\naccumulations shall be paid;\n\n2. With at least sixteen (16) but less than twenty-one (21)\n\nyears of membership, sixty percent (60%) of such interest\n\naccumulations shall be paid;\n\n3. With at least twenty-one (21) but less than twenty-six (26)\n\nyears of membership, seventy-five percent (75%) of such interest\n\naccumulations shall be paid; and\n\n4. With at least twenty-six (26) years of membership, ninety\n\npercent (90%) of such interest accumulations shall be paid.\n\nIn case of death of an active member, the interest shall be\n\ncalculated and restored to the member’s account and paid to the\n\nmember’s beneficiary.\n\nJ. 1. In lieu of the Maximum Retirement Allowance payable\n\nthroughout life for such an amount as determined under this section,\n\nthe member may select a retirement allowance for a reduced amount\n\npayable under any of the options listed in subsection K of this\n\nsection the present value of which is the actuarial equivalent\n\nthereof.\n\n2. The first payment of any benefit selected shall be made on\n\nthe first day of the month following approval of the retirement by\n\nthe System. If the named joint annuitant under Option 2 or 3 dies\n\nat any time after the member’s retirement date, but before the death\n\nof the member, the member shall return to the Maximum Plan of\n\nRetirement, including any post-retirement benefit increases the\n\nmember would have received had the member not selected Option 2 or 3\n\npursuant to paragraph 2 or 3 of subsection K of this section. The\n\nretirement allowance shall be determined at the date of death of the\n\njoint annuitant. This increase shall become effective the first day\n\nof the month following the date of death of the joint annuitant, and\n\nshall be payable for the member’s remaining lifetime. The member\n\nshall notify the Teachers’ Retirement System of Oklahoma of the\n\ndeath of the joint annuitant by providing a copy of the joint\n\nannuitant’s death certificate. In the absence of the death\n\ncertificate being filed by the member notifying the Teachers’\n\nRetirement System of Oklahoma of the death of the joint annuitant\n\nwithin six (6) months of the date of death, nothing in this\n\nsubsection shall require the Teachers’ Retirement System of Oklahoma\nOklahoma of the\n\ndeath of the joint annuitant by providing a copy of the joint\n\nannuitant’s death certificate. In the absence of the death\n\ncertificate being filed by the member notifying the Teachers’\n\nRetirement System of Oklahoma of the death of the joint annuitant\n\nwithin six (6) months of the date of death, nothing in this\n\nsubsection shall require the Teachers’ Retirement System of Oklahoma\n\nto pay more than six (6) months of retrospective benefits increase.\n\nK. 1. Option 1. A member takes a slightly reduced retirement\n\nallowance for life. If the member dies before receiving in annuity\n\npayments the present value of the member’s annuity as it was at the\n\ntime of retirement, the balance shall be paid to the member’s\n\nbeneficiary by designation filed with the System prior to the\n\nmember’s death.\n\n2. Option 2. A member takes a reduced retirement allowance for\n\nlife. Upon the death of the member the payments shall continue to\n\nthe member’s joint annuitant for the life of the joint annuitant.\n\nThe designation of the joint annuitant must be filed with the System\n\nat the time of the member’s retirement and, except as provided in\n\nparagraph 2 of subsection J of this section, cannot be changed after\n\nthe effective date of the member’s retirement.\n\n3. Option 3. A member receives a reduced retirement allowance\n\nfor life. Upon the death of the member one-half (1/2) of the\n\nretirement allowance paid the member shall be continued throughout\n\nthe life of the member’s joint annuitant. A designation of a joint\n\nannuitant must be filed with the System at the time of the member’s\n\nretirement and, except as provided in paragraph 2 of subsection J of\n\nthis section, cannot be changed after the effective date of the\n\nmember’s retirement.\n\n4. Option 4. Provided, the System may establish other\n\nretirement options if certified by the actuary to be of equivalent\n\nactuarial value to the member’s retirement allowance. Other\n\nretirement options shall be presented to the Board of Trustees for\n\napproval at its discretion. Such other benefit or benefits shall be\n\npaid either to the member or, if applicable, to such joint annuitant\n\nas the member shall nominate.\n\nL. Provided, the options listed in paragraphs 2 and 3 of\n\nsubsection K of this section shall not be available if the member’s\n\nexpected benefit is less than fifty percent (50%) of the lump-sum\n\nactuarial equivalent and the joint annuitant is not the spouse of\n\nthe member.\n\nM. 1. A member who chose the Maximum Plan of Retirement at the\n\ntime of retirement may make a one-time election to choose either\n\nOption 2 or 3 as prescribed in paragraph 2 or 3 of subsection K of\n\nthis section and name the member’s spouse as joint annuitant if the\n\nmember marries after making the initial election. Such an election\n\nshall be made within one (1) year of the date of marriage. The\n\nmember shall provide proof of a member’s good health before the\n\nSystem will permit a change to either Option 2 or 3 as prescribed in\n\nparagraphs 2 and 3 of subsection K of this section and the naming of\n\na joint annuitant. A medical examination conducted by a licensed\n\nphysician is required for purposes of determining good health. Such\n\nexamination must be approved by the Medical Board. The member shall\n\nbe required to provide proof of age for the new joint annuitant.\n\nThe System shall adjust the retirement allowance to the actuarially\n\nequivalent amount based on the new joint annuitant’s age. The Board\n\nof Trustees shall promulgate rules to implement the provisions of\n\nthis subsection.\n\n2. A member who retires after July 1, 2010, and has selected a\n\nretirement allowance for a reduced amount payable under one of the\n\noptions provided for in subsection K of this section may make a one-\n\ntime irrevocable election to select a different option within sixty\non the new joint annuitant’s age. The Board\n\nof Trustees shall promulgate rules to implement the provisions of\n\nthis subsection.\n\n2. A member who retires after July 1, 2010, and has selected a\n\nretirement allowance for a reduced amount payable under one of the\n\noptions provided for in subsection K of this section may make a one-\n\ntime irrevocable election to select a different option within sixty\n\n(60) days of the member’s retirement date. The beneficiary or joint\n\nannuitant designated by the member at the time of retirement shall\n\nnot be changed if the member makes the election provided for in this\n\nparagraph.\n\n3. Any individual who is eligible to be a beneficiary or joint\n\nannuitant of a member under subsection J of this section, and who is\n\nalso a beneficiary of a trust created under the Oklahoma\n\nDiscretionary and Special Needs Trust Act, Section 175.81 et seq. of\n\nTitle 60 of the Oklahoma Statutes, or a comparable Trust Act created\n\nunder the laws of another state, hereinafter collectively referred\n\nto as “Trust Acts”, may be a beneficiary or joint annuitant under\n\nsubsection J of this section by having the trustee of the trust\n\nestablished for the benefit of that individual named as the legal\n\nbeneficiary or joint annuitant under subsection J of this section.\n\nThe age of that beneficiary shall be used for calculating any\n\nbenefit payable to the trust under subsection J of this section.\n\nThe beneficiary of such a trust shall be treated as the beneficiary\n\nor joint annuitant under subsection J of this section except that\n\npayments of any benefits due under subsection J of this section\n\nshall be payable to the lawfully appointed trustee of the trust.\n\nThe obligation of the System to pay the beneficiary or joint\n\nannuitant under subsection J of this section shall be satisfied by\n\npayment to the trustee whom the System, in good faith, believes to\n\nbe the lawfully appointed trustee. Any conflict between the\n\nstatutes creating and governing the Teachers’ Retirement System of\n\nOklahoma in Section 17-101 et seq. of this title and the provisions\n\nof any Trust Act referred to above shall be resolved in favor of the\n\nstatutes governing the System. If an eligible beneficiary or joint\n\nannuitant is named at the time of retirement, and becomes a\n\nbeneficiary of a trust under one of the Trust Acts described herein\n\nafter that time, the System will acknowledge the trust as the\n\nbeneficiary upon the submission of adequate documentation of the\n\nexistence of the trust. All other provisions of subsection J of\n\nthis section shall apply to these subsequently created trusts.\n\n4. The Board of Trustees of the System may recognize other\n\ntrusts set up for the benefit of individuals otherwise eligible to\n\nbe named as a beneficiary or joint annuitant under subsection J of\n\nthis section by administrative rule if it can be done without undue\n\nadditional administrative expense of the System.\n\nN. The governing board of any public school, as that term is\n\ndefined in Section 17-101 of this title, is hereby authorized and\n\nempowered to pay additional retirement allowances or compensation to\n\nany person who was in the employ of such public school for not less\n\nthan seven (7) school years preceding the date of the member’s\n\nretirement. Payments so made shall be a proper charge against the\n\ncurrent appropriation or appropriations of any such public school\n\nfor salaries for the fiscal year in which such payments are made.\n\nSuch payments shall be made in regular monthly installments in such\n\namounts as the governing board of any such public school, in its\n\njudgment, shall determine to be reasonable and appropriate in view\n\nof the length and type of service rendered by any such person to\n\nsuch public school by which such person was employed at the time of\n\nretirement. All such additional payments shall be uniform, based\n\nupon the length of service and the type of services performed, to\namounts as the governing board of any such public school, in its\n\njudgment, shall determine to be reasonable and appropriate in view\n\nof the length and type of service rendered by any such person to\n\nsuch public school by which such person was employed at the time of\n\nretirement. All such additional payments shall be uniform, based\n\nupon the length of service and the type of services performed, to\n\npersons formerly employed by such public school who have retired or\n\nbeen retired in accordance with the provisions of Section 17-101 et\n\nseq. of this title.\n\nThe governing board of any such public school may adopt rules\n\nand regulations of general application outlining the terms and\n\nconditions under which such additional retirement benefits shall be\n\npaid, and all decisions of such board shall be final.\n\nO. In addition to the teachers’ retirement herein provided,\n\nteachers may voluntarily avail themselves of the federal Social\n\nSecurity program upon a district basis.\n\nP. Upon the death of an in-service member, the System shall pay\n\nto the designated beneficiary of the member or, if there is no\n\ndesignated beneficiary or if the designated beneficiary predeceases\n\nthe member, to the estate of the member, the sum of Eighteen\n\nThousand Dollars ($18,000.00) as a death benefit. Provided, if the\n\ndeceased member had ten (10) years or more of creditable service,\n\nthe member’s designated beneficiary may elect to receive the\n\nretirement benefit to which the deceased member would have been\n\nentitled at the time of death under the Option 2 plan of retirement\n\nin lieu of the death benefit provided for in this subsection.\n\nProvided further, the option provided in this subsection is only\n\navailable when the member has designated one individual as the\n\ndesignated beneficiary. The beneficiary or beneficiaries of death\n\nbenefits in the amount not to exceed Eighteen Thousand Dollars\n\n($18,000.00), but exclusive of any retirement benefit received by an\n\nelecting beneficiary based upon creditable service performed by the\n\ndeceased member, which are provided pursuant to this subsection, may\n\nelect to disclaim such death benefits in which case such benefits\n\nwill be transferred to a person licensed as a funeral director or to\n\na lawfully recognized business entity licensed as required by law to\n\nprovide funeral services for the deceased member. The qualified\n\ndisclaimer must be in writing and will be an irrevocable and an\n\nunqualified refusal to accept all or a portion of the death benefit.\n\nIt must be received by the transferor no more than nine (9) months\n\nafter the later of the day the transfer creating the interest in the\n\ndisclaiming person is made or the day the disclaiming person attains\n\nage twenty-one (21). The interest in the death benefits must pass\n\nwithout direction by the disclaiming person to another person.\n\nAfter paying death benefits to any beneficiary or the member’s\n\nestate pursuant to this subsection, the System is discharged and\n\nreleased from any and all liability, obligation, and costs. The\n\nSystem is not required to inquire into the truth of any matter\n\nspecified in this subsection or into the payment of any estate tax\n\nliability.\n\nQ. Upon the death of a retired member who has contributed to\n\nthe System, the retirement system shall pay to the designated\n\nbeneficiary of the member or, if there is no designated beneficiary\n\nor if the designated beneficiary predeceases the member, to the\n\nestate of the member, the sum of Five Thousand Dollars ($5,000.00)\n\nas a death benefit. The beneficiary or beneficiaries of benefits\n\nprovided pursuant to this subsection may elect to disclaim such\n\ndeath benefits in which case such benefits will be transferred to a\n\nperson licensed as a funeral director or to a lawfully recognized\n\nbusiness entity licensed as required by law to provide funeral\n\nservices for the deceased member. The qualified disclaimer must be\n)\n\nas a death benefit. The beneficiary or beneficiaries of benefits\n\nprovided pursuant to this subsection may elect to disclaim such\n\ndeath benefits in which case such benefits will be transferred to a\n\nperson licensed as a funeral director or to a lawfully recognized\n\nbusiness entity licensed as required by law to provide funeral\n\nservices for the deceased member. The qualified disclaimer must be\n\nin writing and will be an irrevocable and an unqualified refusal to\n\naccept all or a portion of the death benefit. It must be received\n\nby the transferor no more than nine (9) months after the later of\n\nthe day the transfer creating the interest in the disclaiming person\n\nis made or the day the disclaiming person attains age twenty-one\n\n(21). The interest in the death benefits must pass without\n\ndirection by the disclaiming person to another person. The benefit\n\npayable pursuant to this subsection shall be deemed, for purposes of\n\nfederal income taxation, as life insurance proceeds and not as a\n\ndeath benefit if the Internal Revenue Service approves this\n\nprovision pursuant to a private letter ruling request which shall be\n\nsubmitted by the Board of Trustees of the System for that purpose.\n\nAfter paying death benefits to any beneficiary or the member’s\n\nestate pursuant to this subsection, the System is discharged and\n\nreleased from any and all liability, obligation, and costs. The\n\nSystem is not required to inquire into the truth of any matter\n\nspecified in this subsection or into the payment of any estate tax\n\nliability.\n\nR. Upon the death of a member who dies leaving no living\n\nbeneficiary or having designated the member’s estate as beneficiary,\n\nor upon the death of any individual who may be entitled to a benefit\n\nfrom the System, the System may pay any applicable death benefit,\n\nunpaid contributions, or unpaid benefit which may be subject to\n\nprobate, in an amount of Twenty-five Thousand Dollars ($25,000.00)\n\nor less, without the intervention of the probate court or probate\n\nprocedure pursuant to Section 1 et seq. of Title 58 of the Oklahoma\n\nStatutes.\n\n1. Before any applicable probate procedure may be waived, the\n\nSystem must be in receipt of the decedent’s death certificate and\n\nthe following documents from those persons claiming to be the legal\n\nheirs of the deceased member:\n\na. the decedent’s valid last will and testament, trust\n\ndocuments or affidavit that a will does not exist,\n\nb. an affidavit or affidavits of heirship which must\n\nstate:\n\n(1) the names and signatures of all claiming heirs to\n\nthe decedent’s estate including the claiming\n\nheirs’ names, relationship to the deceased,\n\ncurrent addresses, tax ID numbers if known and\n\ncurrent telephone numbers,\n\n(2) a statement or statements by the claiming heirs\n\nthat no application or petition for the\n\nappointment of a personal representative is\n\npending or has been granted in any jurisdiction,\n\n(3) a description of the personal property claimed,\n\n(i.e., death benefit or unpaid contributions or\n\nboth) together with a statement that such\n\npersonal property is subject to probate,\n\n(4) a statement by each individual claiming heir\n\nidentifying the amount of personal property that\n\nthe heir is claiming from the System, and that\n\nthe heir has been notified of, is aware of and\n\nconsents to the identified claims of all the\n\nother claiming heirs of the decedent pending with\n\nthe System, and\npersonal property is subject to probate,\n\n(4) a statement by each individual claiming heir\n\nidentifying the amount of personal property that\n\nthe heir is claiming from the System, and that\n\nthe heir has been notified of, is aware of and\n\nconsents to the identified claims of all the\n\nother claiming heirs of the decedent pending with\n\nthe System, and\n\n(5) a statement by each individual claiming heir\n\naffirming that all debts of the decedent,\n\nincluding payment of last sickness, hospital,\n\nmedical, death, funeral, and burial expenses have\n\nbeen paid or provided for,\n\nc. a written agreement or agreements signed by all\n\nclaiming heirs of the decedent which provide that the\n\nclaiming heirs release, discharge and hold harmless\n\nthe System from any and all liability, obligations and\n\ncosts which it may incur as a result of making a\n\npayment to any of the decedent’s heirs, and\n\nd. a corroborating affidavit from an individual other\n\nthan a claiming heir, who was familiar with the\n\naffairs of the decedent.\n\n2. The Executive Director of the System shall retain complete\n\ndiscretion in determining which requests for probate waiver may be\n\ngranted or denied, for any reason. Should the System have any\n\nquestion as to the validity of any document presented by the\n\nclaiming heirs, or as to any statement or assertion contained\n\ntherein, the probate requirement provided for in Section 1 et seq.\n\nof Title 58 of the Oklahoma Statutes shall not be waived.\n\n3. After paying any death benefits or unpaid contributions to\n\nany claiming heirs as provided pursuant to this subsection, the\n\nSystem is discharged and released from any and all liability,\n\nobligation and costs to the same extent as if the System had dealt\n\nwith a personal representative of the decedent. The System is not\n\nrequired to inquire into the truth of any matter specified in this\n\nsubsection or into the payment of any estate tax liability.\n\nS. 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 joint annuitant if still living, to the\n\nbeneficiary of the member if the joint annuitant is deceased, or to\n\nthe member’s estate if there is no surviving joint annuitant or\n\nbeneficiary. 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 died. Upon the death of a joint\n\nannuitant receiving monthly benefit payments as prescribed herein,\n\nthe benefit payment for the month in which the joint annuitant died,\n\nif not previously paid, shall be made to the joint annuitant’s\n\nestate in an amount equal to the full monthly benefit payment\n\nregardless of the day of the month on which the joint annuitant\n\ndied.\n\nT. The Board of Trustees may adopt such other rules and\n\nregulations as are necessary to administer the benefits enumerated\n\nherein.","path":["OK Code","Title 70"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os70.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"64b36d535e2ca19b4d0bcc844798658b5ee698e3b41d15bc5556038d795a47bd","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-70-70-17-104","next":"us-ok/okla.-stat.-tit.-70-70-17-105.1"},"notice":"GroundRules: Original legal text. Not legal advice."}