Okla. Stat. tit. 11, § 11-49-109

Disability not in line of duty.

A. Whenever any firefighter serving in any capacity in a

regularly constituted fire department of a municipality shall become

so physically or mentally disabled while in, or in consequence of,

the performance of the firefighter’s duty as to prevent the

effective performance of the firefighter’s duties, the State Board

may, upon the firefighter’s written request, or without such request

if the State Board deems it for the good of the department, retire

the firefighter from active service, and if so retired, shall direct

that the firefighter be paid from the System a monthly pension equal

to the greater of:

1. Fifty percent (50%) of the average monthly salary which was

paid to the firefighter during the last thirty (30) months of the

firefighter’s service; or

2. Two and one-half percent (2 1/2%) of the firefighter’s final

average salary multiplied by the member’s years of credited service,

not to exceed thirty (30) years, provided such firefighter has

completed twenty (20) or more years of credited service.

B. If the disability ceases within two (2) years from the date

of the firefighter’s disability retirement and before the

firefighter’s normal retirement date, the formerly disabled person

shall be restored to active service at the salary attached to the

rank the firefighter held at the time of the firefighter’s

disability retirement provided the firefighter is capable of

performing the duties of a firefighter. Whenever such disability

shall cease, such disability pension provided pursuant to paragraph

1 of subsection A of this section shall cease. If a firefighter

participates in the Oklahoma Firefighters Deferred Option Plan

pursuant to Section 49-106.1 of this title, the firefighter’s

disability pension provided pursuant to this subsection shall be

Oklahoma Statutes - Title 11. Cities and Towns Page 563

reduced to account for the firefighter’s participation in the

Oklahoma Firefighters Deferred Option Plan.

C. Whenever any firefighter, who has served in any capacity in

a regularly constituted fire department of a municipality of the

state, and who has served less than the firefighter’s normal

retirement date, shall become so physically or mentally disabled

from causes not arising in the line of duty as to prevent the

effective performance of the firefighter’s duties, the firefighter

shall be entitled to a pension during the continuance of such

disability based upon the firefighter’s service period which shall

be fifty percent (50%) of the average monthly salary which was paid

to the firefighter during the last sixty (60) months of the

firefighter’s service.

D. No firefighter shall accrue additional service time while

receiving a disability pension; provided further, that nothing

herein contained shall affect the eligibility of any firefighter to

apply for and receive a retirement pension after the firefighter’s

normal retirement date; provided further, that no firefighter shall

receive retirement benefits from the System during the time the

firefighter is receiving disability benefits from the System. Any

member or beneficiary eligible to receive a monthly benefit pursuant

to this section may make an election to waive all or a portion of

monthly benefits.

E. If the requirements of Section 49-106.5 of this title are

satisfied, a member who, by reason of disability, is separated from

service as a public safety officer with the member’s participating

municipality, may elect to have payment made directly to the

provider for qualified health insurance premiums by deduction from

his or her monthly disability benefit, after December 31, 2006, in

accordance with Section 402(l) of the Internal Revenue Code of 1986,

as amended. For distributions made after December 29, 2022, the

election provided for under Section 402(l) of the Internal Revenue

Code of 1986, as amended, may be made whether payment of the
provider for qualified health insurance premiums by deduction from

his or her monthly disability benefit, after December 31, 2006, in

accordance with Section 402(l) of the Internal Revenue Code of 1986,

as amended. For distributions made after December 29, 2022, the

election provided for under Section 402(l) of the Internal Revenue

Code of 1986, as amended, may be made whether payment of the

premiums is made directly to the provider of the accident or health

plan or qualified long-term care insurance contract by deduction

from a distribution from the System or is made to the member.