Okla. Stat. tit. 11, § 11-49-112

A. Whenever any member of the fire department shall lose his or

her life by reason of any injury or sickness sustained by him or her

while in, or in consequence of, the performance of his or her duty

or while on active duty in the National Guard and Reserves called to

active duty, leaving a surviving spouse, or child or children under

the age of eighteen (18) years, then, upon satisfactory proof of

such facts made to it, the State Board shall order and direct that a

monthly pension be paid. Such amount shall be determined in

accordance with the provisions of subsection A of Section 49-109 of

this title. In the event of the death of the surviving spouse, the

pension shall cease, and should there then be but one living child

such child shall receive an amount equal to one hundred percent

(100%) of the pension, but if there then be more than one living

child, one hundred percent (100%) of the pension shall be divided

equally between the children until each child reaches the age of

eighteen (18) years or until the age of twenty-two (22) years if the

child is enrolled full-time and regularly attending a public or

private school or any institution of higher education. In the event

the State Board finds that such a child who is not married at the

time of death of the member or the member’s surviving spouse and who

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at the time the child attains or attained the age of eighteen (18)

years is either physically or mentally disabled, the pension shall

continue so long as such disability remains. Upon the death of the

firefighter and surviving spouse, if any, the physically or mentally

disabled child shall be entitled to have paid to the child’s trustee

of a trust, whether inter vivos or testamentary, which trust

provides for the receipt of the pension benefits to be held and

administered for the sole benefit of the physically or mentally

disabled child, or if there is no trust, to the child’s legally

appointed guardian, an amount not to exceed one hundred percent

(100%) of the pension. The money paid to the guardian or trustee

shall be used solely for the benefit of the disabled child and it

shall be reported annually to the State Board. The payment provided

shall be calculated after payments have been made to all eligible

children as provided in this subsection. If the member does not

leave a beneficiary or disabled child as described in this

subsection, the accumulated contributions made to the System by the

member shall be paid to the estate of the member.

B. Whenever any member of the fire department who has not

terminated employment shall lose his or her life for any reason not

described in subsection A of this section, after completing less

than twenty (20) years of credited service, leaving a surviving

spouse, or child or children under the age of eighteen (18) years,

then upon satisfactory proof of such facts made to it, the State

Board shall order and direct that a monthly pension be paid. Such

amount 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. In the event of the death of the

surviving spouse, the pension shall cease, and should there then be

but one living child such child shall receive an amount equal to one

hundred percent (100%) of the pension, but if there then be more

than one living child, one hundred percent (100%) of the pension

shall be divided equally between the children until each child

reaches the age of eighteen (18) years or the age of twenty-two (22)

years if the child is enrolled full-time and regularly attending a

public or private school or any institution of higher education. In

the event the State Board finds that such a child who is not married

at the time of death of the member or the member’s surviving spouse

and who at the time the child attains or attained the age of
s the age of eighteen (18) years or the age of twenty-two (22)

years if the child is enrolled full-time and regularly attending a

public or private school or any institution of higher education. In

the event the State Board finds that such a child who is not married

at the time of death of the member or the member’s surviving spouse

and who at the time the child attains or attained the age of

eighteen (18) years is either physically or mentally disabled, the

pension shall continue so long as the disability remains. Upon the

death of the firefighter and surviving spouse, if any, said

physically or mentally disabled child shall be entitled to have paid

to the child’s trustee of a trust, whether inter vivos or

testamentary, which trust provides for the receipt of the pension

benefits to be held and administered for the sole benefit of said

physically or mentally disabled child, or if there is no trust, to

Oklahoma Statutes - Title 11. Cities and Towns Page 568

the child’s legally appointed guardian, an amount not to exceed one

hundred percent (100%) of the pension. The money paid to the

guardian or trustee shall be used solely for the benefit of the

disabled child and it shall be reported annually to the State Board.

The payment provided shall be calculated after payments have been

made to all eligible children as provided in this subsection. If

the member does not leave a beneficiary or disabled child as

described in this subsection, the accumulated contributions made to

the System by the member shall be paid to the estate of the member.

C. For purposes of this section, a child shall not be

considered disabled if the child is able to pursue a remunerative

occupation, with the remuneration being reasonably substantial

rather than merely nominal.