Okla. Stat. tit. 11, § 11-49-113

benefits to beneficiaries.

A. 1. In the event of the death of a firefighter who at the

time of the firefighter's death was drawing a pension, other than a

disability pension, or who at the time of the firefighter's death

(whether death occurred while on duty, but not in or in consequence

of the performance of duty, or while on vacation or off duty) was

eligible, upon written request, to retire and draw a pension, other

than a disability pension, the beneficiary of such person shall be

paid an amount not to exceed one hundred percent (100%) of said

pension.

2. In the event of the death of a firefighter who at the time

of the firefighter's death was drawing, or eligible to draw, a

disability pension for a physical or mental disability that occurred

while in, or in consequence of, the performance of the firefighter's

duty, and which prevented the effective performance of the

firefighter's duties, and which caused the State Board to retire the

firefighter from active service, the beneficiary of such person

shall be paid an amount not to exceed one hundred percent (100%) of

the pension paid in accordance with subsection A of Section 49-109

of this title.

3. In the event of the death of a firefighter who at the time

of the firefighter's death was drawing, or eligible to draw, a

disability pension for a physical or mental disability from causes

not arising in the line of duty and which prevented the effective

performance of the firefighter's duties, the beneficiary of such

person shall be paid an amount not to exceed one hundred percent

(100%) of the pension paid in accordance with subsection C of

Section 49-109 of this title.

Oklahoma Statutes - Title 11. Cities and Towns Page 569

4. If a firefighter, who does not have a surviving beneficiary,

and to whom a retirement or disability benefit has been awarded, or

who is eligible therefore, dies or, if later, the last surviving

beneficiary dies, prior to receiving payments equal to or greater

than the total contributions made by the employee, as defined in the

next sentence, then a payment shall be made to the member's estate

or, if applicable, the last surviving beneficiary's estate equal to

the total contributions made by the employee minus the payments made

including payments made, or to be made, from the Deferred Option

Plan but excluding the death benefit pursuant to Section 49-113.2 of

this title. The total contributions made by the employee for

purposes of the prior sentence shall mean the sum of:

a. the member's accumulated contributions,

b. payments made to repurchase credited service pursuant

to Section 49-117.1 of this title,

c. payments made to transfer credited service from

another retirement system pursuant to subsection A of

Section 49-117.2 or Section 49-117.3 of this title,

and

d. payments made to purchase prior military service

credit pursuant to subsection E of Section 49-138 of

this title.

Total contributions, as used in this paragraph, shall exclude

interest earned or paid with respect to any contribution or payment

described in subparagraphs a through d of this paragraph.

5. Any person eligible to receive a payment pursuant to this

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

payments.

B. In the event of the death of the surviving spouse, the

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

same shall receive an amount equal to one hundred percent (100%) of

said pension, but if there then be more than one living child, one

hundred percent (100%) of said pension shall be divided equally

between the children until each child reaches the age of eighteen
nts.

B. In the event of the death of the surviving spouse, the

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

same shall receive an amount equal to one hundred percent (100%) of

said pension, but if there then be more than one living child, one

hundred percent (100%) of said 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. Provided, that 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 thereof shall continue so long as such disability remains;

provided, that 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

Oklahoma Statutes - Title 11. Cities and Towns Page 570

benefit of said 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 said pension. The money

so 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. 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. The payment so provided shall be calculated after payments

have been made to all eligible children as provided in this section;

provided further, that beneficiaries now receiving pensions under

the provisions of Sections 49-112 or 49-113 of this title shall,

upon application to the State Board, thereafter be entitled to a

pension equal to the amount which they would have received if this

act were in effect at the time the right to said pension accrued.

C. In the event a surviving spouse of a member remarried prior

to June 7, 1993, the surviving spouse shall be eligible to receive

the pension benefits provided for in this section. To receive the

pension benefits provided for in this section the surviving spouse

falling within this section shall submit a written request for such

benefits to the Oklahoma Firefighters Pension and Retirement System.

The Oklahoma Firefighters Pension and Retirement System shall

approve requests by surviving spouses meeting the requirements of

this section. Upon approval by the Oklahoma Firefighters Pension

and Retirement System, the surviving spouse shall be entitled to the

pension benefits provided for in this section beginning from the

date of approval forward. Pension benefits provided to surviving

spouses falling within this section shall not apply to alter any

amount of pension benefits paid or due prior to the Oklahoma

Firefighters Pension and Retirement System's approval of the

remarried surviving spouse's written request for benefits.

D. No surviving spouse shall receive benefits from this

section, Section 50-117 of this title, or Section 2-306 of Title 47

of the Oklahoma Statutes as the surviving spouse of more than one

member of the Oklahoma Firefighters Pension and Retirement System,

the Oklahoma Police Pension and Retirement System, or the Oklahoma

Law Enforcement Retirement System. The surviving spouse of more

than one member shall elect which member's benefits he or she will

receive.

E. Upon the death of a retired member, the benefit payment for

the month in which the retired member died, if not previously paid,
the Oklahoma Firefighters Pension and Retirement System,

the Oklahoma Police Pension and Retirement System, or the Oklahoma

Law Enforcement Retirement System. The surviving spouse of more

than one member shall elect which member's benefits he or she will

receive.

E. Upon the death of a retired member, the benefit payment for

the month in which the retired member died, if not previously paid,

shall be made to the beneficiary of the member or to the member's

estate if there is no beneficiary. Such benefit payment shall be

made in an amount equal to a full monthly benefit payment regardless

of the day of the month in which the retired member died.

F. Upon the death of an unmarried firefighter, or a firefighter

whose spouse does not meet the qualifications of beneficiary who has

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one or more children, said child or children shall receive pension

benefits as provided in subsection B of this section as if the

surviving spouse had died; provided, that upon the death of the

firefighter, said child or children shall be entitled to have the

System pay to the child's or children'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 child, or if there is no trust, to the child's or

children's legally appointed guardian, the pension benefits as

provided in subsection B of this section in an amount not to exceed

one hundred percent (100%) of said pension. The money so paid to

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

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