Okla. Stat. tit. 11, § 11-49-135
This is the official text of Okla. Stat. tit. 11, § 11-49-135, part of Oklahoma’s Stat. tit. 11, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 11,." Browse the sections below, each linked to its official government source.
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Employment of persons over forty-five prohibited -
Official statutory text
Exceptions – Reemployment – Volunteer services.
A. No person shall be employed in a fire department who has
reached the age of forty-five (45) years, unless it appears he or
she shall become eligible for retirement at the age of sixty-five
(65) years or unless he or she be retired from a municipal fire
department in this state. This section shall not apply to
professional engineers, or to persons employed as technical
specialists on a temporary basis. The Oklahoma Firefighters Pension
and Retirement Board shall be authorized to establish the maximum
age, within the limits herein prescribed, over which an applicant
may not be considered for initial employment, but no person shall be
prohibited from making application for reemployment and having such
reemployment application considered merely because of his or her
age, provided that such person be under the age of forty-five (45)
years, and provided further, that such reemployment shall be with
the consent of the fire chief of such municipality.
B. On or after November 1, 2015, a person who performs
volunteer services as a firefighter, who has attained the age of
forty-five (45) or more years as of the first date such volunteer
services are performed, for a municipality or a county shall not be
eligible to be a member of the Oklahoma Firefighters Pension and
Retirement System for any purpose, shall not be eligible for any
benefit payable by the System and shall not receive any form of
service credit from the System resulting from such volunteer
services. The person responsible for decisions regarding the
performance of firefighting services having jurisdiction, which in
the absence of any other requirement to the contrary shall be the
fire chief, shall make the final determination on applicants for
positions that would involve the performance of volunteer
firefighting services if the applicant is over the age of forty-five
(45) years based on local rules, regulations, ordinances, guidelines
and standard operating procedures.
C. Notwithstanding the requirements of subsections C and H of
Section 49-106.1 of this title to terminate employment with all
participating municipalities as a firefighter, a retired, paid
firefighter receiving an accrued retirement benefit pursuant to
Section 49-106 of this title may perform volunteer firefighting
services for a volunteer department pursuant to subsection B of this
section and continue to receive the member’s accrued retirement
benefit. A member performing services for a volunteer fire
department under this section shall not further accrue any years of
credited service during such period. Provided, that the pension
shall cease during any period of time the member may thereafter
serve for compensation in any municipal fire department in the
state; provided further, that no person shall perform any services
Oklahoma Statutes - Title 11. Cities and Towns Page 593
as a firefighter if such person is receiving disability benefits
pursuant to Section 49-109 of this title.
D. 1. Notwithstanding the requirements of subsections C and H
of Section 49-106.1 of this title, a retired volunteer firefighter
receiving the maximum allowable accrued retirement benefit pursuant
to Section 49-101 of this title may return to service as a volunteer
firefighter for a volunteer fire department pursuant to subsection B
of this section and continue to receive the member’s retirement
benefit. The retired volunteer firefighter shall not further accrue
any years of credited service during such period. Provided, the
benefit shall cease during any time period the retiree may
thereafter serve for compensation in any municipal fire department
in the state; provided further, no person shall perform any services
as a volunteer firefighter if such person is receiving disability
benefits pursuant to Section 49-109 of this title.
2. For the purposes of this subsection, “maximum allowable
h period. Provided, the
benefit shall cease during any time period the retiree may
thereafter serve for compensation in any municipal fire department
in the state; provided further, no person shall perform any services
as a volunteer firefighter if such person is receiving disability
benefits pursuant to Section 49-109 of this title.
2. For the purposes of this subsection, “maximum allowable
accrued retirement benefit” means a benefit calculated using thirty
(30) years of credited service pursuant to subsection A of Section
49-101 of this title. Provided, if the member has elected to
participate in the Oklahoma Firefighters Deferred Option Plan
pursuant to Section 49-106.1 of this title, credited service for
benefit calculation shall be calculated as of the date that the
member begins participation in the Plan, or the back drop date if
elected under subsection H of Section 49-106.1 of this title.
E. No person serving as a firefighter pursuant to this section
shall be eligible to serve as the fire chief. Pursuant to Section
49-100.1 of this title, the fire chief shall be an active member of
the System within a participating municipality of which he or she
serves as fire chief.
A. No person shall be employed in a fire department who has
reached the age of forty-five (45) years, unless it appears he or
she shall become eligible for retirement at the age of sixty-five
(65) years or unless he or she be retired from a municipal fire
department in this state. This section shall not apply to
professional engineers, or to persons employed as technical
specialists on a temporary basis. The Oklahoma Firefighters Pension
and Retirement Board shall be authorized to establish the maximum
age, within the limits herein prescribed, over which an applicant
may not be considered for initial employment, but no person shall be
prohibited from making application for reemployment and having such
reemployment application considered merely because of his or her
age, provided that such person be under the age of forty-five (45)
years, and provided further, that such reemployment shall be with
the consent of the fire chief of such municipality.
B. On or after November 1, 2015, a person who performs
volunteer services as a firefighter, who has attained the age of
forty-five (45) or more years as of the first date such volunteer
services are performed, for a municipality or a county shall not be
eligible to be a member of the Oklahoma Firefighters Pension and
Retirement System for any purpose, shall not be eligible for any
benefit payable by the System and shall not receive any form of
service credit from the System resulting from such volunteer
services. The person responsible for decisions regarding the
performance of firefighting services having jurisdiction, which in
the absence of any other requirement to the contrary shall be the
fire chief, shall make the final determination on applicants for
positions that would involve the performance of volunteer
firefighting services if the applicant is over the age of forty-five
(45) years based on local rules, regulations, ordinances, guidelines
and standard operating procedures.
C. Notwithstanding the requirements of subsections C and H of
Section 49-106.1 of this title to terminate employment with all
participating municipalities as a firefighter, a retired, paid
firefighter receiving an accrued retirement benefit pursuant to
Section 49-106 of this title may perform volunteer firefighting
services for a volunteer department pursuant to subsection B of this
section and continue to receive the member’s accrued retirement
benefit. A member performing services for a volunteer fire
department under this section shall not further accrue any years of
credited service during such period. Provided, that the pension
shall cease during any period of time the member may thereafter
serve for compensation in any municipal fire department in the
state; provided further, that no person shall perform any services
Oklahoma Statutes - Title 11. Cities and Towns Page 593
as a firefighter if such person is receiving disability benefits
pursuant to Section 49-109 of this title.
D. 1. Notwithstanding the requirements of subsections C and H
of Section 49-106.1 of this title, a retired volunteer firefighter
receiving the maximum allowable accrued retirement benefit pursuant
to Section 49-101 of this title may return to service as a volunteer
firefighter for a volunteer fire department pursuant to subsection B
of this section and continue to receive the member’s retirement
benefit. The retired volunteer firefighter shall not further accrue
any years of credited service during such period. Provided, the
benefit shall cease during any time period the retiree may
thereafter serve for compensation in any municipal fire department
in the state; provided further, no person shall perform any services
as a volunteer firefighter if such person is receiving disability
benefits pursuant to Section 49-109 of this title.
2. For the purposes of this subsection, “maximum allowable
h period. Provided, the
benefit shall cease during any time period the retiree may
thereafter serve for compensation in any municipal fire department
in the state; provided further, no person shall perform any services
as a volunteer firefighter if such person is receiving disability
benefits pursuant to Section 49-109 of this title.
2. For the purposes of this subsection, “maximum allowable
accrued retirement benefit” means a benefit calculated using thirty
(30) years of credited service pursuant to subsection A of Section
49-101 of this title. Provided, if the member has elected to
participate in the Oklahoma Firefighters Deferred Option Plan
pursuant to Section 49-106.1 of this title, credited service for
benefit calculation shall be calculated as of the date that the
member begins participation in the Plan, or the back drop date if
elected under subsection H of Section 49-106.1 of this title.
E. No person serving as a firefighter pursuant to this section
shall be eligible to serve as the fire chief. Pursuant to Section
49-100.1 of this title, the fire chief shall be an active member of
the System within a participating municipality of which he or she
serves as fire chief.
Status: in_force · Read it on the official government site
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