Okla. Stat. tit. 11, § 11-49-138

A. Any member of a regularly constituted fire department of any

municipality who is now serving or may hereafter serve in the Armed

Forces of the United States whether such service is voluntary or

involuntary, who shall have been a member of such fire department at

the time of entering such service, shall be entitled to have the

whole of the time of such service applied under the provisions of

Section 49-106 of this title, so far as the same applies to a

service pension; provided further, that the municipality shall

continue its payment into said pension fund, to the same force and

effect as though the member were in the actual service of such fire

department; provided, that any person who is eligible for such

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service but who shall have volunteered for military or naval service

for a period not to exceed five (5) years shall likewise be entitled

to all of the benefits of Sections 49-138 through 49-142 of this

title for the full period of such service or enlistment; provided

further, that only one such period of voluntary service shall be

considered hereunder. If such person shall reenlist, unless

required to do so by law, such person shall not thereafter be

entitled to the provisions of this subsection. The provisions of

this subsection shall not apply where any such person dies during

the period of said service or enlistment, and shall not entitle the

surviving spouse or children to any benefits, and shall not apply to

any member who shall have served on active duty (including initial

active duty) for training purposes only and/or inactive duty

training.

B. Effective February 1, 1997, credited service received

pursuant to this section or credited service for wartime military

service received as otherwise provided by law shall be used in

determining the member's retirement benefit but shall not be used in

determining years of service for retirement, vesting purposes or

eligibility for participation in the Oklahoma Firefighters Deferred

Option Plan. For a member of the System hired on or after July 1,

2003, if the military service credit authorized by this section is

used to compute the retirement benefit of the member and the member

retires from the System, such military service credit shall not be

used to compute the retirement benefit in any other retirement

system created pursuant to the Oklahoma Statutes and the member may

receive credit for such service only in the retirement system from

which the member first retires.

C. A member who retires or elects to participate in the

Oklahoma Firefighters Deferred Option Plan on or after July 1, 1998,

shall be entitled to prior service credit, not to exceed five (5)

years, for those periods of military service on active duty prior to

membership in the Oklahoma Firefighters Pension and Retirement

System.

For purposes of this subsection, "military service" means

service in the Armed Forces of the United States by honorably

discharged persons during the following time periods, as reflected

on such person's Defense Department Form 214, as follows:

1. During the following periods, including the beginning and

ending dates, and only for the periods served, from:

a. April 6, 1917, to November 11, 1918, commonly referred

to as World War I,

b. September 16, 1940, to December 7, 1941, for members

of the 45th Division,

c. December 7, 1941, to December 31, 1946, commonly

referred to as World War II,

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d. June 27, 1950, to January 31, 1955, commonly referred

to as the Korean Conflict or the Korean War,

e. February 28, 1961, to May 7, 1975, commonly referred

to as the Vietnam era, except that:

(1) for the period from February 28, 1961, to August

4, 1964, military service shall only include

service in the Republic of Vietnam during that

period, and
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d. June 27, 1950, to January 31, 1955, commonly referred

to as the Korean Conflict or the Korean War,

e. February 28, 1961, to May 7, 1975, commonly referred

to as the Vietnam era, except that:

(1) for the period from February 28, 1961, to August

4, 1964, military service shall only include

service in the Republic of Vietnam during that

period, and

(2) for purposes of determining eligibility for

education and training benefits, such period

shall end on December 31, 1976, or

f. August 1, 1990, to December 31, 1991, commonly

referred to as the Gulf War, the Persian Gulf War, or

Operation Desert Storm, but excluding any person who

served on active duty for training only, unless

discharged from such active duty for a service-

connected disability;

2. During a period of war or combat military operation other

than a conflict, war or era listed in paragraph 1 of this

subsection, beginning on the date of Congressional authorization,

Congressional resolution, or Executive Order of the President of the

United States, for the use of the Armed Forces of the United States

in a war or combat military operation, if such war or combat

military operation lasted for a period of ninety (90) days or more,

for a person who served, and only for the period served, in the area

of responsibility of the war or combat military operation, but

excluding a person who served on active duty for training only,

unless discharged from such active duty for a service-connected

disability, and provided that the burden of proof of military

service during this period shall be with the member, who must

present appropriate documentation establishing such service.

D. An eligible member pursuant to subsection C of this section

shall include only those persons who shall have served during the

times or in the areas prescribed in subsection C of this section,

and only if such person provides appropriate documentation in such

time and manner as required by the System to establish such military

service prescribed in this section, or for service pursuant to

division (1) of subparagraph e of paragraph 1 of subsection C of

this section, those persons who were awarded service medals, as

authorized by the United States Department of Defense as reflected

in the veteran's Defense Department Form 214, related to the Vietnam

Conflict for service prior to August 5, 1964. The provisions of

subsection C of this section shall include military retirees, whose

retirement was based only on active service, that have been rated as

having twenty percent (20%) or greater service-connected disability

by the Veterans Administration or the Armed Forces of the United

States. The provisions of subsection C of this section shall not

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apply to any person who shall have served on active duty for

training purposes only unless discharged from active duty for a

service-connected disability.

E. A member of the System who served in the Armed Forces of the

United States, or any component thereof, who was honorably

discharged from full-time active military service prior to becoming

a member of the System and whose full-time active duty military

service does not otherwise meet the qualifications for prior service

credit pursuant to subsections B through D of this section may

purchase up to five (5) years of full-time active duty military

prior service credit at the actuarial cost of service credit as

determined by the Oklahoma Firefighters Pension and Retirement

System Board, pursuant to Section 7 of this act.

The service credit provided by this subsection shall be

administered pursuant to subsections B through D of this section,

including, but not limited to, only full-time active duty military

service not for training-only purposes, unless discharged from

active duty for a service-connected disability, as reflected on the
rs Pension and Retirement

System Board, pursuant to Section 7 of this act.

The service credit provided by this subsection shall be

administered pursuant to subsections B through D of this section,

including, but not limited to, only full-time active duty military

service not for training-only purposes, unless discharged from

active duty for a service-connected disability, as reflected on the

member's Defense Department Form 214, shall be considered for prior

service credit, and such prior service credit shall only be used in

determining the member's retirement benefit but shall not be used in

determining years of service for retirement, vesting purposes, or

eligibility for participation in the Oklahoma Firefighters Deferred

Option Plan.

F. Notwithstanding any provision herein to the contrary:

1. Contributions, benefits and service credit with respect to

qualified military service shall be provided in accordance with

Section 414(u) of the Internal Revenue Code of 1986, as amended,

which is in accordance with the Uniformed Services Employment and

Reemployment Rights Act of 1994, as amended (USERRA); and

2. Effective January 1, 2007, if any member dies while

performing qualified military service (as defined in Section 414(u)

of the Internal Revenue Code of 1986, as amended), the survivors of

the member are entitled to any additional benefits (other than

benefits accruals relating to the period of qualified military

service) provided under the System had the member resumed and then

terminated employment on account of death.

G. Members or beneficiaries shall make application to the

System for credited service related to wartime military service.

Interest on additional benefits related to wartime military service

owed by the System to a retired member or beneficiary as provided by

law shall cease accruing one (1) year after the effective date the

additional benefits are payable by the System or July 1, 2000,

whichever is later, if the member has not applied to the System for

credited service related to such wartime military service.

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H. The purchase of prior military service credit pursuant to

subsections B, C, D, and G shall not, in the aggregate, exceed five

(5) years of service credit.