Okla. Stat. tit. 11, § 11-50-128

Oklahoma Statutes - Title 11. Cities and Towns Page 677

A. Any member who has heretofore left the Police Department

qualifying under this article to enter the military service of the

United States during World War II and who returned to said

department on or before July 1, 1947, or the Korean conflict and who

returned to said department on or before January 1, 1956, shall

receive credit for such time in military service without having made

contribution to the System; and any member who has heretofore left,

or hereafter may leave said department because of involuntary

conscription into the military services of the United States at any

time and who returns to said department within ninety (90) days

after the member's release from such involuntary service shall

receive credit for such time in said military service on the Police

Department without having made contribution to the System only for

that period that is involuntary; voluntary enlistments and voluntary

extensions of military service being herewith specifically excluded

for retirement credit.

B. A member who began participation in the System prior to July

1, 2003, and who retires 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 Police Pension and Retirement System. All members who

initially begin participation with the System after June 30, 2003,

may acquire prior military service credit for a maximum of five (5)

years of such service credit upon payment of the actuarial cost of

such service in the manner prescribed by and subject to all of the

requirements of Section 50-111.4 of this title. For members of the

System hired or rehired on or after July 1, 2003, if the military

service credit authorized by this subsection 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.

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, as a member

of the 45th Division,

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

referred to as World War II,

Oklahoma Statutes - Title 11. Cities and Towns Page 678

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
tes - Title 11. Cities and Towns Page 678

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.

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

shall include only those persons who shall have served during the

times or in the areas prescribed thereunder 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 B 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 B 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.

Oklahoma Statutes - Title 11. Cities and Towns Page 679

D. Effective December 12, 1994, a leave of absence on account

of a period of "qualified military service" in the uniformed

services of the United States (within the meaning of Section

414(u)(5) of the Internal Revenue Code of 1986), followed by a

return to the service of the participating municipality within

ninety (90) days after the completion of the period of service,

shall constitute credited service. 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). The

municipality's contributions to the System for a member covered by

USERRA are due when such a member makes up his or her contributions

that were missed due to his or her qualified military service; 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
e

municipality's contributions to the System for a member covered by

USERRA are due when such a member makes up his or her contributions

that were missed due to his or her qualified military service; 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

benefit 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.

E. Any member who served in any branch of the United States

Armed Forces or any component thereof, who was honorably discharged,

and who began participation in the System on or after November 1,

2022, shall be entitled to prior service credit, not to exceed five

(5) years, upon payment of the actuarial cost of such service in the

manner prescribed by and subject to all of the requirements of

Section 50-111.4 of this title. For purposes of this subsection,

"military service" means service in the Armed Forces of the United

States by honorably discharged persons.