Okla. Stat. tit. 20, § 20-1102A

Determination of benefits.

A. Any Justice or judge of the Supreme Court, Court of Criminal

Appeals, Court of Appeals, Workers’ Compensation Court or district

court who has reached the age of fifty-five (55) years and has

served as Justice or judge of any of the named courts in the State

of Oklahoma for a period of fifteen (15) continuous years or longer,

next preceding application for disability retirement, may receive as

retirement disability compensation a maximum monthly benefit in an

amount equal to four percent (4%) of the average monthly salary

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received by the member when the member served as a Justice or judge

based on the last three (3) years of active service multiplied by

the total number of years of service on the named courts. But in no

event may such retirement disability of a Justice or judge who

incurs a disability before July 1, 2004, exceed seventy percent

(70%) or one hundred percent (100%), for a Justice or judge who

incurs a disability after June 30, 2004, of the average monthly

salary based on the highest three (3) years of active service and

found applicable to such Justice or judge at the time of retirement,

when such Justice or judge is ordered to retire from office with

compensation by the Court on the Judiciary for the reason of

physical disability preventing the proper performance of official

duty. The decree of the Court on the Judiciary shall set forth the

amount of compensation the Justice or judge so retired shall

receive, which compensation shall be payable out of the State

Judicial Retirement Fund. The only optional form of benefit payment

available for disability benefits is Option A, as provided for in

Section 3 of this act. Option A must be elected in accordance with

the provisions of Section 3 of this act. Benefit payments shall

cease upon the member's recovery from disability prior to the normal

retirement date. Future benefits, if any, shall be paid based upon

length of service and compensation as of the date of disability. In

the event that disability ceases and the member returns to

employment within the System, credited service to the date of

disability shall be restored, and future benefits shall be

determined accordingly.

B. For members of the System who are married on September 1,

2005, and who are still making the additional three percent (3%)

surviving spouse contributions as of that date, the surviving spouse

benefit shall be as follows:

1. The surviving spouse of a deceased Justice or judge having

at least eight (8) years of service shall be entitled to receive

survivor benefits in the amount herein prescribed, if married to the

decedent ninety (90) days prior to the termination of the member’s

employment as a Justice or judge and has been so married to the

member continuously for a period of at least three (3) years

immediately preceding his death, provided that the required

additional contributions are made;

2. Survivor benefits shall be payable in accordance with

Section 1001 et seq. of this title if the surviving spouse has then

attained the age of sixty (60) years or, if then under such age,

immediately upon his attainment of that age or if the surviving

spouse is disabled or when the deceased member served for a minimum

of ten (10) years and the Workers’ Compensation Court determines

that the death arose out of and in the course of employment or when

the deceased member would have met the requirements for retirement,

whichever occurs first;

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3. The amount of the benefits the surviving spouse may receive

shall be as follows:

a. fifty percent (50%) of the amount of benefits the

deceased Justice or judge was receiving immediately

prior to the member’s death, or

b. fifty percent (50%) of the amount the deceased Justice

or judge would have been entitled to receive on the

date of the member’s death, the annual rate of such
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3. The amount of the benefits the surviving spouse may receive

shall be as follows:

a. fifty percent (50%) of the amount of benefits the

deceased Justice or judge was receiving immediately

prior to the member’s death, or

b. fifty percent (50%) of the amount the deceased Justice

or judge would have been entitled to receive on the

date of the member’s death, the annual rate of such

benefits to be determined without regard to whether

the deceased Justice or judge had attained minimum

retirement age at the time of the member’s death, and

c. such additional amounts as the surviving spouse is

eligible for in accordance with Section 1103A of this

title; or

4. In lieu of the benefits and provisions provided in

paragraphs 1, 2, and 3, of this subsection, the members described in

this subsection may elect upon retirement an Option A or B as

provided in Section 3 of this act.

C. Members who are single as of September 1, 2005, and who made

the additional three percent (3%) spousal contribution at any time

prior to that date, may apply to receive a refund or transfer of

such additional contributions and an unreduced retirement benefit.

To receive this refund, the qualifying member must file an

application for the refund with the System by December 1, 2005. The

applicable contributions shall be transferred pursuant to this

subsection and the procedures established by the Board. It is the

intent of the Legislature that the excess contributions which were

paid on a pretax basis and considered as picked up under the

provisions of Section 414(h)(2) of the Internal Revenue Code of 1986

shall be transferred directly to an account established for the

employee in the Oklahoma State Employees Deferred Savings Incentive

Plan, created under 401 (a) of the Internal Revenue Code of 1986.

The excess contributions which were paid on an after-tax basis and

not considered picked up under the provisions of Section 414(h)(2)

of the Internal Revenue Code of 1986 shall be transferred to the

Deferred Compensation Plan created under 457 of the Internal Revenue

Code of 1986. The provisions for refund or transfer contained in

this subsection shall not take effect until the Board receives

official written notice that this distribution satisfies the tax

qualification requirements for governmental plans applicable to such

refunds or transfers as specified in the Internal Revenue Code of

1986, as amended from time to time, and as applicable to

governmental plans and the relevant regulatory provisions and

guidance related thereto. The application and receipt of a refund

under this subsection shall operate as an irrevocable waiver of any

survivor benefit available under this act. In lieu of receiving a

refund of contributions the member may elect at retirement to have a

Oklahoma Statutes - Title 20. Courts Page 425

survivor option as provided in Section 3 of this act with a reduced

benefit. The Board of Trustees of the Uniform Retirement System for

Justices and Judges shall promulgate any rules necessary to

implement the provisions of this subsection.

D. Single members at the time of retirement who never made the

additional three percent (3%) spousal contribution, as provided in

Section 1103 of this title, shall receive an unreduced retirement

benefit or may elect at retirement to have a survivor option as

provided in Section 3 of this act with a reduced benefit. The Board

of Trustees of the Uniform Retirement System for Justices and Judges

shall promulgate any rules necessary to implement the provisions of

this subsection.

E. Members who are married as of September 1, 2005, but who are

not paying the additional three percent (3%) surviving spousal

contribution as a result of waiver and consent of the spouse, shall

be eligible for a survivor option as provided in Section 3 of this

act.

F. Members who join the system after August 31, 2005, shall be
rules necessary to implement the provisions of

this subsection.

E. Members who are married as of September 1, 2005, but who are

not paying the additional three percent (3%) surviving spousal

contribution as a result of waiver and consent of the spouse, shall

be eligible for a survivor option as provided in Section 3 of this

act.

F. Members who join the system after August 31, 2005, shall be

eligible for a survivor option as provided in Section 3 of this act.

G. Any Justice, judge or surviving spouse meeting the

requirements for disability retirement benefits as provided in this

section may make application to the Court on the Judiciary for a

determination of disability retirement benefits. The Justice, judge

or surviving spouse making application shall be required by the

Court on the Judiciary to be examined by two recognized physicians

selected by the Court to determine the extent of disability of such

applicant. The examining physicians shall furnish the Court a

detailed written report of the disability of the examined applicant.

The Court shall then determine whether the applicant, if the member

is a Justice or judge, has a disability preventing the proper

performance of the member’s official duties. If the applicant is a

surviving spouse the court shall determine whether such surviving

spouse is disabled. If the Court determines that the applicant is

disabled, the Court shall order disability retirement benefits as

provided by this section. The Court shall require all persons

receiving disability benefits to submit to a physical examination

once each year for the three (3) years following the start of

disability benefits. The Court shall select two physicians to

examine such persons and if they are found no longer disabled by the

examining physicians the Court shall terminate such disability

benefits. The Justice, judge or surviving spouse shall then be

entitled to receive such other benefits as they may be entitled to

by law.