Okla. Stat. tit. 47, § 47-2-305

Disability benefits.

A. Except as otherwise provided in this title, at any time

after attaining normal retirement date, any member of the Oklahoma

Law Enforcement Retirement System upon application for unreduced

retirement benefits made and approved, may retire, and, during the

remainder of the member’s lifetime, receive annual retirement pay,

payable in equal monthly payments, equal to two and one-half percent

(2 1/2%) of the final average salary times years of credited

service. If such retired member is reemployed by a state agency in

a position which is not covered by the System, such retired member

shall continue to receive in-service distributions from the System.

Prior to September 19, 2002, if such retired member was reemployed

by a state agency in a position which is covered by the System, such

member shall continue to receive in-service distributions from the

System and shall not accrue any further credited service. If such a

member is reemployed by a state agency in a position which is

covered by the System on or after September 19, 2002, such member’s

monthly retirement payments shall be suspended until such member

retires and is not reemployed by a state agency in a position which

is covered by the System.

B. Beginning July 1, 1994, members who retired or were eligible

to retire prior to July 1, 1980, or their surviving spouses shall

receive annual retirement pay, payable in equal monthly payments,

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equal to the greater of their current retirement pay, or two and

one-half percent (2 1/2%) of the actual paid gross salary being

currently paid to a highway patrol officer, at the time each such

monthly retirement payment is made, multiplied by the retired

member’s years of credited service.

C. Except as otherwise provided by this subsection, members of

the System whose salary is set by statute who have retired after

completion of the mandatory twenty (20) years of service, and those

members with statutory salaries who retire after reaching the

mandatory twenty-year retirement shall receive an annual retirement

pay, payable in equal monthly installments, based upon the greater

of either:

1. The top base salary currently paid to the highest

nonsupervisory position in the participating agency at the time each

such monthly retirement payment is made, limited to the annual

salary limit of the Economic Growth and Tax Relief Reconciliation

Act of 2001, as described in paragraph 9 of Section 2-300 of this

title, multiplied by two and one-half percent (2 1/2%), multiplied

by the number of years of credited service and fraction thereof for

the following positions:

a. Oklahoma Highway Patrolman,

b. Communications Dispatcher,

c. Capitol Patrolman,

d. Lake Patrolman, and

e. Oklahoma State Bureau of Investigation - Special Agent

or Criminalist; or

2. The member’s final average salary as set forth in paragraph

9 of Section 2-300 of this title, multiplied by two and one-half

percent (2 1/2%), and multiplied by the number of years of credited

service and fraction thereof.

No member of the System retired prior to July 1, 2002, shall

receive a benefit less than the amount the member is receiving as of

June 30, 2002.

The provisions of paragraph 1 of this subsection shall not be

applicable to any member whose first participating service with the

System occurs on or after November 1, 2012, except for those members

who died in the performance of their duties pursuant to Section 2-

306 of this title.

D. Other members of the System whose retirement benefit is not

otherwise prescribed by this section who have retired after

completion of the mandatory twenty (20) years of service, and those

members who retire after reaching the mandatory twenty-year

retirement shall receive an annual retirement pay, payable in equal

monthly payments, based upon the greater of either:

1. The actual average salary currently paid to the highest
e retirement benefit is not

otherwise prescribed by this section who have retired after

completion of the mandatory twenty (20) years of service, and those

members who retire after reaching the mandatory twenty-year

retirement shall receive an annual retirement pay, payable in equal

monthly payments, based upon the greater of either:

1. The actual average salary currently paid to the highest

nonsupervisory position in the participating agency at the time each

such monthly payment is made, limited to the annual salary limit of

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the Economic Growth and Tax Relief Reconciliation Act of 2001, as

described in paragraph 9 of Section 2-300 of this title, multiplied

by two and one-half percent (2 1/2%), multiplied by the number of

years of credited service and fraction thereof for the following

positions:

a. Alcoholic Beverage Laws Enforcement Commission - ABLE

Commission Agent III,

b. Oklahoma State Bureau of Narcotics and Dangerous Drugs

Control - Narcotics Agent III,

c. Oklahoma Tourism and Recreation Department - Park

Ranger II,

d. State Board of Pharmacy - Pharmacy Inspector,

e. University of Oklahoma - Police Officer, and

f. Oklahoma State University - Police Officer; or

2. The other member’s final average salary as set forth in

paragraph 9 of Section 2-300 of this title, multiplied by two and

one-half percent (2 1/2%), multiplied by the number of years of

credited service and fraction thereof.

No member of the System retired prior to July 1, 2002, shall

receive a benefit less than the amount the member is receiving as of

June 30, 2002. The participating employer must certify to the

System in writing the actual average gross salary currently paid to

the highest nonsupervisory position. The Board of Trustees shall

promulgate such rules as are necessary to implement the provisions

of this section.

The provisions of paragraph 1 of this subsection shall not be

applicable to any member whose first participating service with the

System occurs on or after May 24, 2013, except for those members who

died in the performance of their duties pursuant to Section 2-306 of

this title.

E. A member who meets the definition of disability as defined

in paragraph 11 of Section 2-300 of this title by direct reason of

the performance of the member’s duties as an officer shall receive a

monthly benefit equal to:

1. Two and one-half percent (2 1/2%);

2. Multiplied by:

a. twenty (20) years of credited service, if the member

had performed less than twenty (20) years of credited

service, notwithstanding the actual number of years of

credited service performed by the member prior to the

date of disability, or

b. the actual number of years of credited service and

fraction thereof performed by the member prior to the

date of disability, if the member had performed twenty

(20) or more years of credited service;

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3. Multiplied by the greater of subparagraph a of this

paragraph and division 1 of subparagraph b of this paragraph or

division 2 of subparagraph b of this paragraph, as applicable:

a. the final average salary of the member, as set forth

in paragraph 9 of Section 2-300 of this title, and

b. (1) the top base salary currently paid to the highest

nonsupervisory position in the participating

agency of the member at the time each monthly

payment is made, limited to the annual salary

limit of the Economic Growth and Tax Relief

Reconciliation Act of 2001 described in paragraph

9 of Section 2-300 of this title, for the

following positions:

(a) Oklahoma Highway Patrolman,

(b) Communications Dispatcher,

(c) Capitol Patrolman,

(d) Lake Patrolman, and
y position in the participating

agency of the member at the time each monthly

payment is made, limited to the annual salary

limit of the Economic Growth and Tax Relief

Reconciliation Act of 2001 described in paragraph

9 of Section 2-300 of this title, for the

following positions:

(a) Oklahoma Highway Patrolman,

(b) Communications Dispatcher,

(c) Capitol Patrolman,

(d) Lake Patrolman, and

(e) Oklahoma State Bureau of Investigation -

Special Agent or Criminalist,

Provided, the participating employer must certify to the System

in writing the top base salary currently paid to the highest

nonsupervisory position for division (1) of subparagraph b of this

paragraph, or

(2) the actual average salary currently paid to the

highest nonsupervisory position in the

participating agency of the member at the time

each monthly payment is made, limited to the

annual salary limit of the Economic Growth and

Tax Relief Reconciliation Act of 2001, described

in paragraph 9 of Section 2-300 of this title,

for the following positions:

(a) Alcoholic Beverage Laws Enforcement (ABLE)

Commission - ABLE Commission Agent III,

(b) Oklahoma State Bureau of Narcotics and

Dangerous Drugs Control - Narcotics Agent

III,

(c) Oklahoma Tourism and Recreation Department -

Park Ranger II,

(d) State Board of Pharmacy - Pharmacy

Inspector,

(e) University of Oklahoma - Police Officer, and

(f) Oklahoma State University - Police Officer,

Provided, the participating employer must certify to the System

in writing the actual average gross salary currently paid to the

highest nonsupervisory position for division (2) of subparagraph b

of this paragraph;

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4. No member of the System receiving benefits prescribed by

this subsection who retired prior to July 1, 2002, shall receive a

benefit of less than the amount the member was receiving as of June

30, 2002;

5. The Board of Trustees shall promulgate rules as necessary to

implement the provisions of this subsection; and

6. If such member participates in the Oklahoma Law Enforcement

Deferred Option Plan pursuant to Section 2-305.2 of this title, then

such member’s disability pension provided pursuant to this

subsection shall be reduced to account for such member’s

participation in the Oklahoma Law Enforcement Deferred Option Plan.

F. A member who meets the definition of disability as defined

in paragraph 11 of Section 2-300 of this title and whose disability

is by means of personal and traumatic injury of a catastrophic

nature and in the line of duty, shall receive a monthly benefit

equal to:

1. Two and one-half percent (2 1/2%);

2. Multiplied by:

a. twenty (20) years of service, regardless of the actual

number of years of credited service performed by the

member prior to the date of disability, if the member

had performed less than twenty (20) years of service,

or

b. the actual number of years of service performed by the

member if the member had performed twenty (20) or more

years of service;

3. Multiplied by a final average salary equal to:

a. the salary which the member would have received

pursuant to statutory salary schedules in effect upon

the date of the disability for twenty (20) years of

service prior to disability. The final average salary

for a member who performed less than twenty (20) years

of service prior to disability shall be computed

assuming that the member was paid the highest salary

allowable pursuant to the law in effect at the time of

the member’s disability based upon twenty (20) years

of service and with an assumption that the member was

eligible for any and all increases in pay based upon

rank during the entire period. If the salary of a

member is not prescribed by a specific salary schedule

upon the date of the member’s disability, the final

average salary for the member shall be computed by the

member’s actual final average salary or the highest
upon twenty (20) years

of service and with an assumption that the member was

eligible for any and all increases in pay based upon

rank during the entire period. If the salary of a

member is not prescribed by a specific salary schedule

upon the date of the member’s disability, the final

average salary for the member shall be computed by the

member’s actual final average salary or the highest

median salary amount for a member whose salary was

prescribed by a specific salary schedule upon the date

of the member’s disability, whichever final average

salary amount would be greater, or

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b. the actual final average salary of the member if the

member had performed twenty (20) or more years of

service prior to disability.

If such member participates in the Oklahoma Law Enforcement

Deferred Option Plan pursuant to Section 2-305.2 of this title, such

member’s disability pension provided pursuant to this subsection

shall be adjusted as provided in Section 2-305.2 of this title to

account for such member’s participation in the Oklahoma Law

Enforcement Deferred Option Plan.

G. A member who meets the definition of disability as defined

in Section 2-300 of this title and whose disability occurred prior

to the member’s normal retirement date but after completing three

(3) years of vesting service and not by reason of the performance of

the member’s duties or as a result of the member’s willful

negligence shall receive a monthly benefit equal to two and one-half

percent (2 1/2%) of final average salary multiplied by the number of

years of the member’s credited service.

H. Payment of a disability pension shall commence as of the

first day of the month coinciding or next following the date of

retirement and shall continue as long as the member meets the

definition of total and permanent disability provided in this

section.

I. For the purpose of determining the member’s disability under

subsection E, F or G of this section, the member shall be required

by the Board to be examined by a minimum of two recognized

physicians selected by the Board to determine the extent of the

member’s injury or illness. The examining physicians shall furnish

the Board a detailed written report of the injury or illness of the

examined member establishing the extent of disability and the

possibilities of the disabled member being returned to his or her

regular duties or an alternate occupation or service covered by the

System after a normal recuperation period. The Board shall require

all retired disabled members who have not attained their normal

retirement date to submit to a physical examination once each year

for a minimum of three (3) years following retirement. The Board

shall select a minimum of two physicians to examine the retired

members and pay for their services from the fund. Any retired

disabled member found no longer disabled by the examining physicians

to perform the occupation of the member or an alternate occupation

or service covered by the System shall be required to return to duty

and complete twenty (20) years of service as provided in subsection

A of this section, or forfeit all his or her rights and claims under

Section 2-300 et seq. of this title.

J. The disability benefit under this section shall be for the

lifetime of the member unless such member is found no longer

disabled pursuant to subsection I of this section. Such member

shall not be entitled to the retirement benefit pursuant to

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subsection A of this section unless such member returns to active

duty and is eligible for a retirement benefit as provided in

subsection A of this section.

K. At the postoffer, preemployment physical examination

required under paragraph 6 of Section 2-300 of this title, the

physician selected by the Board shall determine the extent to which
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subsection A of this section unless such member returns to active

duty and is eligible for a retirement benefit as provided in

subsection A of this section.

K. At the postoffer, preemployment physical examination

required under paragraph 6 of Section 2-300 of this title, the

physician selected by the Board shall determine the extent to which

a new member is disabled. If a member is determined to be partially

disabled, the physician shall assign a percentage of disability to

such partial disability. If such member then becomes entitled to a

disability benefit under either subsection E or subsection G of this

section, the benefit payable shall be reduced by the percentage

which such member was determined to be disabled at the postoffer,

preemployment physical unless the Board makes a determination that

the initially determined percentage of disability at the

preemployment physical examination is unrelated to the reason for

the disability currently sought pursuant to subsection E or

subsection G of this section. Upon employment, the member shall

disclose to the Board any disability payments received from any

source. The amount of disability to be paid to any member cannot

exceed one hundred percent (100%) disability from all sources. The

provisions of this subsection shall apply only to members whose

effective date of membership is on or after July 1, 2000.

L. In addition to the pension provided for under subsection F

of this section, if the member has one or more children under the

age of eighteen (18) years or under the age of twenty-two (22) years

if the child is enrolled full-time in and is regularly attending a

public or private school or any institution of higher education,

Four Hundred Dollars ($400.00) a month shall be paid from the Fund

for the support of each surviving child to the member or person

having the care and custody of such children until each child

reaches the age of eighteen (18) years or reaches the age of twenty-

two (22) years if the child is enrolled full-time in and is

regularly attending a public or private school or any institution of

higher education.

M. Notwithstanding any other provisions in Section 2-300

through 2-315 of this title, in order to be eligible to receive

disability benefits, a member who meets the definition of disability

as defined in paragraph 11 of Section 2-300 of this title shall file

the member’s completed application for disability benefits with the

System before such member’s date of termination from service and

provide such additional information that the System’s rules require

within six (6) months of the System’s receipt of such application.

If the member’s completed application for disability benefits is not

filed with the System before the member’s date of termination from

service or such additional information as is required under the

System’s rules is not provided within six (6) months of the System’s

receipt of such application, such member shall be eligible only for

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such other benefits as are available to members of the System and

shall not be eligible to receive any disability benefits. For good

cause shown, the Board of Trustees may waive the requirement that

the disability application be filed before the member’s date of

termination from service. In no event shall a member be eligible to

receive any disability benefit if the member’s completed application

is filed more than six (6) months after the member’s date of

termination from service.

N. If the requirements of Section 2-305.1C of this title are

satisfied, a member who, by reason of disability or attainment of

normal retirement date or age, is separated from service as a public

safety officer with the member’s participating employer may elect to

have payment made directly to the provider for qualified health
x (6) months after the member’s date of

termination from service.

N. If the requirements of Section 2-305.1C of this title are

satisfied, a member who, by reason of disability or attainment of

normal retirement date or age, is separated from service as a public

safety officer with the member’s participating employer may elect to

have payment made directly to the provider for qualified health

insurance premiums by deduction from his or her monthly disability

benefit or monthly retirement payment, after December 31, 2006, in

accordance with Section 402(l) of the Internal Revenue Code of 1986,

as amended. For distributions made after December 29, 2022, the

election provided for under Section 402(l) of the Internal Revenue

Code of 1986, as amended, may be made whether payment of the

premiums is made directly to the provider of the accident or health

plan or qualified long-term care insurance contract by deduction

from a distribution from the System or is made to the member.