Okla. Stat. tit. 47, § 47-2-306

A. Upon the death of a retired member or upon the death of any

member prior to retirement or other termination of covered

employment, a monthly pension shall be paid which shall be in an

amount as provided below:

1. If the member was not retired and death occurred as the

direct result of the performance of the member’s duties as an

officer, an amount:

a. equal to two and one-half percent (2 1/2%),

b. multiplied by:

(1) twenty (20) years of service, regardless of the

actual number of years of credited service

performed by the member prior to the date of

death if the member had performed less than

twenty (20) years of service, or

(2) the actual number of years of service performed

by the member if the member had performed twenty

(20) or more years of service,

c. multiplied by a final average salary equal to:

(1) the salary which the member would have received

pursuant to statutory salary schedules in effect

upon the date of death for twenty (20) years of

service if the member did not actually perform

twenty (20) years of service prior to death. The

final average salary for a member who performed

less than twenty (20) years of service prior to

death 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

death based upon twenty (20) years of service and

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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 death, 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

death, whichever final average salary amount

would be greater, or

(2) the actual final average salary of the member if

the member had performed twenty (20) or more

years of service prior to death; or

2. If the member was not retired and death occurred other than

as the direct result of the performance of the member’s duties as an

officer, an amount equal to the monthly payments which would have

been received by the member under subsection E of Section 2-305 of

this title had the member been totally disabled; or

3. If said member was retired for length of service, an amount

equal to the member’s monthly payments; or

4. If said member was receiving, or eligible to receive, a

disability benefit pursuant to subsection E or F of Section 2-305 of

this title, an amount equal to the member’s monthly payments

pursuant to subsection E or F of Section 2-305 of this title; or

5. If said member was receiving, or eligible to receive, a

disability benefit pursuant to subsection G of Section 2-305 of this

title, an amount equal to the member’s monthly payments pursuant to

subsection G of Section 2-305 of this title; or

6. If said member was retired for partial disability, an amount

equal to the monthly payments which would have been received by said

member had the member been totally disabled.

B. The pension provided for in subsection A of this section

shall be paid:

1. Except as provided in paragraph 4 of this subsection, to the

surviving spouse, provided the surviving spouse was married to the

member at the time of the member’s death, and continuously for the

thirty (30) months immediately preceding the member’s death,

provided a surviving spouse of a member who died while in, or as a

consequence of, the performance of the member’s duty for the

employer, shall not be subject to the thirty-month marriage

requirement for survivor benefits; or

2. If there is no surviving spouse or upon the death of a

spouse:

a. to the person having the care and custody of any

surviving child or children of said member for such
ovided a surviving spouse of a member who died while in, or as a

consequence of, the performance of the member’s duty for the

employer, shall not be subject to the thirty-month marriage

requirement for survivor benefits; or

2. If there is no surviving spouse or upon the death of a

spouse:

a. to the person having the care and custody of any

surviving child or children of said member for such

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time as such child or children are under the age of

eighteen (18) years, or

b. to the surviving child or children between the age of

eighteen (18) and 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;

3. If there is no surviving spouse or 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, to the

dependent parent or parents of said member, for life; or

4. In the event a surviving spouse remarried prior to June 7,

1993, and was a surviving spouse of a member who died while in, or

as a consequence of, the performance of the member’s duty for the

employer, the surviving spouse shall be eligible to receive the

pension benefits provided for in subsection A of this section.

To receive the pension benefits provided for in subsection A of

this section the surviving spouse falling within this paragraph

shall submit a written request for such benefits to the Oklahoma Law

Enforcement Retirement System. The Oklahoma Law Enforcement

Retirement System shall approve requests by surviving spouses

meeting the requirements of this paragraph. Upon approval by the

Oklahoma Law Enforcement Retirement System, the surviving spouse

shall be entitled to the pension benefits provided for in subsection

A of this section beginning from the date of approval forward.

Pension benefits provided to surviving spouses falling within this

paragraph shall not apply to alter any amount of pension benefits

paid or due prior to the Oklahoma Law Enforcement Retirement

System’s approval of the remarried surviving spouse’s written

request for benefits.

No surviving spouse shall receive benefits from this section,

Section 49-113 of Title 11 of the Oklahoma Statutes, or Section 50-

117 of Title 11 of the Oklahoma Statutes as the surviving spouse of

more than one member of the Oklahoma Firefighters Pension and

Retirement System, the Oklahoma Police Pension and Retirement

System, or the Oklahoma Law Enforcement Retirement System. The

surviving spouse of more than one member shall elect which member’s

benefits he or she will receive.

C. In addition to the pension above provided for, if said

member leaves a surviving spouse and 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 said Fund

for the support of each surviving child to the person having the

care and custody of such children during such time as said spouse

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remains alive and 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.

D. Upon the death of a retired member, the benefit payment for

the month in which the retired member died, if not previously paid,

shall be made to the beneficiary of the member or to the member’s

estate if there is no beneficiary. Such benefit payment shall be

made in an amount equal to a full monthly benefit payment regardless
ublic or private

school or any institution of higher education.

D. Upon the death of a retired member, the benefit payment for

the month in which the retired member died, if not previously paid,

shall be made to the beneficiary of the member or to the member’s

estate if there is no beneficiary. Such benefit payment shall be

made in an amount equal to a full monthly benefit payment regardless

of the day of the month in which the retired member died.