Okla. Stat. tit. 70, § 70-17-105

This is the official text of Okla. Stat. tit. 70, § 70-17-105, part of Oklahoma’s Stat. tit. 70, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 70,." Browse the sections below, each linked to its official government source.

Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.

Retirement

Official statutory text

A. 1. Any member who has attained age fifty-five (55) or who

has completed thirty (30) years of creditable service, as defined in

Section 17-101 of this title, or for any person who initially became

a member prior to July 1, 1992, regardless of whether there were

breaks in service after July 1, 1992, whose age and number of years

of creditable service total eighty (80) may be retired upon proper

application for retirement as established by the Teachers’

Retirement System of Oklahoma. Such a retirement date will also

apply to any person who became a member of the sending system as

defined in Section 17-116.2 of this title, prior to July 1, 1992,

regardless of whether there were breaks in service after July 1,

1992. Any person who became a member after June 30, 1992, but prior

to November 1, 2011, whose age and number of years of creditable

service total ninety (90) may be retired upon proper application for

retirement as established by the System. Any person who becomes a

member on or after November 1, 2011, who attains the age of sixty-

five (65) years or who reaches a normal retirement date pursuant to

subparagraph d of paragraph 22 of Section 17-101 of this title

having attained a minimum age of sixty (60) years may be retired

upon proper application for retirement as established by the System.

The application shall be filed with the System in a manner required

by the Board of Trustees.

Oklahoma Statutes - Title 70. Schools Page 724

2. The employer shall provide the System with the following

information for a retiring member, no later than the fifteenth day

of the month of retirement: last day physically on the job; last

day on payroll; any regular compensation not already reported to the

System; and final unused sick leave balance.

3. Failure to submit this information by the deadline, or

errors in submitted information that result in a disqualification of

retirement eligibility, shall be the responsibility of the employer.

In cases where the error results in disqualification of retirement

eligibility, it is the employer’s responsibility to reemploy the

member, or retain the member on the payroll, for the time period

required to reach eligibility, not exceeding two (2) months.

B. An individual who becomes a member of the Teachers’

Retirement System of Oklahoma after July 1, 1967, through October

31, 2017, shall be employed by the public schools, state colleges,

or universities of Oklahoma for a minimum of five (5) years and be a

contributing member of the Teachers’ Retirement System of Oklahoma

for a minimum of five (5) years to qualify for monthly retirement

benefits from the Teachers’ Retirement System of Oklahoma.

An individual who becomes a member of the Teachers’ Retirement

System of Oklahoma on or after November 1, 2017, shall be employed

by the public schools, state colleges or universities of Oklahoma

for a minimum of seven (7) years and be a contributing member of the

Teachers’ Retirement System of Oklahoma for a minimum of seven (7)

years to qualify for monthly retirement benefits from the Teachers’

Retirement System of Oklahoma.

C. Individuals becoming members after July 1, 1967, through

October 31, 2017, with five (5) or more years of Oklahoma service

and whose accumulated contributions during such period have not been

withdrawn shall be given an indefinite extension of membership

beginning with the sixth year following the member’s last

contributing membership.

Individuals becoming members on or after November 1, 2017, with

seven (7) or more years of Oklahoma service and whose accumulated

contributions during such period have not been withdrawn shall be

given an indefinite extension of membership beginning with the

eighth year following the member’s last contributing membership.

D. Nonclassified optional personnel who have retired or who

retire at sixty-two (62) years of age or older or whose retirement
7, with

seven (7) or more years of Oklahoma service and whose accumulated

contributions during such period have not been withdrawn shall be

given an indefinite extension of membership beginning with the

eighth year following the member’s last contributing membership.

D. Nonclassified optional personnel who have retired or who

retire at sixty-two (62) years of age or older or whose retirement

is because of disability shall have minimum retirement benefits

calculated on an average salary of Five Thousand Three Hundred Fifty

Dollars ($5,350.00) or, if a larger monthly allowance would result,

an amount arrived at pursuant to application of the formula

prescribed herein.

E. No member shall receive a lesser retirement benefit than the

member would have received under the law in effect at the time the

member retired. Any individual under the Teachers’ Retirement

Oklahoma Statutes - Title 70. Schools Page 725

System of Oklahoma, who through error in stating the title of the

position which the member held, may, at the discretion of the Board

of Trustees, be changed from the nonclassified optional group to the

classified group for the purpose of calculating retirement benefits.

F. The value of each year of prior service is the total monthly

retirement benefit divided by the number of years of creditable

service.

G. Upon application of a member who is actively engaged in

teaching in Oklahoma or upon application of the member’s employer,

any member who has been a contributing member for ten (10) years may

be retired by the System subsequent to the execution and filing

thereof, on a disability retirement allowance, provided that it is

found by the Medical Board after medical examination of such member

by a duly qualified physician that such member is mentally or

physically incapacitated for further performance of duty, that such

incapacity is likely to be permanent, and that such member should be

retired. The System shall rely on and give full consideration to

the conclusions and recommendations in the certified written report

of the Medical Board of the Teachers’ Retirement System of Oklahoma

regarding the disability application of such member. If the Medical

Board does not find that a member applying for disability retirement

is mentally or physically incapacitated for performance of duty or

otherwise eligible for a disability retirement, the application

shall then be considered by the Board of Trustees. If a member is

determined to be eligible for disability benefits pursuant to the

Social Security System, then such determination shall entitle the

member to the authorized disability retirement benefits provided by

law. For members who are not eligible for disability benefits

pursuant to the Social Security Administration, the Board of

Trustees and the Medical Board shall apply the same standard for

which provision is made in the first two sentences of this

subsection for determining the eligibility of a person for such

disability benefits in making a determination of eligibility for

disability benefits as authorized by this subsection.

H. 1. A member who at the time of retirement has been found to

be permanently physically or mentally incapacitated to perform the

necessary duties to continue in the member’s current position shall

receive a minimum monthly retirement payment for life or until such

time as the member may be found to be recovered to the point where

the member may return to teaching. Any member retired before July

1, 1992, shall be eligible to receive the monthly retirement benefit

herein provided, but such payment shall not begin until the first

payment due to the member after July 1, 1992, and shall not be

retroactive. The Board of Trustees is empowered to make such rules

and regulations as it considers proper to preserve equity in

retirements under this provision, which shall include a provision to

protect the rights of the member’s spouse.
onthly retirement benefit

herein provided, but such payment shall not begin until the first

payment due to the member after July 1, 1992, and shall not be

retroactive. The Board of Trustees is empowered to make such rules

and regulations as it considers proper to preserve equity in

retirements under this provision, which shall include a provision to

protect the rights of the member’s spouse.

Oklahoma Statutes - Title 70. Schools Page 726

2. A member who has qualified for retirement benefits under

disability retirement shall have the total monthly payment deducted

from the member’s accumulated contributions plus interest earned and

any money remaining in the member’s account after the above

deductions at the death of the member shall be paid in a lump sum to

the beneficiary or to the estate of the member. Provided, if the

deceased disabled member had thirty (30) years or more of creditable

service and the death occurred after June 30, 1981, and death

occurred prior to the disabled member receiving twelve monthly

retirement payments, a surviving spouse may elect to receive the

retirement benefit to which the deceased member would have been

entitled at the time of death under the Option 2 Plan of Retirement

provided for in paragraph 2 of subsection K of this section in lieu

of the death benefit provided for in this paragraph and in

subsection Q of this section.

3. Once each year the System may require any disabled annuitant

who has not yet attained the age of sixty (60) years to undergo a

medical examination, such examination to be made at the place of

residence for the disabled annuitant or other place mutually agreed

upon by a physician or physicians designated by the System. Should

any disabled annuitant who has not yet attained the age of sixty

(60) years refuse to submit to at least one medical examination in

any such year by a physician or physicians designated by the System,

the member’s benefits may be discontinued until the member submits

to such examination.

4. Should the Medical Board report and certify to the Board of

Trustees that such disabled annuitant is engaged in or is able to

engage in a gainful occupation paying more than the difference

between the member’s average final compensation and the annual

benefit amount, and should the Board of Trustees concur in such

report, then the amount of the member’s annual benefit shall be

reduced to an amount which, added to the member’s earnings from a

gainful occupation, shall equal the amount of the member’s average

final compensation. Should the member’s earning capacity be later

increased, the amount of the member’s annual benefit may be further

reduced.

5. Should a disabled annuitant be restored to active service,

the member’s disability retirement benefit shall cease and the

member shall again become an active member of the Teachers’

Retirement System of Oklahoma and shall make regular contributions

as required under this article. The unused portion of the member’s

accumulated contributions shall be reestablished to the member’s

credit in the Teachers’ Savings Fund. Any such prior service

certificates on the basis of which the member’s service was computed

at the time of the member’s retirement shall be restored to full

force and effect.

Oklahoma Statutes - Title 70. Schools Page 727

I. Should a member before retirement under Section 17-101 et

seq. of this title make application for withdrawal duly filed with

the System, not earlier than four (4) months after the date of

termination of employment with a participating employer within the

System, the contribution standing to the credit of the member’s

individual account in the Teachers’ Savings Fund shall be paid to

the member or, in the event of the member’s death before retirement,

shall be paid to such person or persons as the member shall have

designated in a manner required by the Board of Trustees and filed
rmination of employment with a participating employer within the

System, the contribution standing to the credit of the member’s

individual account in the Teachers’ Savings Fund shall be paid to

the member or, in the event of the member’s death before retirement,

shall be paid to such person or persons as the member shall have

designated in a manner required by the Board of Trustees and filed

with the System; provided, however, if there is no designated

beneficiary surviving upon such death, such contributions shall be

paid to the member’s administrators, executors, or assigns, together

with interest as hereinafter provided. Provided further, if there

is no designated beneficiary surviving upon such death, and the

contributions standing to the credit of such member do not exceed

Two Hundred Dollars ($200.00), no part of such contributions shall

be subject to the payment of any expense of the last illness or

funeral of the deceased member or any expense of administration of

the estate of such deceased and the System, upon satisfactory proof

of the death of such member and of the name or names of the person

or persons who would be entitled to receive such contributions under

the laws of descent and distribution of the state, may authorize the

payment of accumulated contributions to such person or persons. A

member terminating membership by withdrawal after June 30, 2003,

shall have the interest computed at a rate of interest determined by

the Board of Trustees and paid to the member subject to the

following schedule:

1. If termination occurs within sixteen (16) years from the

date membership began, fifty percent (50%) of such interest

accumulations shall be paid;

2. With at least sixteen (16) but less than twenty-one (21)

years of membership, sixty percent (60%) of such interest

accumulations shall be paid;

3. With at least twenty-one (21) but less than twenty-six (26)

years of membership, seventy-five percent (75%) of such interest

accumulations shall be paid; and

4. With at least twenty-six (26) years of membership, ninety

percent (90%) of such interest accumulations shall be paid.

In case of death of an active member, the interest shall be

calculated and restored to the member’s account and paid to the

member’s beneficiary.

J. 1. In lieu of the Maximum Retirement Allowance payable

throughout life for such an amount as determined under this section,

the member may select a retirement allowance for a reduced amount

payable under any of the options listed in subsection K of this

section the present value of which is the actuarial equivalent

thereof.

Oklahoma Statutes - Title 70. Schools Page 728

2. The first payment of any benefit selected shall be made on

the first day of the month following approval of the retirement by

the System. If the named joint annuitant under Option 2 or 3 dies

at any time after the member’s retirement date, but before the death

of the member, the member shall return to the Maximum Plan of

Retirement, including any post-retirement benefit increases the

member would have received had the member not selected Option 2 or 3

pursuant to paragraph 2 or 3 of subsection K of this section. The

retirement allowance shall be determined at the date of death of the

joint annuitant. This increase shall become effective the first day

of the month following the date of death of the joint annuitant, and

shall be payable for the member’s remaining lifetime. The member

shall notify the Teachers’ Retirement System of Oklahoma of the

death of the joint annuitant by providing a copy of the joint

annuitant’s death certificate. In the absence of the death

certificate being filed by the member notifying the Teachers’

Retirement System of Oklahoma of the death of the joint annuitant

within six (6) months of the date of death, nothing in this

subsection shall require the Teachers’ Retirement System of Oklahoma
Oklahoma of the

death of the joint annuitant by providing a copy of the joint

annuitant’s death certificate. In the absence of the death

certificate being filed by the member notifying the Teachers’

Retirement System of Oklahoma of the death of the joint annuitant

within six (6) months of the date of death, nothing in this

subsection shall require the Teachers’ Retirement System of Oklahoma

to pay more than six (6) months of retrospective benefits increase.

K. 1. Option 1. A member takes a slightly reduced retirement

allowance for life. If the member dies before receiving in annuity

payments the present value of the member’s annuity as it was at the

time of retirement, the balance shall be paid to the member’s

beneficiary by designation filed with the System prior to the

member’s death.

2. Option 2. A member takes a reduced retirement allowance for

life. Upon the death of the member the payments shall continue to

the member’s joint annuitant for the life of the joint annuitant.

The designation of the joint annuitant must be filed with the System

at the time of the member’s retirement and, except as provided in

paragraph 2 of subsection J of this section, cannot be changed after

the effective date of the member’s retirement.

3. Option 3. A member receives a reduced retirement allowance

for life. Upon the death of the member one-half (1/2) of the

retirement allowance paid the member shall be continued throughout

the life of the member’s joint annuitant. A designation of a joint

annuitant must be filed with the System at the time of the member’s

retirement and, except as provided in paragraph 2 of subsection J of

this section, cannot be changed after the effective date of the

member’s retirement.

4. Option 4. Provided, the System may establish other

retirement options if certified by the actuary to be of equivalent

actuarial value to the member’s retirement allowance. Other

retirement options shall be presented to the Board of Trustees for

approval at its discretion. Such other benefit or benefits shall be

Oklahoma Statutes - Title 70. Schools Page 729

paid either to the member or, if applicable, to such joint annuitant

as the member shall nominate.

L. Provided, the options listed in paragraphs 2 and 3 of

subsection K of this section shall not be available if the member’s

expected benefit is less than fifty percent (50%) of the lump-sum

actuarial equivalent and the joint annuitant is not the spouse of

the member.

M. 1. A member who chose the Maximum Plan of Retirement at the

time of retirement may make a one-time election to choose either

Option 2 or 3 as prescribed in paragraph 2 or 3 of subsection K of

this section and name the member’s spouse as joint annuitant if the

member marries after making the initial election. Such an election

shall be made within one (1) year of the date of marriage. The

member shall provide proof of a member’s good health before the

System will permit a change to either Option 2 or 3 as prescribed in

paragraphs 2 and 3 of subsection K of this section and the naming of

a joint annuitant. A medical examination conducted by a licensed

physician is required for purposes of determining good health. Such

examination must be approved by the Medical Board. The member shall

be required to provide proof of age for the new joint annuitant.

The System shall adjust the retirement allowance to the actuarially

equivalent amount based on the new joint annuitant’s age. The Board

of Trustees shall promulgate rules to implement the provisions of

this subsection.

2. A member who retires after July 1, 2010, and has selected a

retirement allowance for a reduced amount payable under one of the

options provided for in subsection K of this section may make a one-

time irrevocable election to select a different option within sixty
on the new joint annuitant’s age. The Board

of Trustees shall promulgate rules to implement the provisions of

this subsection.

2. A member who retires after July 1, 2010, and has selected a

retirement allowance for a reduced amount payable under one of the

options provided for in subsection K of this section may make a one-

time irrevocable election to select a different option within sixty

(60) days of the member’s retirement date. The beneficiary or joint

annuitant designated by the member at the time of retirement shall

not be changed if the member makes the election provided for in this

paragraph.

3. Any individual who is eligible to be a beneficiary or joint

annuitant of a member under subsection J of this section, and who is

also a beneficiary of a trust created under the Oklahoma

Discretionary and Special Needs Trust Act, Section 175.81 et seq. of

Title 60 of the Oklahoma Statutes, or a comparable Trust Act created

under the laws of another state, hereinafter collectively referred

to as “Trust Acts”, may be a beneficiary or joint annuitant under

subsection J of this section by having the trustee of the trust

established for the benefit of that individual named as the legal

beneficiary or joint annuitant under subsection J of this section.

The age of that beneficiary shall be used for calculating any

benefit payable to the trust under subsection J of this section.

The beneficiary of such a trust shall be treated as the beneficiary

or joint annuitant under subsection J of this section except that

payments of any benefits due under subsection J of this section

Oklahoma Statutes - Title 70. Schools Page 730

shall be payable to the lawfully appointed trustee of the trust.

The obligation of the System to pay the beneficiary or joint

annuitant under subsection J of this section shall be satisfied by

payment to the trustee whom the System, in good faith, believes to

be the lawfully appointed trustee. Any conflict between the

statutes creating and governing the Teachers’ Retirement System of

Oklahoma in Section 17-101 et seq. of this title and the provisions

of any Trust Act referred to above shall be resolved in favor of the

statutes governing the System. If an eligible beneficiary or joint

annuitant is named at the time of retirement, and becomes a

beneficiary of a trust under one of the Trust Acts described herein

after that time, the System will acknowledge the trust as the

beneficiary upon the submission of adequate documentation of the

existence of the trust. All other provisions of subsection J of

this section shall apply to these subsequently created trusts.

4. The Board of Trustees of the System may recognize other

trusts set up for the benefit of individuals otherwise eligible to

be named as a beneficiary or joint annuitant under subsection J of

this section by administrative rule if it can be done without undue

additional administrative expense of the System.

N. The governing board of any public school, as that term is

defined in Section 17-101 of this title, is hereby authorized and

empowered to pay additional retirement allowances or compensation to

any person who was in the employ of such public school for not less

than seven (7) school years preceding the date of the member’s

retirement. Payments so made shall be a proper charge against the

current appropriation or appropriations of any such public school

for salaries for the fiscal year in which such payments are made.

Such payments shall be made in regular monthly installments in such

amounts as the governing board of any such public school, in its

judgment, shall determine to be reasonable and appropriate in view

of the length and type of service rendered by any such person to

such public school by which such person was employed at the time of

retirement. All such additional payments shall be uniform, based

upon the length of service and the type of services performed, to
amounts as the governing board of any such public school, in its

judgment, shall determine to be reasonable and appropriate in view

of the length and type of service rendered by any such person to

such public school by which such person was employed at the time of

retirement. All such additional payments shall be uniform, based

upon the length of service and the type of services performed, to

persons formerly employed by such public school who have retired or

been retired in accordance with the provisions of Section 17-101 et

seq. of this title.

The governing board of any such public school may adopt rules

and regulations of general application outlining the terms and

conditions under which such additional retirement benefits shall be

paid, and all decisions of such board shall be final.

O. In addition to the teachers’ retirement herein provided,

teachers may voluntarily avail themselves of the federal Social

Security program upon a district basis.

P. Upon the death of an in-service member, the System shall pay

to the designated beneficiary of the member or, if there is no

Oklahoma Statutes - Title 70. Schools Page 731

designated beneficiary or if the designated beneficiary predeceases

the member, to the estate of the member, the sum of Eighteen

Thousand Dollars ($18,000.00) as a death benefit. Provided, if the

deceased member had ten (10) years or more of creditable service,

the member’s designated beneficiary may elect to receive the

retirement benefit to which the deceased member would have been

entitled at the time of death under the Option 2 plan of retirement

in lieu of the death benefit provided for in this subsection.

Provided further, the option provided in this subsection is only

available when the member has designated one individual as the

designated beneficiary. The beneficiary or beneficiaries of death

benefits in the amount not to exceed Eighteen Thousand Dollars

($18,000.00), but exclusive of any retirement benefit received by an

electing beneficiary based upon creditable service performed by the

deceased member, which are provided pursuant to this subsection, may

elect to disclaim such death benefits in which case such benefits

will be transferred to a person licensed as a funeral director or to

a lawfully recognized business entity licensed as required by law to

provide funeral services for the deceased member. The qualified

disclaimer must be in writing and will be an irrevocable and an

unqualified refusal to accept all or a portion of the death benefit.

It must be received by the transferor no more than nine (9) months

after the later of the day the transfer creating the interest in the

disclaiming person is made or the day the disclaiming person attains

age twenty-one (21). The interest in the death benefits must pass

without direction by the disclaiming person to another person.

After paying death benefits to any beneficiary or the member’s

estate pursuant to this subsection, the System is discharged and

released from any and all liability, obligation, and costs. The

System is not required to inquire into the truth of any matter

specified in this subsection or into the payment of any estate tax

liability.

Q. Upon the death of a retired member who has contributed to

the System, the retirement system shall pay to the designated

beneficiary of the member or, if there is no designated beneficiary

or if the designated beneficiary predeceases the member, to the

estate of the member, the sum of Five Thousand Dollars ($5,000.00)

as a death benefit. The beneficiary or beneficiaries of benefits

provided pursuant to this subsection may elect to disclaim such

death benefits in which case such benefits will be transferred to a

person licensed as a funeral director or to a lawfully recognized

business entity licensed as required by law to provide funeral

services for the deceased member. The qualified disclaimer must be
)

as a death benefit. The beneficiary or beneficiaries of benefits

provided pursuant to this subsection may elect to disclaim such

death benefits in which case such benefits will be transferred to a

person licensed as a funeral director or to a lawfully recognized

business entity licensed as required by law to provide funeral

services for the deceased member. The qualified disclaimer must be

in writing and will be an irrevocable and an unqualified refusal to

accept all or a portion of the death benefit. It must be received

by the transferor no more than nine (9) months after the later of

the day the transfer creating the interest in the disclaiming person

Oklahoma Statutes - Title 70. Schools Page 732

is made or the day the disclaiming person attains age twenty-one

(21). The interest in the death benefits must pass without

direction by the disclaiming person to another person. The benefit

payable pursuant to this subsection shall be deemed, for purposes of

federal income taxation, as life insurance proceeds and not as a

death benefit if the Internal Revenue Service approves this

provision pursuant to a private letter ruling request which shall be

submitted by the Board of Trustees of the System for that purpose.

After paying death benefits to any beneficiary or the member’s

estate pursuant to this subsection, the System is discharged and

released from any and all liability, obligation, and costs. The

System is not required to inquire into the truth of any matter

specified in this subsection or into the payment of any estate tax

liability.

R. Upon the death of a member who dies leaving no living

beneficiary or having designated the member’s estate as beneficiary,

or upon the death of any individual who may be entitled to a benefit

from the System, the System may pay any applicable death benefit,

unpaid contributions, or unpaid benefit which may be subject to

probate, in an amount of Twenty-five Thousand Dollars ($25,000.00)

or less, without the intervention of the probate court or probate

procedure pursuant to Section 1 et seq. of Title 58 of the Oklahoma

Statutes.

1. Before any applicable probate procedure may be waived, the

System must be in receipt of the decedent’s death certificate and

the following documents from those persons claiming to be the legal

heirs of the deceased member:

a. the decedent’s valid last will and testament, trust

documents or affidavit that a will does not exist,

b. an affidavit or affidavits of heirship which must

state:

(1) the names and signatures of all claiming heirs to

the decedent’s estate including the claiming

heirs’ names, relationship to the deceased,

current addresses, tax ID numbers if known and

current telephone numbers,

(2) a statement or statements by the claiming heirs

that no application or petition for the

appointment of a personal representative is

pending or has been granted in any jurisdiction,

(3) a description of the personal property claimed,

(i.e., death benefit or unpaid contributions or

both) together with a statement that such

personal property is subject to probate,

(4) a statement by each individual claiming heir

identifying the amount of personal property that

the heir is claiming from the System, and that

Oklahoma Statutes - Title 70. Schools Page 733

the heir has been notified of, is aware of and

consents to the identified claims of all the

other claiming heirs of the decedent pending with

the System, and
personal property is subject to probate,

(4) a statement by each individual claiming heir

identifying the amount of personal property that

the heir is claiming from the System, and that

Oklahoma Statutes - Title 70. Schools Page 733

the heir has been notified of, is aware of and

consents to the identified claims of all the

other claiming heirs of the decedent pending with

the System, and

(5) a statement by each individual claiming heir

affirming that all debts of the decedent,

including payment of last sickness, hospital,

medical, death, funeral, and burial expenses have

been paid or provided for,

c. a written agreement or agreements signed by all

claiming heirs of the decedent which provide that the

claiming heirs release, discharge and hold harmless

the System from any and all liability, obligations and

costs which it may incur as a result of making a

payment to any of the decedent’s heirs, and

d. a corroborating affidavit from an individual other

than a claiming heir, who was familiar with the

affairs of the decedent.

2. The Executive Director of the System shall retain complete

discretion in determining which requests for probate waiver may be

granted or denied, for any reason. Should the System have any

question as to the validity of any document presented by the

claiming heirs, or as to any statement or assertion contained

therein, the probate requirement provided for in Section 1 et seq.

of Title 58 of the Oklahoma Statutes shall not be waived.

3. After paying any death benefits or unpaid contributions to

any claiming heirs as provided pursuant to this subsection, the

System is discharged and released from any and all liability,

obligation and costs to the same extent as if the System had dealt

with a personal representative of the decedent. The System is not

required to inquire into the truth of any matter specified in this

subsection or into the payment of any estate tax liability.

S. 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 joint annuitant if still living, to the

beneficiary of the member if the joint annuitant is deceased, or to

the member’s estate if there is no surviving joint annuitant or

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. Upon the death of a joint

annuitant receiving monthly benefit payments as prescribed herein,

the benefit payment for the month in which the joint annuitant died,

if not previously paid, shall be made to the joint annuitant’s

estate in an amount equal to the full monthly benefit payment

regardless of the day of the month on which the joint annuitant

died.

Oklahoma Statutes - Title 70. Schools Page 734

T. The Board of Trustees may adopt such other rules and

regulations as are necessary to administer the benefits enumerated

herein.

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