Okla. Stat. tit. 74, § 74-916.1

A. Upon the death of a retired member, the Oklahoma Public

Employees Retirement System shall pay to the beneficiary of the

member or if there is no beneficiary or if the beneficiary

predeceases the member, to the estate of the member, the sum of Four

Thousand Dollars ($4,000.00) as a death benefit for those retired

members who died prior to July 1, 1999. For those retired members

who died on or after July 1, 1999, the sum shall be Five Thousand

Dollars ($5,000.00). 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

Oklahoma Statutes - Title 74. State Government Page 686

private letter ruling request which shall be submitted by the board

of trustees of the System for that purpose.

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

beneficiary or having designated his estate as beneficiary, 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 member's proof of death and the

following documents from those persons claiming to be the legal

heirs of the deceased member:

a. the member'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 deceased member's estate including the

claiming heirs' names, relationship to the

deceased, current addresses 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, and

(4) a statement by each individual claiming heir

identifying the amount of personal property that

the heir is claiming from the System, and that

the heir has been notified of, is aware of and

consents to the identified claims of all the

other claiming heirs of the deceased member

pending with the System,

c. a written agreement or agreements signed by all

claiming heirs of the deceased member which provides

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 deceased member's

heirs,

d. a corroborating affidavit from an individual other

than a claiming heir, who was familiar with the

affairs of the deceased member, and

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e. proof that all debts of the deceased member, including

payment of last sickness, hospital, medical, death,

funeral and burial expenses have been paid or provided

for.

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,
nt 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 deceased member. 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.

C. The beneficiary or beneficiaries of death benefits provided

pursuant to this section may elect to disclaim the death benefits,

in which case such benefits shall 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 shall be in writing

and shall be an irrevocable and unqualified refusal to accept all or

a portion of the death benefit. It shall 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 shall 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 shall be 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 tax liability.