RBH No. 10793
An Act
ENROLLED SENATE
BILL NO. 743 By: Weaver of the Senate
and
Moore of the House
An Act relating to public retirement systems;
amending 62 O.S. 2021, Section 3103, which relates to
the Oklahoma Pension Legislation Actuarial Analysis
Act; modifying definitions; amending 11 O.S. 2021,
Sections 50-101 and 50-115, which relate to
definitions and disabil ity benefit; modifying
definitions of permanent in-line disability and
normal disability benefit; modifying disability
benefits received by certain disabled officers;
updating statutory language; modifying permanent
impairment guidelines ; and providing effective dates.
SUBJECT: Public retirement system s
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAH OMA:
SECTION 1. AMENDATORY 62 O.S. 2021, Section 3103, is
amended to read as follows:
Section 3103. As used in the Oklahoma Pension Legislation
Actuarial Analysis Act:
1. "Amendment" means any amendment, including a substitute
bill, made to a retirement bill by any committee of the House or
Senate, any conference committee of the House or Senate or by the
House or Senate;
2. "RB number" means that number precede d by the letters "RB"
assigned to a retirement bill by the respective staffs of the
Oklahoma State Senate and the Oklahoma House of Representatives when RBH No. 10793
ENR. S. B. NO. 743 Page 2
the respective staff office prepares a retirement bill for a member
of the Legislature;
3. "Legislative Actuary" means the firm or entity that enters
into a contract with the Legislative Service Bureau pursuant to
Section 452.15 of Title 74 of the Oklahoma Statutes to provide the
actuarial services and other duties provided for in the Oklahoma
Pension Legislation Actuarial Analysis Act;
4. "Nonfiscal amendment" means an amendment to a retirement
bill having a fiscal impact, which amendment does not change any
factor of an actuarial investigation specified in subsection A of
Section 3109 of this title;
5. "Nonfiscal retirement bill" means a retirement bill:
a. which does not affect the cost or funding factors of a
retirement system,
b. which affects such factors only in a manner which does
not:
(1) grant a benefit increase under the retirement
system affected by the bill,
(2) create an actuarial accrued liability for or
increase the actuarial accrued liability of the
retirement system affected by the bill, or
(3) increase the normal cost of the retirement system
affected by the bill,
c. which authorizes the purchase by an active member of
the retirement system, at the actuarial cost for the
purchase as computed pursuant to the statute in effect
on the effective date of the measure allowing such
purchase, of years of service for purposes of reaching
a normal retirement date in the applicable retirement
system, but which cannot be used in order to compute
the number of years of service for purposes of
computing the retirement benefit for the member,
RBH No. 10793
ENR. S. B. NO. 743 Page 3
d. which provides for the computation of a service -
connected disability retirement benefit for members of
the Oklahoma Law Enforcement Retirement System
pursuant to Section 2-305 of Title 47 of the Oklahoma
Statutes if the members were unable to complete twenty
(20) years of service as a result of the disability,
e. which requires membership in the defined benefit plan
authorized by Section 901 et seq. of Title 74 of the
Oklahoma Statutes for persons whose first elected or
appointed service occurs on or after November 1, 2018,
if such persons had any prior service in t he Oklahoma
Public Employees Retirement System prior to November
1, 2015,
f. which provides for a one-time increase in retirement
benefits if the increase in retirement benefits is not
a permanent increase in the gross annual retirement
benefit payable to a member or beneficiary, occurs
only once pursuant to a single statutory authorization
and does not exceed:
(1) the lesser of two percent (2%) of the gross
annual retirement benefit of the member or One
Thousand Dollars ($1,000.00) and requires that
the benefit may only be provided if the funded
ratio of the affected retirement system would not
be less than sixty percent (60%) but not greater
than eighty percent (80%) after the benefit
increase is paid,
(2) the lesser of two percent (2%) of the gross
annual retirement benefit of the member or One
Thousand Two Hundred Dollars ($1,200.00) and
requires that the benefit may only be provided if
the funded ratio of the affected retirement
system would be greater than eighty percent (80%)
but not greater than one h undred percent (100%)
after the benefit increase is paid,
(3) the lesser of two percent (2%) of the gross
annual retirement benefit of the member or One RBH No. 10793
ENR. S. B. NO. 743 Page 4
Thousand Four Hundred Dollars ($1,400.00) and
requires that the benefit may only be provided if
the funded ratio of the affected retirement
system would be greater than one hundred percent
(100%) after the benefit increase is paid, or
(4) the greater of two percent (2%) of the gross
annual retirement benefit of the volunteer
firefighter or One Hundred Dolla rs ($100.00) for
persons who retired from the Oklahoma
Firefighters Pension and Retirement System as
volunteer firefighters and who did not retire
from the Oklahoma Firefighters Pension and
Retirement System as a paid firefighter.
As used in this subparagr aph, "funded ratio" means the
figure derived by dividing the actuarial value of
assets of the applicable retirement system by the
actuarial accrued liability of the applicable
retirement system,
g. which modifies the disability pension standard for
police officers who are members of the Oklahoma Police
Pension and Retirement System as provi ded by Section 3
of this act, or
h. which provides a cost-of-living benefit increase
pursuant to the provisions of Sections 2 through 7 of
this act:
(1) Section 49-143.7 of Title 11 of the Oklahoma
Statutes,
(2) Section 50-136.9 of Title 11 of the Oklahoma
Statutes,
(3) Section 1104K of Title 20 of the Oklahoma
Statutes,
(4) Section 2-305.12 of Title 47 of the Oklahoma
Statutes,
RBH No. 10793
ENR. S. B. NO. 743 Page 5
(5) Section 17-116.22 of Title 70 of the O klahoma
Statutes,
(6) Section 930.11 of Title 74 of the Oklahoma
Statutes, or
i. which modifies the computation of the line-of-duty
disability benefit pursuant to the provisions of this
act.
A nonfiscal retirement bill shall include any retirement bill th at
has as its sole purpose the appropriation or distribution or
redistribution of monies in some manner to a retirement system for
purposes of reducing the unfunded liability of such system or the
earmarking of a portion of the revenue from a tax to a reti rement
system or increasing the percentage of the revenue earmarked from a
tax to a retirement system;
6. "Reduction-in-cost amendment" means an amendment to a
retirement bill having a fiscal impact which reduces the cost of the
bill as such cost is deter mined by the actuarial investigation for
the bill prepared pursuant to Section 3109 of this title;
7. "Retirement bill" means any bill or joint resolution
introduced or any bill or joint resolution amended by a member of
the Oklahoma Legislature which cre ates or amends any law directly
affecting a retirement system. A retirement bill shall not mean a
bill or resolution that impacts the revenue of any state tax in
which a portion of the revenue generated from such tax is earmarked
for the benefit of a reti rement system;
8. "Retirement bill having a fiscal impact" means any
retirement bill creating or establishing a retirement system and any
other retirement bill other than a nonfiscal retirement bill; and
9. "Retirement system" means the Teachers' Retirement System of
Oklahoma, the Oklahoma Public Employees Retirement System, the
Uniform Retirement System for Justices and Judges, the Oklahoma
Firefighters Pension and Retirement System, the Oklahoma Police
Pension and Retirement System, the Oklahoma Law Enf orcement
Retirement System, or a retirement system established after January
1, 2006. RBH No. 10793
ENR. S. B. NO. 743 Page 6
SECTION 2. AMENDATORY 11 O.S. 2021, Section 50-101, is
amended to read as follows:
Section 50-101. As used in this article:
1. "System" means the Oklahoma Police Pension and Retirement
System and all predecessor muni cipal Police Pension and Retirement
Systems;
2. "Article" means Article 50 of this title;
3. "State Board" means the Oklahoma Police Pension and
Retirement Board;
4. "Fund" means the Oklahoma Police Pension and Retirement
Fund;
5. "Officer" means any duly appointed and sworn full-time
officer of the regular police depa rtment of a municipality whose
duties are to preserve the public peace, protect l ife and property,
prevent crime, serve warrants, enforce all laws and municipal
ordinances of this state, a nd any political subdivision thereof, and
who is authorized to bear arms in the execution of such duties;
6. "Member" means all eligible officers of a participating
municipality and any person hired by a participating municipality
who is undergoing police training to become a permanent police
officer of the municipality. Effective July 1, 1987, a member does
not include a "leased employee" as defined under Section 414(n)(2)
of the Internal Revenue Code of 1986, as amended. Effective J uly 1,
1999, any individual who agrees with the participating municipality
that the individual’s services are to be performed as a leased
employee or an independent cont ractor shall not be a member
regardless of any classification as a common law employee by the
Internal Revenue Service or any other governmental agency, or any
court of competent jurisdiction. A member shall include e ligible
commissioned officers of the O klahoma State Bureau of Narcotics and
Dangerous Drugs Control, the Oklahoma State Burea u of Investigation,
and the Alcoholic Beverage Laws Enforcement Commission who elect to
participate in the System pursuant to Secti on 50-111.5 of this
title; RBH No. 10793
ENR. S. B. NO. 743 Page 7
7. "Normal retirement date" means the date at which the member
is eligible to receive the unreduc ed payments of the m ember’s
accrued retirement benefit. Such date shall be the first da y of the
month coinciding with or following the date the member completes
twenty (20) years of credited service. If the member’s employment
continues past the normal r etirement date of th e member, the actual
retirement date of the member shall be the firs t day of the month
after the member termina tes employment with more than twenty ( 20)
years of credited service;
8. "Credited service" means the period of service used to
determine the eligibility for and the amount of benefits payable to
a member. Credited service shall consist of the period duri ng which
the member participated in th e System or the predecessor munic ipal
systems as an active employee in an eligible memb ership
classification, plus any service prior to the establishment of the
predecessor municipal systems which was credited under th e
predecessor municipal systems or cre dited service granted by the
State Board;
9. "Participating municipality" means a municipality which is
making contributions to the System on behalf of its officers. The
Oklahoma State Bureau of Narcotics and Dangero us Drugs Control, the
Oklahoma State Bureau of Investigation, and the A lcoholic Beverage
Laws Enforcement Commission shall be treated in the same manner as a
participating municipality only regarding those members who elect to
participate in the System pur suant to Section 50-111.5 of this
title;
10. "Permanent total disabili ty" means incapacity due to
accidental injury or occup ational disease, to earn any wages in the
employment for which the member is physically suited and reasonably
fitted through educat ion, training or experience. Further, the
member must be declared one hundred percent (100%) impaired as
defined by the "American Medical Associ ation’s Guides to the
Evaluation of Permanent Impairment " on the basis of a physical
medical examination by a p hysician licensed to practice medicine in
this state, as selected by th e State Board;
11. "Permanent partial disability" means permanent disability
which is less than permanent total disability as defined in this RBH No. 10793
ENR. S. B. NO. 743 Page 8
section. The member must be declared no g reater than ninety-nine
percent (99%) impaired as defined by the "American Medical
Association’s Guides to the Evaluation of Permanent Impairment" on
the basis of a physical medical examination by a physician lice nsed
to practice medicine in this state, as selected by the State Board;
12. "Permanent in-line disability" means incapacity to earn any
wages as a certified, commissi oned police officer due to accidental
injury or occupational disease, incurred while in, and in
consequence of, the performance of duty as an officer when a police
officer serving in any capacity at a regular police department of a
participating municipali ty becomes so physically or mentally
disabled, as determined by an independent medical examiner,
psychiatrist, or psychologist selected by the State Board, while in,
and in consequence of, the performan ce of authorizing activities
while on duty as an officer that he or she is unable to perform the
required duties of a police officer;
13. "Beneficiary" means a member’s surviving spouse or any
surviving children, including biological and adopted children, at
the time of the member’s death. The surviving spouse must have been
married to the member for the thirty (30) continuous months
immediately preceding the member ’s death, provided a survivin g
spouse of a member who died while in, and as a consequence o f, the
performance of the member's duty for a participating municipality,
shall not be subject to the thirty-month marriage requirement for
survivor benefits. A surviving child of a member shal l be a
beneficiary until reach ing eighteen (18) years of age o r twenty-two
(22) years of age if the child is enrolled full time and regularly
attending a public or private school or any institution of higher
education. Any child adopted by a member after the member’s
retirement shall be a beneficiary only if the chi ld is adopted by
the member for the thirty (30) continuous months preceding the
member’s death. Any child who is adopted by a member after the
member’s retirement and such member dies accidenta lly or as a
consequence of the performance of the member ’s duty as a police
officer shall not be subject to the thirty-month adoption
requirement. This definition of beneficiary shall be in addition to
any other requirement set forth in this article;
14. "Executive Director" means the managing officer of the
System employed by the State Board; RBH No. 10793
ENR. S. B. NO. 743 Page 9
15. "Eligible employer" means any municipality with a municipal
police department;
16. "Entry date" means the date as of which an eligible
employer joins the Syst em. The first entry date purs uant to this
article shall be January 1, 1981;
17. "Final average salary" means the average paid base salary
of the member for normally scheduled hours over the highest salaried
thirty (30) consecutive months of the last sixt y (60) months of
credited service. Effective July 1, 2016, th e following shall apply
in computing final average salary:
a. only paid base salary on which required contributions
have been made shall be used in computing a member ’s
final average salary,
b. for purposes of determining th e normal disability
benefit only, final average salary shall be based on
the member’s total service if less than thirty (30)
months,
c. in addition to other applicable limitations, and
notwithstanding any other provision to th e contrary,
for plan years beginning on or after July 1, 2002, the
annual compensation of each “Noneligible Member” taken
into account under the System shall not exceed the
Economic Growth and Tax Relief Reconciliation Act of
2001 (EGTRRA) annual compensat ion limit. The EGTRRA
annual compensation limit is Two Hundre d Thousand
Dollars ($200,000.00), as adjusted by the Commissioner
for increases in the cost of living in accordance with
Section 401(a)(17)(B) of the Internal Revenue Code of
1986, as amended. The annual compensation limit in
effect for a calendar year ap plies to any period, not
exceeding twelve (12) months, over which compensation
is determined ("determination period") beginning in
such calendar year. If a determination period
consists of fewer than twelve (12) months, the EGTRRA
annual compensation limi t will be multiplied by a
fraction, the numerator of which is the number of RBH No. 10793
ENR. S. B. NO. 743 Page 10
months in the determination period, and the
denominator of which is twelve (12). For purposes of
this section, a "Noneligible Member" is any member who
first became a member durin g a plan year commencing on
or after July 1, 1996,
d. for plan years beginning on or after July 1, 2002, any
reference in the System to the annual compensation
limit under Section 401(a)(17) of the Internal Revenue
Code of 1986, as amended, shall mean the EGTRRA annual
compensation limit set forth in this provision, and
e. effective January 1, 2008, back pay, within the
meaning of Section 1.415(c) -2(g)(8) of the Income Tax
Regulations, shall be t reated as paid base salary for
the limitation year to which th e back pay relates to
the extent the back pay represents wages and
compensation that would otherwise be included in this
definition;
18. "Accrued retirement benefit " means two and one-half percent
(2 1/2%) of the member ’s final average salary multiplied b y the
member’s years of credited service not to exceed thirty (30) years;
19. "Normal disability benefit" means the greater of:
a. two and one-half percent (2 1/2%) of the member ’s
final average salary multiplied by twenty (20) years,
notwithstanding the years of actual credited service,
or
b. two and one-half percent (2 1/2%) of the member’s
final average salary multiplied by the years of
credited service of the member, not to exceed thirty
(30) years, if the officer has mor e than twenty (20)
years of credited service;
20. "Limitation year" means the year used in applying the
limitations of Section 415 of the Internal Revenue Code of 1986, as
amended, which year shall be the calendar year;
RBH No. 10793
ENR. S. B. NO. 743 Page 11
21. "Paid base salary" means, effective July 1, 2016, an y
compensation described in subparagraph a of this paragraph that is
not described in subparagraph b of this paragraph.
a. Paid base salary shall in clude only:
(1) normal compensation paid on a regularly scheduled
pay period, including, but not limited to,
regular pay for holidays, paid time off, vacation
or annual leave, sick leave or compensatory time
in lieu of overtime, any lump sum payment paid i n
lieu of a normal wage incre ase, provided such
lump sum payment is retroactively appl ied over
the prior twelve-month period ending with the
payment date, compensation for bomb squad pay,
education pay, incentive pay, K-9 pay,
negotiation pay, shift differ ential, sniper pay,
SWAT team pay, emergency response team pay, any
other special unit pay, and any incremen tal
increase in compensation which is not included by
the employer in a member’s regular base pay for
salary increase purposes but is paid by the
employer to the member for grou p health benefits
based on an arrangement with a particip ating
municipality that was in place on December 31,
2015, so long as the arrangement continues
uninterrupted for a member employed by a
participating municipality on Jun e 30, 2016, who
has not since terminated employment and been
rehired by such participa ting municipality,
(2) any amount of elective salary reduction under
Section 125 of the Internal Revenue Code of 1986,
as amended, that would have been treated as paid
base salary but for the salary deferral reduction
agreement,
(3) any amount of elective salary reduction not
includable in the gross income of the member
under Section 132(f)(4) of the Internal Revenue
Code of 1986, as amended, that would have been RBH No. 10793
ENR. S. B. NO. 743 Page 12
treated as paid base salary but for th e salary
deferral reduction agreement,
(4) any amount of elective salary reduct ion under
Section 457 of the Internal Revenue Code of 1986,
as amended, that would have been treated as paid
base salary but for the salary deferral reduction
agreement,
(5) any amount of elective salary reduction under
Section 401(k) of the Internal Reven ue Code of
1986, as amended, that would have been treated as
paid base salary but for the salary deferral
reduction agreement,
(6) any amount of nonelective salary reduction und er
Section 414(h) of the Internal Revenue Code of
1986, as amended,
(7) educational allowances paid to obtain training
certification or pursue an advanced degree,
(8) longevity payments made to members based upon a
standardized plan which recognizes length of
service to the participating municipality,
(9) paid base salary shall also include base salary,
as described in divisions (1) through (8) of this
subparagraph, for services, but paid by the later
of two and one-half (2 1/2) months after a
member’s severance from employment or the end of
the calendar year tha t includes the date th e
member terminated employment, if it is a payment
that, absent a severance from employment, would
have been paid to the member while the member
continued in employment with the participating
municipality,
(10) any payments not descri bed in divisions (1)
through (9) of this subparagraph shall not be
considered paid base salary if paid after
severance from employment, even if they are paid RBH No. 10793
ENR. S. B. NO. 743 Page 13
by the later of two and one-half (2 1/2) months
after the date of severance from employment or
the end of the calendar y ear that includes the
date of severance from employment, except
payments to an individual who does not currently
perform services for the participat ing
municipality by reason of qualified military
service within the meaning of Section 414(u)(5)
of the Internal Revenue Code of 1986, as amended,
to the extent these payments do not exceed the
amounts the individual would have received if the
individual had continued to perform servi ces for
the participating municipality rather than
entering qualified military service,
(11) back pay, within the meaning of Section 1.415(c)-
2(g)(8) of the Income Tax Regulations, shall be
treated as paid base salary for the l imitation
year to which the back pay relates to the extent
the back pay represents wag es and compensation
that would otherwise be included in this
definition, and
(12) paid base salary shall also include differential
wage payments under Section 414(u)(12) of the
Internal Revenue Code of 1986, as amended.
b. Notwithstanding anything to the c ontrary in this
section, paid base salary shall not include any:
(1) fringe benefits, reimbursements, or increases in
compensation due to reimbursements to the extent
not specifically included above in subparagraph a
of this paragraph,
(2) incremental increase in compensation w hich is not
included by the employer in a member’s regular
base pay for salary increase purposes but is paid
by the employer to the member for group health
benefits not otherwis e included above in division
(1) of subparagraph a of thi s paragraph,
RBH No. 10793
ENR. S. B. NO. 743 Page 14
(3) insurance benefits, including any reimbursements
thereof, or insurance proceeds of any type not
otherwise included above in division (1) of
subparagraph a of this paragraph,
(4) bonuses, including signing bonuses, lump -sum
payments or stipends made to the membe r not
otherwise included above in division (1) of
subparagraph a of this paragraph,
(5) overtime compensation,
(6) payments whether prior to or upon termination of
employment for accumulated unused vacation or
unused annual leave, acc umulated unused sick
leave, or accumulated unused paid time off or
other unused leave,
(7) payments made in error to a member,
(8) payments made by the participating muni cipality
for services rendere d by the member, which
services are not part of the membe r’s job duties
and responsibilities of his or her job position
with the participating m unicipality,
(9) severance pay,
(10) unemployment payments, and
(11) uniform and equipment allowances; and
22. "Actuarial equivalent " means equality in value of the
aggregate amounts expecte d to be received based on interest rate and
mortality assumption s set by the State Board, in a manner that
precludes employer discretion, and based upon recommendations from
independent professional advisors, and which shall be publis hed
annually in the actuarial report.
SECTION 3. AMENDATORY 11 O.S. 2021, Section 50-115, is
amended to read as follows:
RBH No. 10793
ENR. S. B. NO. 743 Page 15
Section 50-115. A. The State Board is authorized t o pay a
disability benefit to a member of the System or a pension to the
beneficiaries of such member eligible as hereinafter provided, not
exceeding the accrued retirement b enefit of the member, except as
otherwise provided in this article. Such disabili ty benefit shall
be payable immediately upon determi nation of eligibility. Any
preexisting condition identified at the time of any initial or
subsequent membership shall be used to offset the percentage of
impairment to the whole person in determining any disability
benefit. Once the initial disability be nefit has been awarded by
the Board on the basis of the percentage of impairment to the whole
person, the member shall hav e no further recourse to increase the
awarded percentage of impairment.
B. In order for any member to be eligible for any disability
benefit, or the member’s beneficiaries to be eligible for a pension,
the member must have complied with any agreement as t o contributions
by the member and other members to any funds of the System where
said the agreement has been made as provided by this arti cle; and
the State Board must find:
1. That the member incurred a permanent total disability or a
permanent partial disability or died while in, and in consequence
of, the performance of duty as an o fficer; or
2. That such member has served ten (10) year s and incurred a
permanent total disability or a permanent partial disability or has
died from any cause.
C. In the event of the death of any member who has been awarded
a disability benefit or is el igible therefor as provided in this
article, the member’s beneficiary shall be paid the benefit.
D. 1. As of the date of determination by the State Board that
a member is physically or mentally disabled and that the disabili ty
is permanent and partial or permanent and total as was incurred
while in, and in consequence of, the performance or duty as an
officer has a permanent in-line disability, the member shall be
awarded a normal disability benefit on the basis of the percen tage
of impairment to the whol e person, as defined by the most current
standards of the impairment as outlined in the "American Medical
Association's Guides to the Evaluation of Permanent Impairment ", as RBH No. 10793
ENR. S. B. NO. 743 Page 16
provided in the following table or as prescribed by paragraph 2 of
this subsection with respect to injuries sustained as a result of a
violent act:
1% to 49% impairment to whole person = 50% of the normal
disability benefit
50% to 74% impairment to whole person = 75% of the normal
disability benefit
75% to 100% impairment to whole per son = 100% of the normal
disability benefit, as defined in Section 50 -101 of this title.
2. If an injury to a member results from a violent act as
defined by this paragraph while in the performance of his or her
duties as a police officer, the State Board shall make a
determination that the member has sustain ed a one-hundred-percent
disability and shall make the benefit award in accordance with that
standard. As used in this paragraph, "violent act" means a violent
attack upon the member by means of a dan gerous weapon, including,
but not limited to, a firearm , knife, automobile, explosive device
or other dangerous weapon.
E. If the participating municipality denies a disabled member
the option of continuing employment instead of retiring on a
disability pension, then the burden of proof rests with the
participating municipality to show cause to the State Board that
there is no position as a sworn officer within the police department
of that municipality which the member can fill.
F. Upon determination by the State Board that a member is
physically or mentally disabled and that the disability is permanent
and total and that the member has completed ten (10) years of
credited service and is disabled by any cause, the member shall
receive a disability benefit on the basis of the member’s accrued
retirement benefit. A permanent and total impairment equates to one
hundred percent (100%) of accrued retirement benefit.
G. Upon determination by the State Board that a member is
physically or mentally disabled and that the disability is permanent
and partial and that t he member has completed ten (10) years of
credited service as a member and is disabled from any cause, the RBH No. 10793
ENR. S. B. NO. 743 Page 17
member shall be awarded a disability benefit on the basis of the
member’s years of credited se rvice as a member and the percentage of
impairment to the whole person, as defined by the most current
standards of the impairment as outlined in the "American Medical
Association’s Guides to the Evaluation of Permanent Impairment ", on
the basis of the fol lowing table:
1% to 24% impaired = 25% of accrued retir ement benefit
25% to 49% impaired = 50% of accrued retirement benefit
50% to 74% impaired = 75% of accrued retirement benefit
75% to 99% impaired = 90% 100% of accrued retirement benefit.
H. Before making a finding as to the disability of a member,
the State Board shall require that, if the member is able, the
member shall make a certificate as to the disability which shall be
subscribed and sworn to by the member. It shall also require a
certificate as to such disability to be made by some physician
licensed to practice in this state as selected by the State Board.
The State Board may requi re other evidence of disability before
making the disability benefit. The salary of any such member shall
continue while the member is so necessarily confined to such
hospital bed or home and necessarily requires medical care or
professional nursing on ac count of such sickness or disability for a
period of not more than six (6) months, after which said the period
the other provisions of this article may apply. The State B oard, in
making disability benefits, shall act upon the written request of
the member or without such request, if it deem it for the good of
the police department. Any disability benefits shall ce ase when the
member receiving same shall be restored to act ive service at a
salary not less than three-fourths (3/4) of the member’s average
monthly salary.
I. Any member of a police department of any municipality who,
in the line of duty, has been expose d to hazardous substances,
including but not limited to che micals used in the manufacture of a
controlled dangerous substance or chemicals resul ting from the
manufacture of a controlled dangerous substance, or to blood -borne
pathogens and who is later disa bled from a condition that was the
result of such exposure and that was not revealed by the physical RBH No. 10793
ENR. S. B. NO. 743 Page 18
examination passed by the member upon entry into the System shall be
presumed to have incurred such disability while performing the
officer’s duties unless the contrary is shown by competent evidence.
The presumption created by this subsection shall have no application
whatever to any workers’ compensation claim or claims, and it shall
not be applied or be relied upon in any way in workers ’ compensation
proceedings. All compensation or benefits due to any member
pursuant to the presumption created by this subsection shall be paid
solely by the system.
J. If the requirements of Section 50-114.4 of this title are
satisfied, a member who, by reason of disabil ity, is separated from
service as a public safety officer w ith the member’s participating
municipality, may elect to have payment made directly to the
provider for qualified health insurance premiums by deduction from
his or her monthly disability benefit, after December 31, 2006, in
accordance with Section 402(l) of the Internal Revenue Code of 1986,
as amended.
SECTION 4. Section 1 of this act shall become effective October
1, 2022.
SECTION 5. Sections 2 and 3 of this act shall become effective
November 1, 2022.
RBH No. 10793
ENR. S. B. NO. 743 Page 19
Passed the Senate the 16th day of May, 2022.
Presiding Officer of the Se nate
Passed the House of Representatives the 20th day of April, 2022.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _______________________________ __
Approved by the Governor of the State of Oklahoma this _____ ____
day of _________________ __, 20_______, at _______ o'clock _______ M.
___________________________ ______
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _______________________________ __