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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1824 By: May of the House
and
Stephens of the Senate
COMMITTEE SUBSTITUTE
An Act relating to public retirement systems;
amending 11 O.S. 2021, Section 49-113.2, which
relates to the Oklahoma Firefig hters Pension and
Retirement System; amending 11 O.S. 2021, Section 50 -
115.2, which relates to the Oklahoma Police Pension
and Retirement System; modifying death benefit
amounts; providing an effective date; and declaring
an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF O KLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2021, Section 49 -113.2, is
amended to read as follows:
Section 49-113.2 A. Upon the death of an active or retired
member, the System shall pay to the survivi ng spouse of the member
if the surviving spouse has been married to the firefi ghter for
thirty (30) continuous months preceding the member 's death provided
a surviving spouse of a member who died while in, or as a
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consequence of, the performance of the mem ber's duty for a
participating municipality shall not be subject to the marria ge
limitation for survivor benefits, or if there is no surviv ing spouse
or no surviving spouse meeting the requirements of this section, the
System shall pay to the designated re cipient or recipients of the
member, or if there is no designated recipient or if the designated
recipient predeceases the member, to the e state of the member, the
sum of Four Thousand Dollars ($4,000.00) for those active or retired
members who died prior to July 1, 1999. For those active or retired
members who die on or after July 1, 1999, but prior to the effective
date of this act, the sum shall be Five Thousand Dollars
($5,000.00). For those active or retired m embers who die on or
after the effective date of this act, the sum shall be Seven
Thousand Five Hundred Dollars ($7,500.00).
B. Upon the death of a member who dies leaving no living
designated recipient or having designated the member 's estate as
recipient, the System may pay any applicable deat h benefit which may
be subject to probate, in an amount of Five Thousand Dolla rs
($5,000.00), to the heir or heirs of the member without the
intervention of a probate court or probate procedures. For a death
benefit paid on or after the effective date of this act pursuant to
this subsection, the amount of such benefit shall be Seve n Thousand
Five Hundred Dollars ($7,500.00).
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C. 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:
1. The member's last will and testament if available ;
2. An affidavit or affidavits of heirship which must contain:
a. the names and signatures of all claiming heirs to the
deceased member's estate including the claiming heirs '
names, relationship to the deceased member, current
addresses and current telep hone numbers,
b. a statement or statements by the claiming heirs that
no application or petition for the appointmen t of a
personal representative is pending or has been granted
in any jurisdiction,
c. a statement that the value of the deceased member 's
entire probate estate, less liens and encumbrances,
does not exceed the doll ar limit pursuant to Section
393 of Title 58 of the Oklahoma Statutes, including
the payment of benefits from the Syste m, and
d. a statement by each individual claiming heir
identifying the amount of personal property that the
heir is claiming from the Sys tem or the amount the
heir agrees to be pa id to another person, and that the
heir has been notified of, is aware of and consents to
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the identified claims of all the other claiming hei rs
of the deceased member pending with the System;
3. A written agreemen t 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;
4. A corroborating affidavit from an individual other than a
claiming heir, who was familiar with the affairs of the deceased
member; and
5. Proof that funeral and burial expenses of the deceased
member have been paid or provided for.
D. The System shall r etain complete discretion in determining
which requests for probate waiver ma y be granted or denied, for any
reason. Should the System have any questions as to the validity of
any document presented by the claimin g heirs, or as to any statement
or assertion contained therein, the probate requirements provided
for in Section 1 et s eq. of Title 58 of the Oklahoma Statutes shall
not be waived.
E. After paying any death benefits to any claiming heirs as
provided pursuant to this section, the System is dischar ged and
released from any and all liability, obligation and costs to the
same extent as if the System had paid a personal representative
holding valid letters testamentary issued by a court of competent
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jurisdiction. The System is not required to inquire into the truth
of any matter specified in this section or into the payment of any
estate tax liability.
F. The provisions of this section sh all not be subject to
qualified domestic orders as provided in subsection B of Section 49-
126 of this title.
G. 1. For purposes of this section, if a person makes a
qualified disclaimer with respect to the death benefit provided for
in subsection A of th is section, this section shall apply with
respect to such death benefit a s if the death benefit had never been
transferred to such person.
2. For purposes of this subsection, the term "qualified
disclaimer" means an irrevocable and unqualified refusal by a
person, including but not limited to the surviving spouse of the
deceased member, to accept an interest in the de ath benefit provided
for in subsection A of this section, but only if:
a. such refusal is in writing,
b. such writing is received by the Syst em not later than
the date which is nine (9) months after the date of
death of the deceased member,
c. such person has not accepted the death benefit
provided for in subsection A of this secti on, and
d. as a result of such refusal, the death benefit
provided for in subsection A of this section passes
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without any direction on th e part of the person making
the disclaimer and passes first, to the organization
providing funeral and burial services for the deceased
member or, if the cost of the funeral and buria l
services for the deceased member has already been
paid, to the person o r persons other than the person
making the disclaimer as further provided for in this
section.
SECTION 2. AMENDATORY 11 O.S. 2021, Section 50 -115.2, is
amended to read as follows:
Section 50-115.2 Upon the death of an active or r etired member,
the Oklahoma Police Pension and Retirement Sy stem shall pay to the
beneficiary of the member under paragraph 13 of Section 50-101 of
this title or if there is no such beneficiary or if such beneficiary
predeceases the member, to the member's estate or, if properly
designated by the member, to a trust, the sum of Four Thousand
Dollars ($4,000.00) as a death benefit for those active or retired
members who died prior to Jul y 1, 1999. For those active or retired
members who die on or after July 1, 1999, but prior to the effective
date of this act, the sum shall be Five Thousand Dollars
($5,000.00). For those active or retired members who die on or
after the effective date of this act, the sum shall be Seven
Thousand Five Hundred Doll ars ($7,500.00).
SECTION 3. This act shall become effective July 1, 2024.
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SECTION 4. It being immediate ly necessary for the preservation
of the public peace, hea lth or safety, an emergency is hereby
declared to exist, by reason whereo f this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON BANKING, FINANCIAL SERVICES AND
PENSIONS, dated 02/27/202 4 - DO PASS, As Amended and Coauthored.