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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1201 By: Pugh
AS INTRODUCED
An Act relating to veterans; enacting the Oklahoma
Service Lives On Act of 2024; providing short title;
defining terms; establis hing the Oklahoma veteran’s
remarried surviving spouse pension; providing for
qualifications, application , denial, termination, and
rate calculation; directing promu lgation of rules;
providing for codification; and p roviding an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 8 of Title 72, unless there is
created a duplication in numbering , reads as follows:
A. This section shall be known and may be cited as the
“Oklahoma Service Lives On Act of 2024”.
B. As used in this section :
1. “Federal surviving spouse pension ” means the pension paid by
the United States Secretary of Veterans Affairs under 38 U.S.C.,
Section 1541 to the surviving spouse of each veteran of a period of
war who met the service requirements prescribed in 38 U.S.C.,
Section 1521(j), or who at the time of death was receiving (or
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entitled to receive) compensation or retirement pay for a service -
connected disability;
2. The terms “period of war” and “veteran” have the same
meaning as provided by 38 U.S.C., Section 101; and
3. “Surviving spouse” has the same meaning as provided by 38
U.S.C., Section 101, except that a person who has remarried or (in
cases not involving remarriage) has since the death of the veteran,
and after September 19, 1962, lived with another person and held
himself or herself out openly to the public to be the spouse of such
other person, but who meets all other criteria of a surviving spouse
as defined in 38 U.S.C., Section 101, shall be considered a
surviving spouse for the limited purpose of qualifying for the
pension established by this section .
C. There is hereby established the Oklahoma veteran’s remarried
surviving spouse pension, which shall be payable by the Oklahoma
Department of Veterans Affairs to qualifying surviving spouses as
provided by this section.
D. The Oklahoma veteran’s remarried surviving spouse pension
shall be available to surviving spouses residing in this s tate whose
federal surviving spouse pension has been terminated by the United
States Department of Veterans Affairs solely on the basis of the
spouse remarrying or (in cases not involving remarriage) since the
death of the veteran, and after September 19, 1962, living with
another person and holding himself or herself out openly to t he
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public to be the spouse of such other person , but who meet all other
eligibility criteria for the federal survi ving spouse pension as
provided by 38 U.S.C., Chapter 15, Subchapter III and 38 C.F.R.,
Part 3, Subpart A.
E. The Oklahoma Department of Veterans Affairs shall create an
application process for the Oklahoma veteran’s remarried surviving
spouse pension and shall approve surviving spouse applica nts who
meet the qualifications of subsection D of this section. The
Department shall deny or terminat e the Oklahoma veteran’s remarried
surviving spouse pension if the Department finds that a surviving
spouse applying for or receiving such pension does not meet the
qualifications of subsection D of this section.
F. The Oklahoma veteran’s remarried surviving spouse pension
shall be paid to surviving spouses deemed qualified by the Oklahoma
Department of Veterans Affairs at the same rate as would be paid to
the federal surviving spouse pension prescribed by 38 U.S.C.,
Section 1541, as increased from time to time under 38 U.S.C.,
Section 5312, and subject to any other adjustments provided by
federal law or regulation .
G. The Oklahoma Veterans Commission shall pr omulgate rules to
implement the provisions of this section.
SECTION 2. This act shall become effective November 1, 2024.
59-2-2330 DC 11/9/2023 11:08:55 AM