§ 11-49-109. Retirement for disability - Restoration to service - Disability not in line of duty.

A.  Whenever any firefighter serving in any capacity in a regularly constituted fire department of a municipality shall become so physically or mentally disabled while in, or in consequence of, the performance of the firefighter’s duty as to prevent the effective performance of the firefighter’s duties, the State Board may, upon the firefighter’s written request, or without such request if the State Board deems it for the good of the department, retire the firefighter from active service, and if so retired, shall direct that the firefighter be paid from the System a monthly pension equal to the greater of:

1.  Fifty percent (50%) of the average monthly salary which was paid to the firefighter during the last thirty (30) months of the firefighter’s service; or

2.  Two and one-half percent (2 1/2%) of the firefighter’s final average salary multiplied by the member’s years of credited service, not to exceed thirty (30) years, provided such firefighter has completed twenty (20) or more years of credited service.

B.  If the disability ceases within two (2) years from the date of the firefighter’s disability retirement and before the firefighter’s normal retirement date, the formerly disabled person shall be restored to active service at the salary attached to the rank the firefighter held at the time of the firefighter’s disability retirement provided the firefighter is capable of performing the duties of a firefighter.  Whenever such disability shall cease, such disability pension provided pursuant to paragraph 1 of subsection A of this section shall cease.  If a firefighter participates in the Oklahoma Firefighters Deferred Option Plan pursuant to Section 49-106.1 of this title, the firefighter’s disability pension provided pursuant to this subsection shall be reduced to account for the firefighter’s participation in the Oklahoma Firefighters Deferred Option Plan.

C.  Whenever any firefighter, who has served in any capacity in a regularly constituted fire department of a municipality of the state, and who has served less than the firefighter’s normal retirement date, shall become so physically or mentally disabled from causes not arising in the line of duty as to prevent the effective performance of the firefighter’s duties, the firefighter shall be entitled to a pension during the continuance of said disability based upon the firefighter’s service period which shall be fifty percent (50%) of the average monthly salary which was paid to the firefighter during the last sixty (60) months of the firefighter’s service.

D.  No firefighter shall accrue additional service time while receiving a disability pension; provided further, that nothing herein contained shall affect the eligibility of any firefighter to apply for and receive a retirement pension after the firefighter’s normal retirement date; provided further, that no firefighter shall receive retirement benefits from the System during the time the firefighter is receiving disability benefits from the System.  Any member or beneficiary eligible to receive a monthly benefit pursuant to this section may make an election to waive all or a portion of monthly benefits.

E.  If the requirements of Section 4 of this act are satisfied, a member who, by reason of disability, is separated from service as a public safety officer with 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(1) of the Internal Revenue Code of 1986, as amended.

Added by Laws 1977, c. 256, § 49-109, eff. July 1, 1978.  Amended by Laws 1980, c. 352, § 17, eff. Jan. 1, 1981; Laws 1985, c. 222, § 6, emerg. eff. July 8, 1985; Laws 2004, c. 546, § 4, eff. July 1, 2004; Laws 2006, 2nd Ex.Sess., c. 46, § 13, eff. July 1, 2006; Laws 2007, c. 345, § 5, eff. July 1, 2007.