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§47-2-306.


§47-2-306.
   
   A. Upon the death of a retired member or upon the death of any member
   prior to retirement or other termination of covered employment, a
   monthly pension shall be paid which shall be in an amount as provided
   below:
   
   1. If the member was not retired and death occurred as the direct
   result of the performance of the member's duties as an officer, an
   amount equal to the monthly payments which would have been received by
   the member under subsection C of Section 2-305 of this title, had the
   member been totally disabled; or
   
   2. If the member was not retired and death occurred other than as the
   direct result of the performance of the member's duties as an officer,
   an amount equal to the monthly payments which would have been received
   by the member under subsection D of Section 2-305 of this title had
   the member been totally disabled; or
   
   3. If said member was retired for length of service, an amount equal
   to the member's monthly payments; or
   
   4. If said member was retired for total disability, an amount equal to
   the member's monthly payments; or
   
   5. If said member was retired for partial disability, an amount equal
   to the monthly payments which would have been received by said member
   had the member been totally disabled.
   
   B. The pension provided for in subsection A of this section shall be
   paid:
   
   1. Except as provided in paragraph 4 of this subsection, to the
   surviving spouse, provided the surviving spouse was married to the
   member at the time of the member's death, and continuously for the
   thirty (30) months immediately preceding the member's death, provided
   a surviving spouse of a member who died while in, or as a consequence
   of, the performance of the member's duty for the employer, shall not
   be subject to the thirty-month marriage requirement for survivor
   benefits; or
   
   2. If there is no surviving spouse or upon the death of a spouse:
   
   a. to the person having the care and custody of any surviving child or
   children of said member for such time as such child or children are
   under the age of eighteen (18) years, or
   
   b. to the surviving child or children between the age of eighteen (18)
   and twenty-two (22) years if the child is enrolled full time in and is
   regularly attending a public or private school or any institution of
   higher education;
   
   3. If there is no surviving spouse or children under the age of
   eighteen (18) years or under the age of twenty-two (22) years if the
   child is enrolled full time in and is regularly attending a public or
   private school or any institution of higher education, to the
   dependent parent or parents of said member, for life; or
   
   4. In the event a surviving spouse remarried prior to June 7, 1993,
   and was a surviving spouse of a member who died while in, or as a
   consequence of, the performance of the member's duty for the employer,
   the surviving spouse shall be eligible to receive the pension benefits
   provided for in subsection A of this section.
   
   To receive the pension benefits provided for in subsection A of this
   section the surviving spouse falling within this paragraph shall
   submit a written request for such benefits to the Oklahoma Law
   Enforcement Retirement System. The Oklahoma Law Enforcement Retirement
   System shall approve requests by surviving spouses meeting the
   requirements of this paragraph. Upon approval by the Oklahoma Law
   Enforcement Retirement System, the surviving spouse shall be entitled
   to the pension benefits provided for in subsection A of this section
   beginning from the date of approval forward. Pension benefits provided
   to surviving spouses falling within this paragraph shall not apply to
   alter any amount of pension benefits paid or due prior to the Oklahoma
   Law Enforcement Retirement System's approval of the remarried
   surviving spouse's written request for benefits.
   
   No surviving spouse shall receive benefits from this section, Section
   49-113 of Title 11 of the Oklahoma Statutes, or Section 50-117 of
   Title 11 of the Oklahoma Statutes as the surviving spouse of more than
   one member of the Oklahoma Firefighters Pension and Retirement System,
   the Oklahoma Police Pension and Retirement System, or the Oklahoma Law
   Enforcement Retirement System. The surviving spouse of more than one
   member shall elect which member's benefits he or she will receive.
   
   C. In addition to the pension above provided for, if said member
   leaves a surviving spouse and one or more children under the age of
   eighteen (18) years or under the age of twenty-two (22) years if the
   child is enrolled full time in and is regularly attending a public or
   private school or any institution of higher education, One Hundred
   Dollars ($100.00) a month shall be paid from said Fund for the support
   of each surviving child to the person having the care and custody of
   such children during such time as said spouse remains alive and until
   each child reaches the age of eighteen (18) years or reaches the age
   of twenty-two (22) years if the child is enrolled full time in and is
   regularly attending a public or private school or any institution of
   higher education.
   
   D. Upon the death of a retired member, the benefit payment for the
   month in which the retired member died, if not previously paid, shall
   be made to the beneficiary of the member or to the member's estate if
   there is no beneficiary. Such benefit payment shall be made in an
   amount equal to a full monthly benefit payment regardless of the day
   of the month in which the retired member died.
   

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