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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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