Oklahoma SB 453: Oklahoma Firefighters Pension and Retirement System; increasing monthly benefit for volunteer firefighters; modifying compensation determination.

Bill Text

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STATE OF OKLAHOMA

1st Session of the 59th Legislature (2023)

COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 453 By: Montgomery

COMMITTEE SUBSTITUTE

An Act relating to the Oklahoma Firefighters Pension
and Retirement System; amending 11 O.S. 2021,
Sections 49-101 and 49-101.2, as amended by Sections
3 and 4, Chapter 232, O.S.L. 2022 (11 O.S. Supp.
2022, Sections 49-101 and 49-101.2), which relate to
volunteer firefighter pension amounts; modifying
volunteer firefighter pension amount; and modifying
compensation determination.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2021, Section 49-101, as
amended by Section 3, Chapter 232, O.S.L. 2022 (11 O.S. Supp. 2022,
Section 49-101), is amended to read as follows:
Section 49-101. A. All retired volunteer firefighters who
qualify for retirement shall be entitled to a monthly pension. The
monthly pension of a volunteer firefighter who retires prior to the
effective date of this act shall be in the amount retired volunteer
firefighters are receiving at the time the volunteer firefighter
begins to receive a pension for each year of credited service not to

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exceed thirty (30) years. Volunteer firefighters who retire on and
after the effective date of this act shall receive a monthly pension
in the amount of Ten Dollars ($10.00) for each year of credited
service not to exceed thirty (30) years. In determining the number
of years of credited service, a fractional year of six (6) months or
more shall be counted as one (1) full year and a fractional year of
less than six (6) months shall not be counted in such determination.
Retired volunteer firefighters of a municipality shall receive a
pension of not less than that which retired volunteer firefighters
of such municipality were receiving on June 30, 1985.
B. A volunteer firefighter who terminates service after
completing ten (10) years of credited service, but less than twenty
(20) years of credited service, shall be entitled to receive a
vested benefit commencing on the date the firefighter reaches fifty
(50) years of age or the date the firefighter would have had twenty
(20) years of credited service had the firefighter’s service
continued uninterrupted, whichever is later. The monthly amount of
such retirement benefit shall be the amount being paid to volunteer
firefighters at the time the member vests multiplied by the number
of years of credited service. Credited service must be established
at the time of the volunteer firefighter’s termination. If a
volunteer firefighter who terminated employment and elected, or was
eligible to elect, a vested benefit dies prior to being eligible to
receive benefits, the volunteer firefighter’s beneficiary, as

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defined in paragraph 16 of Section 49-100.1 of this title, shall be
entitled to the volunteer firefighter’s normal monthly retirement
benefit on the date the deceased volunteer firefighter would have
been eligible to receive the benefit.
SECTION 2. AMENDATORY 11 O.S. 2021, Section 49-101.2, as
amended by Section 4, Chapter 232, O.S.L. 2022 (11 O.S. Supp. 2022,
Section 49-101.2), is amended to read as follows:
Section 49-101.2. Any member serving as an active volunteer
firefighter who receives annual compensation from the fire
department the firefighter is enrolled in as a member of the
Oklahoma Firefighters Pension and Retirement System for services
related to firefighting, other than reimbursement of expenses in
excess of five and one-half (5 1/2) times the annual pension benefit
paid by the System to a retired volunteer firefighter with twenty
(20) years credited service Nine Thousand Nine Hundred Thirty-nine
Dollars and sixty-nine cents ($9,939.69), shall be considered a paid
firefighter and must meet the physical and agility requirements
pursuant to Section 49-116 of this title to continue as an active
member of the System. Credited service earned as a paid firefighter
pursuant to this section shall not be considered actual experience
as a paid firefighter for purposes of meeting the qualifications of
a paid fire chief as provided in Section 29-102 of this title. No
fire department of a participating municipality shall employ a

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volunteer firefighter from another fire department to perform
services relating to firefighting for any compensation of any kind.

59-1-1848 RD 2/13/2023 10:02:13 AM