1965 REGULAR SESSION

POLICE-SERVICE PENSION
CHAPTER 212
H.B. No. 919
An Act relating to cities and towns; amending 11 O.S.1961, §
541k; authorizing payment of police pension to retired
policemen subsequently employed by another municipal
police department; providing that a retired policeman
shall not participate in the retirement benefits of more
than one municipal police department; and declaring an
emergency.
Be it enacted by the People of the State of Oklahoma:
Section 1. 11 O.S.1961, § 541k, is hereby amended to read as follows:
§ 541k. Service pension to policemen-Amount-Eligibility-Pay-
ment to widow, child or children-Return of contributions
Every city or town, which has in its regular employ one or more police-
men and which has established a Board of Trustees as by this act, or
amendments thereto, is hereby authorized and empowered to pay out of
any funds, in its Pension and Retirement System, a service pension to
any policeman eligible as hereinafter provided in such amount as said
city or town shall by ordinance provide, not exceeding in any event the
amount of money in such funds and not exceeding in any event one-half of
the average annual compensation of any such policeman during the last
five years, except as provided for herein. In order for a policeman to be
eligible for such service pension, his service with the Police Department
for any such city or town must have ceased, he must have served for a
period of twenty years or more in some Police Department in the State
of Oklahoma of a standard equivalent to that required for eligibility
under this act, or amendments thereto, five years of which service shall
have been consecutive immediately preceding the end of such period and
with the city or town paying said pension, and he must conform also to
such other and additional conditions as to service as such city or town
shall by ordinances provide, and he must have complied with any agree-
ment as to contributions by him and other policemen to any funds of
such Pension and Retirement System where said agreement has been
made as by this act or amendments thereto; Provided, that should said
pensioner receive disability benefits as provided in this and other sections
of the statute, the time he is receiving said disability benefits shall count
as time on active service if he should be recalled by the Chief of Police
from said disability retirement. It shall be necessary before said time
shall be counted toward retirement that the policeman make the same
contribution as he would have otherwise made if on active service for
the time he was disabled. Provided, any policeman meeting with all
other requirements of this act, who has served twenty years in accord-
ance with this act, upon his application shall be retired at one-half of the
annual average compensation of such policeman during the last five years
without regard to age. Providing further, any policeman eligible for
retirement under this subsection who served twenty years shall be re-
tired at one-half of the annual average compensation of such policeman
during the last five years, plus two per cent (2%) for each additional

375

Ch. 212

------------

LAWS THIRTIETH LEGISLATURE

year's service in excess of twenty years, not to exceed in any event three-
fourths of the annual average compensation of such policeman during the
last five years. Provided, further, that when a policeman has served for
the necessary number of years and is otherwise eligible as in this act, or
amendments thereto provided, if he is discharged without cause by the
city or town, he shall be eligible for a pension. When a policeman reaches
the age of seventy years he must retire, unless, at the request of the
Chief of Police of said city or town, the Board of Trustees or City Council
grants him an extension of one year, which can be further extended for
one year periods, only at the request of the Chief of Police and any police-
man who shall be retired by reason of having reached said maximum age,
and who is otherwise eligible, may be entitled to receive compensation as
provided in this act regardless of the number of years of his service, pro-
vided that upon reaching the maximum age he shall have been continu-
ously employed as a policeman with the city or town paying the retire-
ment compensation not less than three years immediately prior to the
date of the adoption by such city or town of the Pension and Retirement
System provided for in this act. A retired policeman shall not participate
or receive any benefits in a municipal police department retirement system
other than the municipality from which he is receiving his pension.
In the event of the death of any policeman who has been awarded a
pension or is eligible therefor as provided by the provisions of this act,
or amendments thereto, his widow, child or children shall be paid such
pension, provided, that the same shall cease as to the widow when she
shall remarry or as to the child or children becoming eighteen years of
age. In order for a widow to receive such pension as provided in this
subsection or amendments thereto she must have been the wife of the
policeman at the time of his retirement, and at least five continuous years
prior thereto and not have deserted or abandoned said policeman. Any
such city or town is also authorized and empowered to provide in its
ordinances relating to its Pension and Retirement System for the return
of any contributions made to its Pension and Retirement System by any
policeman, pursuant to any agreement made by this act or amendments
thereto, provided as to contributions by him and other policemen to the
funds of such Pension and Retirement System where any such policeman
has served in the Police Department of any such city or town for a period
of more than one year and contributed to said fund for said period of
time and served less than twenty years in Police Departments of cities
and towns of this State having a standard equivalent to that required
for eligibility under this act or amendments thereto. Provided, that only
those persons retiring after June 30, 1961, shall be entitled to the ad-
ditional active service time authorized herein upon recall from disability
retirement.
Approved June 14, 1965. Emergency.

376

Ch. 212

------------