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An Act
ENROLLED HOUSE
BILL NO. 3265 By: George, Deck, and Hefner of
the House
and
Frix of the Senate
An Act relating to retirement; amending 11 O.S. 2021,
Section 50-115, as last amended by Section 7, Chapter
151, O.S.L. 2023 (11 O.S. Supp. 2025, Section 50-
115), which relates to the Oklahoma Police Pension
and Retirement System; defining term; permitting
psychologist to make certain certification; providing
requirement for continuing salary; and providing an
effective date.
SUBJECT: Retirement
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2021, Section 50-115, as
last amended by Section 7, Chapter 151, O.S.L. 2023 (11 O.S. Supp.
2025, Section 50-115), is amended to read as follows:
Section 50-115. A. The State Board is authorized to pay a
disability benefit to a member of the System or a pension to the
beneficiaries of such member eligible as hereinafter provided, not
exceeding the accrued retirement benefit of the member, except as
otherwise provided in this article. Such disability benefit shall
be payable immediately upon determination of eligibility. Any
preexisting condition identified at the time of any initial or
subsequent membership shall be used to offset the percentage of
impairment to the whole person in determining any disability
benefit. Once the initial disability benefit has been awarded by
the Board on the basis of the percentage of impairment to the whole
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ENR. H. B. NO. 3265 Page 2
person, the member shall have no further recourse to increase the
awarded percentage of impairment.
B. In order for any member to be eligible for any disability
benefit, or the member's beneficiaries to be eligible for a pension,
the member must have complied with any agreement as to contributions
by the member and other members to any funds of the System where the
agreement has been made as provided by this article; and the State
Board must find:
1. That the member incurred a permanent total disability or a
permanent partial disability or died while in, and in consequence
of, the performance of duty as an officer; or
2. That such member has served ten (10) years and incurred a
permanent total disability or a permanent partial disability or has
died from any cause.
C. In the event of the death of any member who has been awarded
a disability benefit or is eligible therefor as provided in this
article, the member's beneficiary shall be paid the benefit.
D. 1. As of the date of determination by the State Board that
a member has a permanent in-line disability, the member shall be
awarded a normal disability benefit, as defined in Section 50-101 of
this title.
2. If an injury to a member results from a violent act as
defined by this paragraph while in the performance of his or her
duties as a police officer, the State Board shall make a
determination that the member has sustained a one-hundred-percent
disability and shall make the benefit award in accordance with that
standard. As used in this paragraph, "violent act" means a violent
attack upon the member by means of a dangerous weapon including, but
not limited to, a firearm, knife, automobile, explosive device or
other dangerous weapon.
E. If the participating municipality denies a disabled member
the option of continuing employment instead of retiring on a
disability pension, then the burden of proof rests with the
participating municipality to show cause to the State Board that
there is no position as a sworn officer within the police department
of that municipality which the member can fill.
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ENR. H. B. NO. 3265 Page 3
F. Upon determination by the State Board that a member is
physically or mentally disabled and that the disability is permanent
and total and that the member has completed ten (10) years of
credited service and is disabled by any cause, the member shall
receive a disability benefit on the basis of the member's accrued
retirement benefit. A permanent and total impairment equates to one
hundred percent (100%) of accrued retirement benefit.
G. For purposes of this section, a "mental health specialist"
means a psychiatrist licensed by the State Board of Medical
Licensure and Supervision, a psychologist licensed by the Oklahoma
State Board of Examiners of Psychologists, or a Licensed
Professional Counselor, Licensed Marital and Family Therapist, or
Licensed Behavioral Practitioner licensed by the State Board of
Behavioral Health Licensure.
H. Upon determination by the State Board that a member is
physically or mentally disabled and that the disability is permanent
and partial and that the member has completed ten (10) years of
credited service as a member and is disabled from any cause, the
member shall be awarded a disability benefit on the basis of the
member's years of credited service as a member and the percentage of
impairment to the whole person, as defined by the standards of the
impairment as outlined in the "American Medical Association's Guides
to the Evaluation of Permanent Impairment", on the basis of the
following table:
1% to 49% impaired = 50% of accrued retirement benefit
50% to 74% impaired = 75% of accrued retirement benefit
75% to 99% impaired = 100% of accrued retirement benefit.
H. I. Before making a finding as to the disability of a member,
the State Board shall require that, if the member is able, the
member shall make a certificate as to the disability which shall be
subscribed and sworn to by the member. It shall also require a
certificate as to such disability to be made by some physician
licensed to practice in this state, or a psychologist for mental
disability applications, as selected by the State Board. The State
Board may require other evidence of disability before making the
disability benefit. The salary of any such member shall continue
while the member is so necessarily undergoing treatment, confined to
such hospital bed or home, and necessarily requires medical care or
professional nursing on account of such sickness or disability for a
RBH No. 14505
ENR. H. B. NO. 3265 Page 4
period of not more than six (6) months, after which the period the
other provisions of this article may apply. The State Board, in
making disability benefits, shall act upon the written request of
the member or without such request, if it deem it for the good of
the police department. Any disability benefits shall cease when the
member receiving same shall be restored to active service at a
salary not less than three-fourths (3/4) of the member's average
monthly salary.
I. J. Any member of a police department of any municipality
who, in the line of duty, has been exposed to hazardous substances
including but not limited to chemicals used in the manufacture of a
controlled dangerous substance or chemicals resulting from the
manufacture of a controlled dangerous substance, or to blood-borne
pathogens and who is later disabled from a condition that was the
result of such exposure and that was not revealed by the physical
examination passed by the member upon entry into the System shall be
presumed to have incurred such disability while performing the
officer's duties unless the contrary is shown by competent evidence.
The presumption created by this subsection shall have no application
whatever to any workers' compensation claim or claims, and it shall
not be applied or be relied upon in any way in workers' compensation
proceedings. All compensation or benefits due to any member
pursuant to the presumption created by this subsection shall be paid
solely by the system System.
J. K. If the requirements of Section 50-114.4 of this title 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(l) of the Internal Revenue Code of 1986,
as amended. For distributions made after December 29, 2022, the
election provided for under Section 402(l) of the Internal Revenue
Code of 1986, as amended, may be made whether payment of the
premiums is made directly to the provider of the accident or health
plan or qualified long-term care insurance contract by deduction
from a distribution from the System or is made to the member.
SECTION 2. This act shall become effective November 1, 2026.
RBH No. 14505
ENR. H. B. NO. 3265 Page 5
Passed the House of Representatives the 24th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the 4th day of May, 2026.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
THOMAS E. CUMMINS CONSULTING ACTUARY, INC.
2512 E. 71st Street , Suite D ∙ Tulsa, Oklahoma 74136
(918) 492-9658 ∙ (918) 492- 9659
January 13, 2026
Representative George
Room 504
Re: RBH No. 14505
RBH No. 14505 defines mental health specialist for purposes
determing disability in the Police Retirement and Pension System.
RBH No. 14505 is a non fiscal bill as defined by OPLAAA.
I am a member of the American Academy of Actuaries and meet the
Qualification Standards of the American Academy of Actuaries to
render the actuarial opinion herein.
Thomas E. Cummins
Thomas E. Cummins, MAAA