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RBH No. 15109
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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 4212 By: Ford
AS INTRODUCED
An Act relating to retirement; amending 62 O.S. 2021,
Section 3103, as last amended by Section 2, Chapter
361, O.S.L. 2024 (62 O.S. Supp. 2025, Section 3103),
which relates to the Oklahoma Pension Legislation
Actuarial Analysis Act; modifying terms; amending 47
O.S. 2021, Section 2-306, which relates to the
Oklahoma Law Enforcement Retirement System; providing
for payments in case of death; allowing for continued
payments in case of remarriage; removing exception
for remarriage by a certain date; and providing
effective dates.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 62 O.S. 2021, Section 3103, as
last amended by Section 2, Chapter 361, O.S.L. 2024 (62 O.S. Supp.
2025, Section 3103), is amended to read as follows:
Section 3103. As used in the Oklahoma Pension Legislation
Actuarial Analysis Act:
1. "Amendment" means any amendment, including a substitute
bill, made to a retirement bill by any committee of the House of
Representatives or Senate, any conference committee of the House or
Senate or by the House or Senate;
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2. "RB number" means that number preceded by the letters "RB"
assigned to a retirement bill by the respective staffs of the
Oklahoma State Senate and the Oklahoma House of Representatives when
the respective staff office prepares a retirement bill for a member
of the Legislature;
3. "Legislative Actuary" means the firm or entity that enters
into a contract with the Legislative Service Bureau pursuant to
Section 452.15 of Title 74 of the Oklahoma Statutes to provide the
actuarial services and other duties provided for in the Oklahoma
Pension Legislation Actuarial Analysis Act;
4. "Nonfiscal amendment" means an amendment to a retirement
bill having a fiscal impact, which amendment does not change any
factor of an actuarial investigation specified in subsection A of
Section 3109 of this title;
5. "Nonfiscal retirement bill" means a retirement bill:
a. which does not affect the cost or funding factors of a
retirement system,
b. which affects such factors only in a manner which does
not:
(1) grant a benefit increase under the retirement
system affected by the bill,
(2) create an actuarial accrued liability for or
increase the actuarial accrued liability of the
retirement system affected by the bill, or
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(3) increase the normal cost of the retirement system
affected by the bill,
c. which authorizes the purchase by an active member of
the retirement system, at the actuarial cost for the
purchase as computed pursuant to the statute in effect
on the effective date of the measure allowing such
purchase, of years of service for purposes of reaching
a normal retirement date in the applicable retirement
system, but which cannot be used in order to compute
the number of years of service for purposes of
computing the retirement benefit for the member,
d. which provides for the computation of a service-
connected disability retirement benefit for members of
the Oklahoma Law Enforcement Retirement System
pursuant to Section 2-305 of Title 47 of the Oklahoma
Statutes if the members were unable to complete twenty
(20) years of service as a result of the disability,
e. which requires membership in the defined benefit plan
authorized by Section 901 et seq. of Title 74 of the
Oklahoma Statutes for persons whose first elected or
appointed service occurs on or after November 1, 2018,
if such persons had any prior service in the Oklahoma
Public Employees Retirement System prior to November
1, 2015,
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f. which provides for a one-time increase in retirement
benefits if the increase in retirement benefits is not
a permanent increase in the gross annual retirement
benefit payable to a member or beneficiary, occurs
only once pursuant to a single statutory authorization
and does not exceed:
(1) the lesser of two percent (2%) of the gross
annual retirement benefit of the member or One
Thousand Dollars ($1,000.00) and requires that
the benefit may only be provided if the funded
ratio of the affected retirement system would not
be less than sixty percent (60%) but not greater
than eighty percent (80%) after the benefit
increase is paid,
(2) the lesser of two percent (2%) of the gross
annual retirement benefit of the member or One
Thousand Two Hundred Dollars ($1,200.00) and
requires that the benefit may only be provided if
the funded ratio of the affected retirement
system would be greater than eighty percent (80%)
but not greater than one hundred percent (100%)
after the benefit increase is paid,
(3) the lesser of two percent (2%) of the gross
annual retirement benefit of the member or One
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Thousand Four Hundred Dollars ($1,400.00) and
requires that the benefit may only be provided if
the funded ratio of the affected retirement
system would be greater than one hundred percent
(100%) after the benefit increase is paid, or
(4) the greater of two percent (2%) of the gross
annual retirement benefit of the volunteer
firefighter or One Hundred Dollars ($100.00) for
persons who retired from the Oklahoma
Firefighters Pension and Retirement System as
volunteer firefighters and who did not retire
from the Oklahoma Firefighters Pension and
Retirement System as a paid firefighter.
As used in this subparagraph, "funded ratio" means the
figure derived by dividing the actuarial value of
assets of the applicable retirement system by the
actuarial accrued liability of the applicable
retirement system,
g. which modifies the disability pension standard for
police officers who are members of the Oklahoma Police
Pension and Retirement System as provided by Section
50-115 of Title 11 of the Oklahoma Statutes,
h. which provides a cost-of-living benefit increase
pursuant to the provisions of:
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(1) Section 49-143.7 of Title 11 of the Oklahoma
Statutes,
(2) Section 50-136.9 of Title 11 of the Oklahoma
Statutes,
(3) Section 1104K of Title 20 of the Oklahoma
Statutes,
(4) Section 2-305.12 of Title 47 of the Oklahoma
Statutes,
(5) Section 17-116.22 of Title 70 of the Oklahoma
Statutes,
(6) Section 930.11 of Title 74 of the Oklahoma
Statutes,
i. which modifies the computation of the line-of-duty
disability benefit pursuant to the provisions of this
section and Sections 50-101 and 50-115 of Title 11 of
the Oklahoma Statutes, or
j. which authorizes membership in the Oklahoma Law
Enforcement Retirement System for active commissioned
or CLEET-certified agents of the Office of the
Attorney General or the Military Department of the
State of Oklahoma pursuant to Sections 3 2-309.9 and 4
2-309.10 of this act Title 47 of the Oklahoma
Statutes, or
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k. which modifies survivor benefit provisions pursuant to
Section 2 of this act.
A nonfiscal retirement bill shall include any retirement bill that
has as its sole purpose the appropriation or distribution or
redistribution of monies in some manner to a retirement system for
purposes of reducing the unfunded liability of such system or the
earmarking of a portion of the revenue from a tax to a retirement
system or increasing the percentage of the revenue earmarked from a
tax to a retirement system;
6. "Reduction-in-cost amendment" means an amendment to a
retirement bill having a fiscal impact which reduces the cost of the
bill as such cost is determined by the actuarial investigation for
the bill prepared pursuant to Section 3109 of this title;
7. "Retirement bill" means any bill or joint resolution
introduced or any bill or joint resolution amended by a member of
the Legislature which creates or amends any law directly affecting a
retirement system. A retirement bill shall not mean a bill or
resolution that impacts the revenue of any state tax in which a
portion of the revenue generated from such tax is earmarked for the
benefit of a retirement system;
8. "Retirement bill having a fiscal impact" means any
retirement bill creating or establishing a retirement system and any
other retirement bill other than a nonfiscal retirement bill; and
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9. "Retirement system" means the Teachers' Retirement System of
Oklahoma, the Oklahoma Public Employees Retirement System, the
Uniform Retirement System for Justices and Judges, the Oklahoma
Firefighters Pension and Retirement System, the Oklahoma Police
Pension and Retirement System, the Oklahoma Law Enforcement
Retirement System, or a retirement system established after January
1, 2006.
SECTION 2. AMENDATORY 47 O.S. 2021, Section 2-306, is
amended to read as follows:
Section 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:
a. equal to two and one-half percent (2 1/2%),
b. multiplied by:
(1) twenty (20) years of service, regardless of the
actual number of years of credited service
performed by the member prior to the date of
death if the member had performed less than
twenty (20) years of service, or
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(2) the actual number of years of service performed
by the member if the member had performed twenty
(20) or more years of service,
c. multiplied by a final average salary equal to:
(1) the salary which the member would have received
pursuant to statutory salary schedules in effect
upon the date of death for twenty (20) years of
service if the member did not actually perform
twenty (20) years of service prior to death. The
final average salary for a member who performed
less than twenty (20) years of service prior to
death shall be computed assuming that the member
was paid the highest salary allowable pursuant to
the law in effect at the time of the member's
death based upon twenty (20) years of service and
with an assumption that the member was eligible
for any and all increases in pay based upon rank
during the entire period. If the salary of a
member is not prescribed by a specific salary
schedule upon the date of the member's death, the
final average salary for the member shall be
computed by the member's actual final average
salary or the highest median salary amount for a
member whose salary was prescribed by a specific
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salary schedule upon the date of the member's
death, whichever final average salary amount
would be greater, or
(2) the actual final average salary of the member if
the member had performed twenty (20) or more
years of service prior to death; 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 E 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 receiving, or eligible to receive, a
disability benefit pursuant to subsection E or F of Section 2-305 of
this title, an amount equal to the member's monthly payments
pursuant to subsection E or F of Section 2-305 of this title; or
5. If said member was receiving, or eligible to receive, a
disability benefit pursuant to subsection G of Section 2-305 of this
title, an amount equal to the member's monthly payments pursuant to
subsection G of Section 2-305 of this title; or
6. 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.
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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 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 and the compensation shall be paid
to the surviving spouse during the entire period of survivorship,
even if the surviving spouse remarries; 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; or
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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
subsection 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 subsection. 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 subsection 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.
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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,
Four Hundred Dollars ($400.00) 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
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made in an amount equal to a full monthly benefit payment regardless
of the day of the month in which the retired member died.
SECTION 3. Section 1 of this act shall become effective October
1, 2026.
SECTION 4. Section 2 of this act shall become effective
November 1, 2026.
60-2-15109 CMA 01/14/26
THOMAS E. CUMMINS CONSULTING ACTUARY, INC.
2512 E. 71st Street , Suite D ∙ Tulsa, Oklahoma 74136
(918) 492-9658 ∙ (918) 492- 9659
January 14, 2026
Representative Ford
Room 300
Re: RBH No. 15109
RBH No. 15109 would allow the surviving spouse of an OLERS
participant to remarry and continue receiving the survivorship
benefit, provided the surviving spouse had been married to the
participant for at least 30 months or the participant died in the
line of duty.
OPLAAA is amended to define the above change to non fiscal.
RBH No. 15109 is a non fiscal bill as defined by OPLAAA as amended.
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