1| STATE OF OKLAHOMA | | | 2| 2nd Session of the 60th Legislature (2026) | | | 3|HOUSE BILL 3265 By: George | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to retirement; amending 11 O.S. 2021, | | Section 50-115, as last amended by Section 7, Chapter | 8| 151, O.S.L. 2023 (11 O.S. Supp. 2025, Section | | 50-115), which relates to the Oklahoma Police Pension | 9| and Retirement System; defining term; permitting | | psychologist to make certain certification; providing | 10| requirement for continuing salary; and providing an | | effective date. | 11| | | | 12| | | | 13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 14| SECTION 1. AMENDATORY 11 O.S. 2021, Section 50-115, as | | | 15|last amended by Section 7, Chapter 151, O.S.L. 2023 (11 O.S. Supp. | | | 16|2025, Section 50-115), is amended to read as follows: | | | 17| Section 50-115. A. The State Board is authorized to pay a | | | 18|disability benefit to a member of the System or a pension to the | | | 19|beneficiaries of such member eligible as hereinafter provided, not | | | 20|exceeding the accrued retirement benefit of the member, except as | | | 21|otherwise provided in this article. Such disability benefit shall | | | 22|be payable immediately upon determination of eligibility. Any | | | 23|preexisting condition identified at the time of any initial or | | | 24|subsequent membership shall be used to offset the percentage of | | | Req. No. 14505 Page 1 ___________________________________________________________________________
1|impairment to the whole person in determining any disability | | | 2|benefit. Once the initial disability benefit has been awarded by | | | 3|the Board on the basis of the percentage of impairment to the whole | | | 4|person, the member shall have no further recourse to increase the | | | 5|awarded percentage of impairment. | | | 6| B. In order for any member to be eligible for any disability | | | 7|benefit, or the member's beneficiaries to be eligible for a pension, | | | 8|the member must have complied with any agreement as to contributions | | | 9|by the member and other members to any funds of the System where the | | | 10|agreement has been made as provided by this article; and the State | | | 11|Board must find: | | | 12| 1. That the member incurred a permanent total disability or a | | | 13|permanent partial disability or died while in, and in consequence | | | 14|of, the performance of duty as an officer; or | | | 15| 2. That such member has served ten (10) years and incurred a | | | 16|permanent total disability or a permanent partial disability or has | | | 17|died from any cause. | | | 18| C. In the event of the death of any member who has been awarded | | | 19|a disability benefit or is eligible therefor as provided in this | | | 20|article, the member's beneficiary shall be paid the benefit. | | | 21| D. 1. As of the date of determination by the State Board that | | | 22|a member has a permanent in-line disability, the member shall be | | | 23|awarded a normal disability benefit, as defined in Section 50-101 of | | | 24|this title. | | | Req. No. 14505 Page 2 ___________________________________________________________________________
1| 2. If an injury to a member results from a violent act as | | | 2|defined by this paragraph while in the performance of his or her | | | 3|duties as a police officer, the State Board shall make a | | | 4|determination that the member has sustained a one-hundred-percent | | | 5|disability and shall make the benefit award in accordance with that | | | 6|standard. As used in this paragraph, "violent act" means a violent | | | 7|attack upon the member by means of a dangerous weapon including, but | | | 8|not limited to, a firearm, knife, automobile, explosive device or | | | 9|other dangerous weapon. | | | 10| E. If the participating municipality denies a disabled member | | | 11|the option of continuing employment instead of retiring on a | | | 12|disability pension, then the burden of proof rests with the | | | 13|participating municipality to show cause to the State Board that | | | 14|there is no position as a sworn officer within the police department | | | 15|of that municipality which the member can fill. | | | 16| F. Upon determination by the State Board that a member is | | | 17|physically or mentally disabled and that the disability is permanent | | | 18|and total and that the member has completed ten (10) years of | | | 19|credited service and is disabled by any cause, the member shall | | | 20|receive a disability benefit on the basis of the member's accrued | | | 21|retirement benefit. A permanent and total impairment equates to one | | | 22|hundred percent (100%) of accrued retirement benefit. | | | 23| G. For purposes of this section, a "mental health specialist" | | | 24|means a psychiatrist licensed by the Oklahoma Board of Medical | | | Req. No. 14505 Page 3 ___________________________________________________________________________
1|Licensure and Supervision, a psychologist licensed by the Oklahoma | | | 2|State Board of Examiners of Psychologists, or a Licensed | | | 3|Professional Counselor, Licensed Marital and Family Therapist, or | | | 4|Licensed Behavioral Practitioner licensed by the Oklahoma Board of | | | 5|Behavioral Health Licensure. | | | 6| H. Upon determination by the State Board that a member is | | | 7|physically or mentally disabled and that the disability is permanent | | | 8|and partial and that the member has completed ten (10) years of | | | 9|credited service as a member and is disabled from any cause, the | | | 10|member shall be awarded a disability benefit on the basis of the | | | 11|member's years of credited service as a member and the percentage of | | | 12|impairment to the whole person, as defined by the standards of the | | | 13|impairment as outlined in the "American Medical Association's Guides | | | 14|to the Evaluation of Permanent Impairment", on the basis of the | | | 15|following table: | | | 16| 1% to 49% impaired = 50% of accrued retirement benefit | | | 17| 50% to 74% impaired = 75% of accrued retirement benefit | | | 18| 75% to 99% impaired = 100% of accrued retirement benefit. | | | 19|H.I. Before making a finding as to the disability of a member, | | | 20|the State Board shall require that, if the member is able, the | | | 21|member shall make a certificate as to the disability which shall be | | | 22|subscribed and sworn to by the member. It shall also require a | | | 23|certificate as to such disability to be made by some physician | | | 24|licensed to practice in this state, or a psychologist for mental | | | Req. No. 14505 Page 4 ___________________________________________________________________________
1|disability applications, as selected by the State Board. The State | | | 2|Board may require other evidence of disability before making the | | | 3|disability benefit. The salary of any such member shall continue | | | 4|while the member is so necessarily undergoing treatment, confined to | | | 5|such hospital bed or home, and necessarily requires medical care or | | | 6|professional nursing on account of such sickness or disability for a | | | 7|period of not more than six (6) months, after which the period the | | | 8|other provisions of this article may apply. The State Board, in | | | 9|making disability benefits, shall act upon the written request of | | | 10|the member or without such request, if it deem it for the good of | | | 11|the police department. Any disability benefits shall cease when the | | | 12|member receiving same shall be restored to active service at a | | | 13|salary not less than three-fourths (3/4) of the member's average | | | 14|monthly salary. | | | 15|I.J. Any member of a police department of any municipality | | | 16|who, in the line of duty, has been exposed to hazardous substances | | | 17|including but not limited to chemicals used in the manufacture of a | | | 18|controlled dangerous substance or chemicals resulting from the | | | 19|manufacture of a controlled dangerous substance, or to blood-borne | | | 20|pathogens and who is later disabled from a condition that was the | | | 21|result of such exposure and that was not revealed by the physical | | | 22|examination passed by the member upon entry into the System shall be | | | 23|presumed to have incurred such disability while performing the | | | 24|officer's duties unless the contrary is shown by competent evidence. | | | Req. No. 14505 Page 5 ___________________________________________________________________________
1| The presumption created by this subsection shall have no | | | 2|application whatever to any workers' compensation claim or claims, | | | 3|and it shall not be applied or be relied upon in any way in workers' | | | 4|compensation proceedings. All compensation or benefits due to any | | | 5|member pursuant to the presumption created by this subsection shall | | | 6|be paid solely by the system. | | | 7|J.K. If the requirements of Section 50-114.4 of this title are | | | 8|satisfied, a member who, by reason of disability, is separated from | | | 9|service as a public safety officer with the member's participating | | | 10|municipality, may elect to have payment made directly to the | | | 11|provider for qualified health insurance premiums by deduction from | | | 12|his or her monthly disability benefit, after December 31, 2006, in | | | 13|accordance with Section 402(l) of the Internal Revenue Code of 1986, | | | 14|as amended. For distributions made after December 29, 2022, the | | | 15|election provided for under Section 402(l) of the Internal Revenue | | | 16|Code of 1986, as amended, may be made whether payment of the | | | 17|premiums is made directly to the provider of the accident or health | | | 18|plan or qualified long-term care insurance contract by deduction | | | 19|from a distribution from the System or is made to the member. | | | 20| SECTION 2. This act shall become effective November 1, 2026. | | | 21| | | | 22|60-2-14505 CMA12/31/25THOMAS E. | |CUMMINS CONSULTING ACTUARY, INC. | 23|2512 E. 71st Street , Suite D 'b7 Tulsa, Oklahoma 74136 | | (918) 492-9658 'b7 (918) 492- 9659 | 24| | | | arsid151335 Page 6 ___________________________________________________________________________
1| | | | 2|January 13, 2026 | | | 3| | | | 4|Representative George | |Room 504 | 5| | | | 6|Re: RBH No. 14505 | | | 7|RBH No. 14505 defines mental health specialist for purposes | |determing disability in the Police Retirement and Pension System. | 8| | | | 9| | |RBH No. 14505 is a non fiscal bill as defined by OPLAAA. | 10| | |I am a member of the American Academy of Actuaries and meet the | 11|Qualification Standards of the American Academy of Actuaries to | |render the actuarial opinion herein. | 12| | | | 13|Thomas E. Cummins | | | 14|Thomas E. Cummins, MAAA | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | arsid151335 Page 7