Okla. Admin. Code § 590:10-7-17

Current through Vol. 42, No. 6, December 2, 2024

Section 590:10-7-17 - Disability certification after early retirement

(a) Effective January 1, 2004, a member who incurred a disability which would qualify that member for disability retirement benefits pursuant to subsection B. of Section 915 of Title 74 of the Oklahoma Statutes and who elected early retirement pending the receipt of the disability certification may elect to receive disability retirement in lieu of the previously selected early retirement. In order to be eligible for this election, the disability must have been incurred on or after July 1, 1999, and the member must meet all statutory requirements for disability retirement. The member's effective retirement date will not change, however, the member shall be entitled to receive the difference, if any, in the amount of the early benefit and the disability benefit as of the date the member would have been eligible for the disability benefit.

(b) The only retirement options available for disability retirement pursuant to subsection B. of Section 915 of Title 74 of the Oklahoma Statutes are a maximum benefit with no survivor options and Option A, with married members being required to elect to retire under Option A unless the member's spouse consents in writing to waive the survivor benefit and permit the member to receive the maximum benefit. A member who chooses to change his or her retirement from early to disability must maintain the survivor option selections originally chosen under early retirement to the extent permitted under the disability plan provisions and pursuant to this rule. The joint annuitant named at the time of early retirement cannot be changed.

(1) If the member, and the member's spouse if applicable, elected to receive the maximum retirement benefit with no survivor option at early retirement, the disability benefit will be paid as a maximum retirement benefit with no survivor option. Spouse consent for maximum benefits obtained at early retirement is effective for the disability retirement and no additional spouse consent is required.

(2) If the member, and the member's spouse if applicable, selected a retirement Option A at early retirement, the disability benefit will be paid as an Option A with the same named joint annuitant.

(3) If the member, and the member's spouse if applicable, selected a retirement Option B at early retirement, the disability benefit will be paid as an Option A with the same named joint annuitant under disability retirement. The member's named joint annuitant will be notified of the change to disability retirement under an Option A and of the reduction in the survivor benefit amount.

(4) If the member, and the member's spouse if applicable, selected a retirement Option C at early retirement, the disability benefit will be paid as a maximum retirement benefit with no survivor option. Since the member retains the right to change the named beneficiary for the Option C benefits and therefore the named beneficiary obtains no property rights, the spouse consent for Option C obtained at early retirement is effective for the maximum disability retirement and no additional spouse consent is required, however, the member's named beneficiary for Option C will be notified of the change to maximum disability retirement with no survivor benefit.

(c) In the event of the death of the named joint annuitant, the benefit shall only be paid as a maximum non-survivor benefit and no other person shall be substituted as joint annuitant. The member shall not be permitted to change the option or joint annuitant selection in the event of a divorce and/or remarriage after the effective date of the member's early retirement.

Okla. Admin. Code § 590:10-7-17

Added at 21 Ok Reg 1759, eff 6-11-04