Section 49-135 - [Effective 11/1/2024] Employment of persons over forty-five prohibited - Exceptions - Reemployment - Volunteer servicesA. No person shall be employed in a fire department who has reached the age of forty-five (45) years, unless it appears he or she shall become eligible for retirement at the age of sixty-five (65) years or unless he or she be retired from a municipal fire department in this state. This section shall not apply to professional engineers, or to persons employed as technical specialists on a temporary basis. The Oklahoma Firefighters Pension and Retirement Board shall be authorized to establish the maximum age, within the limits herein prescribed, over which an applicant may not be considered for initial employment, but no person shall be prohibited from making application for reemployment and having such reemployment application considered merely because of his or her age, provided that such person be under the age of forty-five (45) years, and provided further, that such reemployment shall be with the consent of the fire chief of such municipality.B. On or after November 1, 2015, a person who performs volunteer services as a firefighter, who has attained the age of forty-five (45) or more years as of the first date such volunteer services are performed, for a municipality or a county shall not be eligible to be a member of the Oklahoma Firefighters Pension and Retirement System for any purpose, shall not be eligible for any benefit payable by the System and shall not receive any form of service credit from the System resulting from such volunteer services. The person responsible for decisions regarding the performance of firefighting services having jurisdiction, which in the absence of any other requirement to the contrary shall be the fire chief, shall make the final determination on applicants for positions that would involve the performance of volunteer firefighting services if the applicant is over the age of forty-five (45) years based on local rules, regulations, ordinances, guidelines and standard operating procedures.C. Notwithstanding the requirements of subsections C and H of Section 49-106.1 of this title to terminate employment with all participating municipalities as a firefighter, a retired, paid firefighter receiving an accrued retirement benefit pursuant to Section 49-106 of this title may perform volunteer firefighting services for a volunteer department pursuant to subsection B of this section and continue to receive the member's accrued retirement benefit. A member performing services for a volunteer fire department under this section shall not further accrue any years of credited service during such period. Provided, that the pension shall cease during any period of time the member may thereafter serve for compensation in any municipal fire department in the state; provided further, that no person shall perform any services as a firefighter if such person is receiving disability benefits pursuant to Section 49-109 of this title.D.1. Notwithstanding the requirements of subsections C and H of Section 49-106.1 of this title, a retired volunteer firefighter receiving the maximum allowable accrued retirement benefit pursuant to Section 49-101 of this title may return to service as a volunteer firefighter for a volunteer fire department pursuant to subsection B of this section and continue to receive the member's retirement benefit. The retired volunteer firefighter shall not further accrue any years of credited service during such period. Provided, the benefit shall cease during any time period the retiree may thereafter serve for compensation in any municipal fire department in the state; provided further, no person shall perform any services as a volunteer firefighter if such person is receiving disability benefits pursuant to Section 49-109 of this title.2. For the purposes of this subsection, "maximum allowable accrued retirement benefit" means a benefit calculated using thirty (30) years of credited service pursuant to subsection A of Section 49-101 of this title. Provided, if the member has elected to participate in the Oklahoma Firefighters Deferred Option Plan pursuant to Section 49-106.1 of this title, credited service for benefit calculation shall be calculated as of the date that the member begins participation in the Plan, or the back drop date if elected under subsection H of Section 49-106.1 of this title. E. No person serving as a firefighter pursuant to this section shall be eligible to serve as the fire chief. Pursuant to Section 49-100.1 of this title, the fire chief shall be an active member of the System within a participating municipality of which he or she serves as fire chief.Okla. Stat. tit. 11, § 49-135
Amended by Laws 2024, c. 30,s. 1, eff. 11/1/2024.Amended by Laws 2022 , c. 232, s. 8, eff. 11/1/2022.Amended by Laws 2019 , c. 146, s. 1, eff. 11/1/2019.Amended by Laws 2015 , c. 134, s. 1, eff. 11/1/2015.Amended by Laws 2014 , c. 281, s. 7, eff. 5/12/2014.Laws 1977, HB 1100, c. 256, § 49-135, eff. 7/1/1978; Amended by Laws 1980, SB 265, c. 352, § 46, eff. 1/1/1981.This section is set out more than once due to postponed, multiple, or conflicting amendments.