PUBLIC PENSIONS - OKLAHOMA

Harrison v. Oklahoma Police Pension and Retirement System

Supreme Court of Oklahoma - November 24, 2020 - P.3d - 2020 WL 6886498 - 2020 OK 91

Retired police officer sought judicial review of order of Oklahoma Police Pension and Retirement System (OPPRS) stating that officer forfeited retirement benefits because officer was convicted of felony committed while in line of duty.

The District Court affirmed. Officer appealed. The Court of Civil Appeals affirmed. Officer petitioned for writ of certiorari.

The Supreme Court held that officer had retirement benefit that was a vested benefit within meaning of statute requiring forfeiture of retirement benefits as result of felony conviction, and thus retirement benefit was not subject to forfeiture.

City police officer had retirement benefit that was a “vested benefit” within meaning of statute requiring forfeiture of retirement benefits from a public retirement system when municipal employee was convicted of felony for crime related to duties of employment when statute became effective, and thus retirement benefit was not subject to forfeiture under statute when officer was convicted, following retirement, of felony committed while in line of duty; officer had 16 years of credited service when statute was enacted and therefore had enough years of service to elect vested benefit.



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