Harrison v. Oklahoma Police Pension and Retirement System

Summary

The Oklahoma Supreme Court interpreted statutes governing forfeiture of municipal retirement benefits after a felony conviction and vested benefits under the Oklahoma Police Pension and Retirement System. The court held that the former officer had a vested retirement benefit in 2011, before his conviction, and that the benefit was therefore not subject to forfeiture under 11 O.S. § 1-110. The court vacated the Court of Civil Appeals' opinion, reversed the district court, and remanded the matter.

Holdings

1. A police pension member who had completed at least ten years of credited service possessed a vested retirement benefit under 11 O.S. 2011 § 50-111.1 even before making an election to receive that benefit.
2. Harrison's vested retirement benefit was not subject to forfeiture under 11 O.S. 2011 § 1-110 because it was vested when the forfeiture statute was enacted.
3. The Court of Civil Appeals' opinion was vacated, the district court's order was reversed, and the cause was remanded for proceedings consistent with the Supreme Court's statutory interpretation.

Questions Presented

1. Whether Harrison possessed a vested retirement benefit under 11 O.S. 2011 § 50-111.1 when the retirement-benefit forfeiture statute, 11 O.S. 2011 § 1-110, became effective in 2011.
2. Whether Harrison's vested benefit was exempt from forfeiture under the exception in 11 O.S. 2011 § 1-110(A) after his felony conviction.
3. Whether the pension system's interpretation and denial of the vested benefit application constituted legal error.

Disposition

reversed_and_remanded