Active Member FAQs

A performance/agility test demonstrates the ability to perform actual or simulated job-related tasks and is not a medical examination. The performance/agility test is used to determine if an applicant can perform job functions and, therefore, is administered at the pre-offer stage of initial employment. Employers may also ask at the pre-offer stage of employment about the applicant’s ability to perform a specific job function unrelated to the applicant’s medical condition.

The employment physical examination is administered after a conditional offer of employment is made. It is used to determine if the applicant meets the minimum medical standards of the System, to establish pre-existing medical conditions, and to determine if reasonable accommodations can be made in order for the applicant to perform the required job functions.

The provisions of the ADA concerning medical examinations and disability-related injuries reflect the intent of Congress to prevent discrimination against individuals with “hidden” disabilities such as epilepsy, diabetes, mental illnesses, heart disease, HIV infections, or AIDS and cancer. The guiding principle of these provisions is that while employers may ask applicants about their ability to perform job functions, they may not ask about disabilities at the pre-offer stage of employment.

ADA will not allow any questions about a disability under the law, and employers may not inquire about the existence, nature, or severity of a disability during the pre-offer stage of employment. Further, an employer may not conduct medical examinations until a determination is made that the applicant is qualified for the job and a conditional offer of employment is made. This prohibition is to ensure that an applicant’s possible hidden disability, including a prior history of a disability, is not considered by the employer prior to the assessment of the applicant’s non-medical qualification.

The State Board has adopted rules to conform to the ADA. A job description for entry-level personnel has been adopted by the State Board and should be adopted by your department. Volunteer fire departments are not subject to the physical examination requirements of the System; however, some volunteer departments are administering performance/agility tests and physical examinations.

Paid firefighters are required by law to be administered performance/agility tests and physical examinations. The state board will allow a participating municipality to develop its own performance/agility test if it meets the minimum requirements of the state board-adopted performance/agility test. The State Board must approve the participating municipality’s performance/agility test before it can be administered. The performance/agility test is of paramount importance and must relate to the job description so as not to violate the ADA. The performance/agility test must be generic in nature and must not require fire ground functions that would require training to pass the test. The performance/agility test should be such that an untrained applicant could reasonably be expected to complete it in a satisfactory manner. The performance/agility test must be given before a position as a paid firefighter can be offered.

A Form 9 is used to administer the minimum performance/agility test. A Form 10 is the waiver and release form for the applicant to sign. On the back of the Form 10 is an optional Personal Physician’s Release of the applicant. The Applicant Waiver and Release and Personal Physician’s Release are of paramount importance. Remember, you are asking an applicant to take a performance/agility test without even taking vital signs or asking questions concerning the applicant’s medical history.

It is strongly recommended that the applicant is provided a copy of the job description, performance/agility test, and release forms upon making an application. The required tests should be explained to the applicant so that the applicant can physically prepare for the test. The applicant should also be advised that the tests are physically demanding and require some physical preparation, which will allow the applicant to make a decision as to their physical ability to successfully complete the required tests. Two (2) witnesses should sign the completed performance/agility test. One witness should be the person administering the test, and the other witness a person who observed the test.

Upon successful completion of the performance/agility test, you can then conditionally offer the applicant a firefighter position. The applicant is now ready for the physical examination. A physician shall conduct the examination and provide the participating municipality with the results on the Physical Exam and Laboratory Assessment Form (Form 14). The participating municipality will then forward, to the State Board, copies of the completed physical examination (Form 14), performance/agility test (Form 9), and an Entrance Application Form (Form 13), including the hire date and signed by the Fire Chief and the applicant. The testing procedure will take some planning to allow the application to be processed in a timely manner. The state office, if requested, will assist you in the process.

1. If the firefighter goes to work within six (6) months of termination the firefighter would not be required to complete another physical examination.
2. If a firefighter transfers to your participating municipality from another participating municipality, notify the state office immediately by sending a new completed Entrance Application Form (Form 13). This will allow the System to update the records so that contributions can be accepted.

1. A pre-list is a computerized statement of your last payroll report. It lists all current active paid firefighters, social security numbers, gross salary, and contributions reported.
2. A pre-list will be mailed to you from the System after your last payroll report has been processed. If you should not receive your pre-list, you may use a copy of the previous month’s report.

1. Put the pay period ending date in the upper right-hand corner and include month, day, and year.
2. Check social security numbers and spelling of firefighter names.
3. Line through all terminated firefighters and list the termination date and reason for termination.
4. Write in all new firefighters, making sure social security numbers and spelling of names are correct. DO NOT send contributions on any firefighter who has not been approved for entrance by the Executive Director.
5. Total gross receipts and employee and employer contribution columns at the bottom of the page.
6. Employer contribution share shall be fourteen percent (14%) of total gross salary and employee’s contribution shall be nine percent (9%) of total gross salary.
7. Make your check payable to the Oklahoma Firefighters Pension & Retirement System and mail the pre-list and check(s) to the state office.
8. It will be helpful if you keep a copy of the pre-list you send the System to verify your contributions at the end of the year with the amount the System has shown for you and your employees.
9. State statute establishes paid firefighter contributions. Currently, the contribution amount for paid firefighters is nine percent (9%) of total gross salary paid each month, and employer contributions are fourteen percent (14%) of total gross salary paid to the firefighter each month.
10. Firefighter contributions shall be deducted from the total gross salary prior to federal and state tax withholdings.

Examples of items included as part of total gross salary are: base pay, longevity pay, EMT pay, EMT-Paramedic pay, scuba pay, lead man pay, out-of-class pay, education pay, red book pay, one-time bonus pay, fitness pay, and FLSA scheduled overtime pay. In addition, sick and vacation leave buy back pay when done on an annual basis and if available to all firefighters, and insurance pay if paid to all firefighters.

Examples of items which are not part of total gross salary are: clothing allowance, car expense, unscheduled overtime, reimbursement for out-of-pocket expenses, and vacation and sick leave buy back paid upon termination of retirement.

IF THERE ARE QUESTIONS ON ANY PAYROLL ITEMS TO BE INCLUDED AS PART OF TOTAL GROSS SALARY, CONTACT THE SYSTEM FOR ASSISTANCE.

1. Refund of Contribution Application (Form 12) must be submitted to the System.
2. Refunds will not be paid until sixty (60) days after termination to ensure that all contributions paid by the firefighter are received by the System. Contributions paid by the member beginning January 1, 1989, have not had taxes withheld. Unless a member wishes to rollover these moneys, to a qualified plan, the System is required to withhold twenty percent (20%) for federal income taxes.
3. Complete a Notification of Termination from the Fire Department (Form 8) when a member terminates from your department.
4. If the firefighter has served ten (10) or more years, the member may wish to elect a vested benefit rather than a refund of contributions.

The following must be submitted to the state office:

1. Notice of Termination from the Fire Department (Form 8) must be submitted by the participating municipality when the firefighter leaves.
2. Application for Entrance (Form 13) must be submitted by the participating municipality the firefighter is joining.

Provided the firefighter is not over forty-five (45) years of age and pursuant to O.S. 11 ’49-117.1, in order for the previous service credit to count towards a normal retirement date, all contributions must be paid back to the System plus ten percent (10%) annual interest.

A paid member may receive up to five (5) years of credited service accumulated while a member of the Oklahoma Police Pension and Retirement System, Oklahoma Law Enforcement Retirement System, Teacher’s Retirement System, or the Oklahoma Public Employee Retirement System. This credit of service applies only if the member is not receiving or eligible to receive retirement credit or benefits from these systems. The transferred service will be added after the member reaches a normal retirement date. To receive the service, credit contributions must be paid to the system. Contributions will be determined by the actuarial assumptions adopted by the State Board as provided in Title 11, ’49-117.3 of Oklahoma State Statute. The State Board may permit the member to pay the purchase price over a period not to exceed sixty (60) months through payroll deduction.

Service in the armed forces is generally administered pursuant to Section 49-138 of Title 11 of the Oklahoma Statutes. As of February 5, 1997, the District Court of Oklahoma County allowed members who retired after June 29, 1981, to count up to five (5) years of military service towards a pension benefit calculation. See the questions under Military Service for a more thorough discussion.

If the member has completed ten (10) years of credited service at the date of termination, the member may elect a vested benefit in lieu of a refund of the contributions paid by the member while an active firefighter. The five thousand dollar ($5,000.00) death benefit will not apply to a member who elects a vested benefit.

A vested benefit for a paid member is calculated by using two and one-half percent (2.5%) of final average salary multiplied by the number of years of credited service. Example: if a member has served twelve (12) years and six (6) months at the time of termination, the member would be entitled to 31.25% of his final average salary at age fifty (50) or on the date the member would have completed twenty (20) years of service, whichever is later.

A vested benefit for a volunteer member is calculated by multiplying $ 6.37 for each year of service. Example: if a volunteer member has served fifteen (15) years at the time of termination, the member would be entitled to a vested benefit of $95.55 at age fifty (50) or on the date the member would have completed twenty (20) years of service, whichever is later. Remember, volunteer amounts may change each year, so you should contact the pension office to determine the amount a volunteer is eligible to receive.

1. Application for Vested Benefit (Form 18)
2. Minutes from the local board where a local board exists
3. Copy of birth certificate