AND RESTATED IN TAYLOR V. SPECIAL INDEMNITY FUND, SUPRA. THE COURT STATES:
"WHERE THERE ARE TWO PROVISIONS OF THE STATUTES, ONE OF WHICH IS SPECIAL AND PARTICULAR AND CLEARLY INCLUDES THE MATTER IN CONTROVERSY, AND WHERE THE SPECIAL STATUTE COVERING THE SUBJECT PRESCRIBES DIFFERENT RULES AND PROCEDURE FROM THOSE IN THE GENERAL STATUTE, IT WILL BE HELD THAT THE SPECIAL STATUTE APPLIES TO THE SUBJECT MATTER, AND THE GENERAL STATUTE DOES NOT APPLY."
IT IS A MATTER OF PUBLIC POLICY AS WELL AS LAW THAT AN INDIVIDUAL CANNOT RECEIVE TWO PENSIONS FOR A SINGLE PERIOD OF EMPLOYMENT. IN MULVEY V. WALDO, 140 N.Y.S. 988,989 (S.CT. 1912), THE COURT REVIEWED THIS ISSUE WHEREIN A POLICE OFFICER HAD SERVED SUFFICIENT TIME TO RETIRE FROM ONE CITY AND SUBSEQUENTLY WENT TO WORK FOR A SECOND CITY THEREIN SERVING ENOUGH TIME TO QUALIFY FOR A SECOND PENSION, AND OF WHICH SAID SECOND CITY WAS SUBSEQUENTLY ANNEXED BY THE FIRST CITY, THE COURT FOUND IN DENYING THE OFFICER'S REQUEST FOR A SECOND PENSION THAT "THE GENERAL RULE IN RESPECT TO ALL PENSIONS LAWS (IS), THAT IN THE ABSENCE OF ANY EXPRESS PROVISION TO THE CONTRARY THEY WILL BE SO INTERPRETED AS TO PREVENT ANY PERSON FROM RECEIVING A DOUBLE PENSION." SEE ALSO MAYBURY V. COINE, 312 S.W.2D 455 (KY. 1958). FOLLOWING THIS REASONING AND RATIONALE, THE SUBJECT AGENT IS ENTITLED TO ONLY ONE PENSION AND THEREFORE, AS SUCH, WOULD FALL SOLELY UNDER THE PROVISIONS OF THE SPECIAL STATUTE, 74 O.S. 150.8(F), AND NOT UNDER THE GENERAL STATUTE, 47 O.S. 2-300 ET SEQ. THUS CONTRIBUTIONS WOULD BE MADE ONLY TO THE OKLAHOMA POLICE PENSION AND RETIREMENT SYSTEM.
IT IS, THEREFORE, THE OPINION OF THE UNDERSIGNED ATTORNEY THAT 74 O.S. 150.8(F) DOES TAKE PRECEDENCE OVER THE REQUIREMENT TO PARTICIPATE IN THE OKLAHOMA LAW ENFORCEMENT RETIREMENT SYSTEM IN RELATION TO AN OSBI UNDERCOVER AGENT WHO WAS PREVIOUSLY A MEMBER OF THE OKLAHOMA POLICE PENSION AND RETIREMENT SYSTEM, AND THAT SAID UNDERCOVER AGENT SHALL BE ALLOWED TO REMAIN AS A MEMBER OF THE OKLAHOMA POLICE PENSION AND RETIREMENT SYSTEM. AS PUBLIC POLICY AND LAW PROHIBITS AN INDIVIDUAL FROM RECEIVING MORE THAN ONE PENSION FOR A SINGLE PERIOD OF EMPLOYMENT AND FURTHER, AS 74 O.S. 150.8(F) IS A SPECIAL STATUTE WHICH TAKES PRECEDENCE OVER THE GENERAL STATUTES FOUND AT 47 O.S. 2-300 ET SEQ. (AS AMENDED AT 47 O.S. 2-300 (1992) ET SEQ.), THE OKLAHOMA STATE BUREAU OF INVESTIGATION IS REQUIRED TO MAKE CONTRIBUTIONS ON BEHALF OF THE SUBJECT UNDERCOVER AGENT SOLELY TO THE OKLAHOMA POLICE PENSION AND RETIREMENT SYSTEM.
(STEVEN K. SNYDER)