Oklahoma 2022 Regular Session

Oklahoma House Bill HB2065 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	An Act
	2	+
1	3		ENROLLED HOUSE
	4	+	BILL NO. 2065 By: Ford, Moore, Provenzano,
	5	+	Fugate, and Rosecrants of
	6	+	the House
2	7
3		-	BILL NO. 2065
	8	+	and
	9	+
	10	+	Weaver and Garvin of the
	11	+	Senate
	12	+
	13	+
	14	+
	15	+
	16	+
	17	+
	18	+	An Act relating to public retirement systems;
	19	+	amending 62 O.S. 2021, Section 3103, which relates to
	20	+	the Oklahoma Pension Legislation Actuarial Analysis
	21	+	Act; updating statutory references ; modifying
	22	+	definition; amending 47 O.S. 2021, Section 2-305,
	23	+	which relates to retirement pay; providing for
	24	+	application of certain salary computation to specific
	25	+	system members; conf orming language; providing
	26	+	conditional effective dates; and declaring an
	27	+	emergency.
	28	+
	29	+
	30	+
	31	+
	32	+	SUBJECT: Public retirement
	33	+
	34	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
4	35
5	36		SECTION 1. AMENDATORY 62 O.S. 2021, Section 3103, is
6	37		amended to read as follows:
7	38
8	39		Section 3103. As used in the Oklahoma Pension Legislation
9	40		Actuarial Analysis Act:
10	41
11		-	1. "Amendment" means any amendment including a substitute bil l,
12		-	made to a retirement bill by any commi ttee of the House or Senate,
13		-	any conference committee of the House or Senate or by the House or
14		-	Senate;
	42	+	1. "Amendment" means any amendment, including a substitute
	43	+	bill, made to a retirement bill by any commi ttee of the House or
	44	+	Senate, any conference committee of the House or Senate or by the
	45	+	House or Senate;
	46	+	RBH No. 10963
15	47
	48	+	ENR. H. B. NO. 2065 Page 2
16	49		2. "RB number" means that number preceded by the letters "RB"
17	50		assigned to a retirement bil l by the respective staffs of the
18	51		Oklahoma State Senate and the Oklahoma House of Representatives when
19	52		the respective staff office prepares a retirement bill for a member
20	53		of the Legislature;
21	54
22	55		3. "Legislative Actuary" means the firm or entity that enters
23	56		into a contract with t he Legislative Service Bureau pursuant to
24	57		Section 452.15 of Title 74 of the Oklahoma Statutes to provide the
25	58		actuarial services and other duties provided for in the Oklahoma
26	59		Pension Legislation A ctuarial Analysis Act;
27	60
28	61		4. "Nonfiscal amendment" means an amendment to a retirement
29	62		bill having a fiscal impact, which amendment does not change any
30	63		factor of an actuarial investigation specified in subsection A of
31	64		Section 3109 of this title;
32	65
33	66		5. "Nonfiscal retirement bill" means a retirement bil l:
	67	+
34	68		a. which does not affect the cost or funding factors of a
35	69		retirement system,
	70	+
36	71		b. which affects such factors only in a manner which does
37	72		not:
38	73
39	74		(1) grant a benefit increase under the retirement
40	75		system affected by the bill,
41	76
42	77		(2) create an actuarial accrued li ability for or
43	78		increase the actuarial accrued liab ility of the
44	79		retirement system affected by the bill, or
45		-	~~ENR. H. B. NO. 2065 Page 2~~
	80	+
46	81		(3) increase the normal cost of the retirement system
47	82		affected by the bill,
	83	+
48	84		c. which authorizes the purchase by an active member of
49	85		the retirement system, at the actuarial cost for the
50	86		purchase as computed pursuant to the statute in effect
51	87		on the effective date of the measure allowing such
52	88		purchase, of years of service for purposes of reaching
53	89		a normal retirement date in the applicable retirement
54	90		system, but which cannot be used in order to compute
55	91		the number of years o f service for purposes of
56	92		computing the retirement benefit for the member,
	93	+	RBH No. 10963
	94	+
	95	+	ENR. H. B. NO. 2065 Page 3
57	96		d. which provides for the computation of a service -
58	97		connected disability retirement benefit for members of
59	98		the Oklahoma Law Enforcement Retirement System
60	99		pursuant to Section 2-305 of Title 47 of the Oklahoma
61	100		Statutes if the members were unable to complete twenty
62	101		(20) years of service as a result of the disability,
	102	+
63	103		e. which requires membership in the defined benefit pl an
64	104		authorized by Section 901 et seq. of Title 74 of the
65	105		Oklahoma Statutes for persons whose first elected or
66	106		appointed service occurs on or after November 1, 2018,
67	107		if such persons had any prior service in the Oklaho ma
68	108		Public Employees Retirement System pri or to November
69	109		1, 2015,
	110	+
70	111		f. which provides for a one-time increase in retirement
71	112		benefits if the increase in retirement benefits is not
72	113		a permanent increase in the gross annual retirement
73	114		benefit payable to a member or beneficiary, occurs
74	115		only once pursuant to a single statutory authorization
75	116		and does not exceed:
76	117
77	118		(1) the lesser of two percent (2%) of the gross
78	119		annual retirement benefit of the member or One
79	120		Thousand Dollars ($1,000.00) and requires that
80	121		the benefit may only be provided if the funded
81	122		ratio of the affected retirement system would not
82	123		be less than sixty percent (60%) but not greater
83	124		than eighty percent (80%) after the benefit
84	125		increase is paid,
85	126
86	127		(2) the lesser of two percent (2%) of the gross
87	128		annual retirement benefit of the member or One
88	129		Thousand Two Hundred Dollars ($1,200.00) and
89	130		requires that the benefit may on ly be provided if
90		-	the funded ratio of the affected retirement ~~ENR. H. B. NO. 2065 Page 3~~
	131	+	the funded ratio of the affected retirement
91	132		system would be greater than eighty percent (80%)
92	133		but not greater than one hundred pe rcent (100%)
93	134		after the benefit increase i s paid,
94	135
95	136		(3) the lesser of two percent (2%) of the gross
96	137		annual retirement benefit of the member or One
97	138		Thousand Four Hundred Dollars ($1,400.00) and
98	139		requires that the benefit may only be provided if
99		-	the funded ratio of the affected retir ement
	140	+	the funded ratio of the affected retirement RBH No. 10963
	141	+
	142	+	ENR. H. B. NO. 2065 Page 4
100	143		system would be greater than one hundred percent
101	144		(100%) after the benefit increas e is paid, or
102	145
103	146		(4) the greater of two percent (2%) of the gross
104	147		annual retirement benefit of the volunteer
105	148		firefighter or One Hundred Dollars ($100. 00) for
106	149		persons who retired from the Okla homa
107	150		Firefighters Pension and Retirement System as
108	151		volunteer firefighters and who did not retire
109	152		from the Oklahoma Firefighters Pension and
110	153		Retirement System as a paid firefighter.
111	154
112	155		As used in this subparagraph, "funded ratio" means the
113	156		figure derived by di viding the actuarial value of
114	157		assets of the applicable retirement sy stem by the
115	158		actuarial accrued liability of the applicable
116	159		retirement system,
	160	+
117	161		g. which modifies the disability pension standard for
118	162		police officers who are members of the Oklahoma Police
119		-	Pension and Retirement System as provi ded by Section
120		-	50-115 of Title 11 of the Oklahoma Statutes,
	163	+	Pension and Retirement System as provi ded by Section 3
	164	+	of this act 50-115 of Title 11 of the Oklahoma
	165	+	Statutes, or
	166	+
121	167		h. which provides a cost-of-living benefit increase
122		-	pursuant to the provisions of :
	168	+	pursuant to the provisions of Sections 2 through 7 of
	169	+	this act:
123	170
124	171		(1) Section 49-143.7 of Title 11 of the Oklahoma
125	172		Statutes,
126	173
127	174		(2) Section 50-136.9 of Title 11 of the Oklaho ma
128	175		Statutes,
129	176
130	177		(3) Section 1104K of Title 20 of the Oklahoma
131	178		Statutes,
132	179
133	180		(4) Section 2-305.12 of Title 47 of the Oklahoma
134	181		Statutes,
135		-	~~ENR. H. B. NO. 2065 Page 4~~
	182	+
136	183		(5) Section 17-116.22 of Title 70 of the Oklahoma
137	184		Statutes, or
138	185
139	186		(6) Section 930.11 of Title 74 of the Oklahoma
140		-	Statutes, or
	187	+	Statutes, or RBH No. 10963
	188	+
	189	+	ENR. H. B. NO. 2065 Page 5
	190	+
141	191		i. which provides for the reinstatement of retirement
142	192		benefits for members of the Oklahoma Law Enforcement
143	193		Retirement System pursuant to Se ction 2-305 of Title
144	194		47 of the Oklahoma Statutes for those who were hired
145	195		on or after November 1, 2012, or May 24, 2013.
146	196
147	197		A nonfiscal retirement bill shall include any retirement bil l that
148	198		has as its sole purpose the appropriat ion or distribution or
149	199		redistribution of monies in some manner to a retirement system for
150	200		purposes of reducing the unfunded liability of such system or the
151	201		earmarking of a portion of the revenue from a tax to a retirement
152	202		system or increasing the percentag e of the revenue earmarked fr om a
153	203		tax to a retirement system;
154	204
155	205		6. "Reduction-in-cost amendment" means an amendment to a
156	206		retirement bill having a fiscal impact which reduces the cost of the
157	207		bill as such cost is d etermined by the actuarial investigation for
158	208		the bill prepared pursuant t o Section 3109 of this title;
159	209
160	210		7. "Retirement bill" means any bill or joint resolution
161	211		introduced or any bill or joint res olution amended by a member of
162	212		the Oklahoma Legislature which creates or amends any law directly
163	213		affecting a retirement system. A re tirement bill shall not mean a
164	214		bill or resolution that impacts the revenue of any state tax in
165	215		which a portion of the reven ue generated from such tax is earmarked
166	216		for the benefit of a retirement system;
167	217
168	218		8. "Retirement bill having a fiscal impact " means any
169	219		retirement bill creating or establishing a retirement system and any
170	220		other retirement bill other than a nonfiscal retire ment bill; and
171	221
172	222		9. "Retirement system" means the Teachers' Retirement System of
173	223		Oklahoma, the Oklahoma Public Employees Retir ement System, the
174	224		Uniform Retirement System for Just ices and Judges, the Oklahoma
175	225		Firefighters Pension and Retirement System, the Oklahoma Police
176	226		Pension and Retirement System, the Oklahoma Law Enforcement
177	227		Retirement System, or a retirement system establis hed after January
178	228		1, 2006.
179		-	~~ENR. H. B. NO. 2065 Page 5~~
	229	+
180	230		SECTION 2. AMENDATORY 47 O.S. 2021, Section 2 -305, is
181	231		amended to read as follows:
182	232
183	233		Section 2-305. A. Except as otherwise provided in this title,
184		-	at any time after attaining normal retirement date, any member of
	234	+	at any time after attaining normal retirement date, any member of RBH No. 10963
	235	+
	236	+	ENR. H. B. NO. 2065 Page 6
185	237		the Oklahoma Law Enforcement Retirement System upon appli cation for
186	238		unreduced retirement be nefits made and approved, may retire, and,
187	239		during the remainder of the member 's lifetime, receive annual
188	240		retirement pay, payable in equal monthly payments, equal to two and
189	241		one-half percent (2 1/2%) of the final average sa lary times years of
190	242		credited service. If such retired member is reemployed by a state
191	243		agency in a position which is not covered by the System, such
192	244		retired member shall continue to receive in -service distributions
193	245		from the System. Prior to September 19, 2002, if such retired
194	246		member was reemployed by a state agency in a position which is
195	247		covered by the System, such member shall continue to receive in -
196	248		service distributions from the System and shall not a ccrue any
197	249		further credited service. If such a member is reemployed by a state
198	250		agency in a position which is covered by the System on or after
199	251		September 19, 2002, such member 's monthly retirement payments shall
200	252		be suspended until such member retires and is not reemployed by a
201	253		state agency in a position which is covered by the System.
	254	+
202	255		B. Beginning July 1, 1994, members who retired or were eligible
203	256		to retire prior to July 1, 1980, or their surviving spouses shall
204	257		receive annual retirement pay, payable in equ al monthly payments,
205	258		equal to the greater of their cur rent retirement pay, or two and
206	259		one-half percent (2 1/2%) of the actual paid gross salary being
207	260		currently paid to a highway patrol officer, at the time each such
208	261		monthly retirement payment is made, mult iplied by the retired
209	262		member's years of credited servi ce.
	263	+
210	264		C. Except as otherwise provid ed by this subsection, members of
211	265		the System whose salary is set by statute who have retired after
212	266		completion of the mandatory twenty (20) years of service, and those
213	267		members with statutory salaries who retire after reachi ng the
214	268		mandatory twenty-year retirement shall receive an annual retirement
215	269		pay, payable in equal monthly installments, based upon the greater
216	270		of either:
	271	+
217	272		1. The top base salary currently paid to the hig hest
218	273		nonsupervisory position in the participating agen cy at the time each
219	274		such monthly retirement payment is made, limited to the annual
220	275		salary limit of the Economic Growth and Tax Relief Reconciliation
221	276		Act of 2001, as described in paragraph 9 of Section 2 -300 of this
222	277		title, multiplied by two and one -half percent (2 1/2%) multiplied by
223	278		the number of years of credited service and fraction thereof for the
224		-	following positions: ENR. H. B. NO. 2065 Page 6
225		-	a. Oklahoma Highway Patrolman,
	279	+	following positions:
	280	+
	281	+	a. Oklahoma Highway Patrolman, RBH No. 10963
	282	+
	283	+	ENR. H. B. NO. 2065 Page 7
	284	+
226	285		b. Communications Dispatcher,
	286	+
227	287		c. Capitol Patrolman,
	288	+
228	289		d. Lake Patrolman, and
	290	+
229	291		e. Oklahoma State Bureau of Inve stigation - Special Agent
230	292		or Criminalist; or
	293	+
231	294		2. The member's final average salary as set forth in paragraph
232	295		9 of Section 2-300 of this title, multiplied by two and one -half
233	296		percent (2 1/2%), and multip lied by the number of years of credited
234	297		service and fraction thereof.
235	298
236	299		No member of the System retired prior to July 1, 2002, shall
237	300		receive a benefit less than the amount the member is receiving as of
238	301		June 30, 2002.
239	302
240	303		The provisions of paragraph 1 of this sub section shall not be
241	304		applicable to any member whose fi rst participating service with the
242	305		System occurs on or after November 1, 2012, except for those members
243	306		who died in the performance of their duties pursuant to Section 2 -
244	307		306 of this title.
	308	+
245	309		D. Other members of the System whose retirement benefit is not
246	310		otherwise prescribed by this section who have retired after
247	311		completion of the mandatory twenty (20) years of serv ice, and those
248	312		members who retire after reaching the mandatory twenty -year
249	313		retirement shall receive an annual retirement pay, payable in equal
250	314		monthly payments, based upon the greater of either:
	315	+
251	316		1. The actual average salary currently paid to the highest
252	317		nonsupervisory position in the part icipating agency at the time each
253	318		such monthly payment is made, limited to the annual salary limit of
254	319		the Economic Growth and Tax Relief Reconciliation Act of 20 01, as
255	320		described in paragraph 9 of Section 2-300 of this title, multiplied
256	321		by two and one-half percent (2 1/2%), multiplied by the number of
257	322		years of credited service and fraction thereof for the following
258	323		positions:
	324	+
259	325		a. Alcoholic Beverage Laws Enforcement Commission - ABLE
260	326		Commission Agent III,
	327	+	RBH No. 10963
	328	+
	329	+	ENR. H. B. NO. 2065 Page 8
261	330		b. Oklahoma State Bureau of Narcotics and Dangerous Dru gs
262	331		Control - Narcotics Agent III,
	332	+
263	333		c. Oklahoma Tourism and Recreation Department - Park
264	334		Ranger II,
	335	+
265	336		d. State Board of Pharmacy - Pharmacy Inspector,
	337	+
266	338		e. University of Oklahoma - Police Officer, and
	339	+
267	340		f. Oklahoma State Universit y - Police Officer; or
	341	+
268	342		2. The other member's final average salary as set forth in
269		-	paragraph 9 of Section 2-300 of this title, multiplied by two and ~~ENR. H. B. NO. 2065 Page 7~~
	343	+	paragraph 9 of Section 2-300 of this title, multiplied by two and
270	344		one-half percent (2 1/2%), multiplied b y the number of years of
271	345		credited service and fraction thereof.
272	346
273	347		No member of the System retired prior to July 1, 2002, shall
274	348		receive a benefit less than the amount the member is receiving as of
275	349		June 30, 2002. The participating employer must certify to th e
276	350		System in writing the actual average gross salary currently paid to
277	351		the highest nonsupervisory positi on. The Board of Trustees shall
278	352		promulgate such rules as are necessary to implement the provisions
279	353		of this section.
280	354
281	355		The provisions of paragraph 1 of th is subsection shall not be
282	356		applicable to any member whose first partic ipating service with the
283	357		System occurs on or after May 24, 2013, except for those members who
284	358		died in the performance of their duties pursuant to Section 2 -306 of
285	359		this title.
	360	+
286	361		E. A member who meets the definition of disability as defined
287	362		in paragraph 11 of Section 2 -300 of this title by direct reason of
288	363		the performance of the member's duties as an officer shall re ceive a
289	364		monthly benefit equal to:
	365	+
290	366		1. Two and one-half percent (2 1/2%);
	367	+
291	368		2. Multiplied by:
	369	+
292	370		a. twenty (20) years of credited service, if the member
293	371		had performed less than twenty (20) years of credited
294	372		service, notwithstanding the actual number of years of
295	373		credited service performed by the member prior to the
296		-	date of disability, or
	374	+	date of disability, or RBH No. 10963
	375	+
	376	+	ENR. H. B. NO. 2065 Page 9
	377	+
297	378		b. the actual number of years of credited service and
298	379		fraction thereof performed by the member prior to the
299	380		date of disability, if the member had performed twenty
300	381		(20) or more years of credited service;
	382	+
301	383		3. Multiplied by the greater of subparagraph a of this
302	384		paragraph and division 1 of subparagraph b of this paragraph or
303	385		division 2 of subparagraph b of this paragraph, as applic able:
	386	+
304	387		a. the final average salary of the member, as se t forth
305	388		in paragraph 9 of Section 2-300 of this title, and
306		-	b. (1) the top base salary cur rently paid to the
307		-	highest nonsupervisory position in the participating
308		-	agency of the member at the time each monthly payment
309		-	is made, limited to the a nnual salary limit of the
310		-	Economic Growth and Tax Relief Reconciliation Act of
311		-	2001 described in paragraph 9 of Section 2 -300 of this
312		-	title, for the following positions:
313	389
314		-	(a) Oklahoma Highway Patrolman, ENR. H. B. NO. 2065 Page 8
	390	+	b. (1) the top base salary cur rently paid to the highest
	391	+	nonsupervisory position in the participating
	392	+	agency of the member whose first particip ating
	393	+	service with the System occurred before November
	394	+	1, 2012, at the time each monthly payment is
	395	+	made, limited to the a nnual salary limit of the
	396	+	Economic Growth and Tax Relief Reconciliation Act
	397	+	of 2001 described in paragraph 9 of Section 2 -300
	398	+	of this title, for the following positions:
	399	+
	400	+	(a) Oklahoma Highway Patrolman,
315	401
316	402		(b) Communications Dispatcher,
317	403
318	404		(c) Capitol Patrolman,
319	405
320	406		(d) Lake Patrolman, and
321	407
322	408		(e) Oklahoma State Bureau of Investigation -
323	409		Special Agent or Criminalist,
324	410
325	411		Provided, the participating employe r must certify to the System
326	412		in writing the top base s alary currently paid to the highes t
327	413		nonsupervisory position for division 1 of subparagrap h b of this
328	414		paragraph, or
329	415
330	416		(2) the actual average salary currently paid to the
331	417		highest nonsupervisory position in the
332		-	participating agency of the membe r at the time
333		-	each monthly payment is made, limited to the
334		-	annual salary limit of the Economic Growth and
335		-	Tax Relief Reconciliatio n Act of 2001, described
336		-	in paragraph 9 of Section 2 -300 of this title,
337		-	for the following positio ns:
	418	+	participating agency of the member whose first
	419	+	participating service with the System occurred
	420	+	before May 24, 2013, at the time each monthly
	421	+	payment is made, limited to the annual salary RBH No. 10963
	422	+
	423	+	ENR. H. B. NO. 2065 Page 10
	424	+	limit of the Economic Growth and Tax Relief
	425	+	Reconciliation Act of 2001, described in
	426	+	paragraph 9 of Section 2 -300 of this title, for
	427	+	the following positio ns:
338	428
339	429		(a) Alcoholic Beverage Laws Enforcement (ABLE)
340	430		Commission - ABLE Commission Agent III,
341	431
342	432		(b) Oklahoma State Bureau of Narcotics and
343	433		Dangerous Drugs Control - Narcotics Agent
344	434		III,
345	435
346	436		(c) Oklahoma Tourism and Recreation Depar tment -
347	437		Park Ranger II,
348	438
349	439		(d) State Board of Pharmacy - Pharmacy
350	440		Inspector,
351	441
352	442		(e) University of Oklahoma - Police Officer, and
353	443
354	444		(f) Oklahoma State University - Police Officer,
355	445
356	446		Provided, the participating emp loyer must certify to the System
357	447		in writing the actual average gross salary currently pa id to the
358	448		highest nonsupervisory position for division 2 of subparagraph b of
359		-	this paragraph; ENR. H. B. NO. 2065 Page 9
	449	+	this paragraph;
	450	+
360	451		4. No member of the System receiving benefits prescribed by
361	452		this subsection who retired prior to July 1, 2002, shall receive a
362	453		benefit of less than the amount th e member was receiving as of June
363	454		30, 2002;
	455	+
364	456		5. The Board of Trustees shall promulgate rules as necessary to
365	457		implement the provisions of this subsection; and
	458	+
366	459		6. If such member participates in the Oklahoma Law Enforcement
367	460		Deferred Option Plan pursuant to S ection 2-305.2 of this title, then
368	461		such member's disability pension provided pursuant to this
369	462		subsection shall be reduced to account for such member 's
370	463		participation in the Oklahoma Law Enforcement Deferred Option Plan.
	464	+
371	465		F. A member who meets the definition of disability as defined
372	466		in paragraph 11 of Section 2 -300 of this title and whose disability
373		-	is by means of personal and traumatic injury of a catastro phic
	467	+	is by means of personal and traumatic injury of a catastrophic RBH No. 10963
	468	+
	469	+	ENR. H. B. NO. 2065 Page 11
374	470		nature and in the line of duty, shall receive a monthly benefit
375	471		equal to:
	472	+
376	473		1. Two and one-half percent (2 1/2%);
	474	+
377	475		2. Multiplied by:
	476	+
378	477		a. twenty (20) years of service, regardless of the actual
379	478		number of years of credited service performed by the
380	479		member prior to the date of disability, if the member
381	480		had performed less than twenty (20) years of service,
382	481		or
	482	+
383	483		b. the actual number of years of service performed by th e
384	484		member if the member had performed twenty (20) or more
385	485		years of service;
	486	+
386	487		3. Multiplied by a final average sala ry equal to:
	488	+
387	489		a. the salary which the member would have received
388	490		pursuant to statutory sa lary schedules in effect upon
389	491		the date of the disabilit y for twenty (20) years of
390	492		service prior to disability. The final average salary
391	493		for a member who performed less than twenty (20) years
392	494		of service prior to disability shall be computed
393	495		assuming that the member was paid the highest salary
394	496		allowable pursuant to the law in effect at the time of
395	497		the member's disability based upon twenty (20) years
396	498		of service and with an assumption that the member was
397	499		eligible for any and a ll increases in pay based upon
398	500		rank during the entire period. If the salary of a
399	501		member is not prescribed by a specific salary schedule
400	502		upon the date of the member 's disability, the final
401	503		average salary for the member shall be computed by the
402	504		member's actual final average salary or the hi ghest
403	505		median salary amount for a member whose salary wa s
404		-	prescribed by a specific salary schedule upon the date ~~ENR. H. B. NO. 2065 Page 10~~
	506	+	prescribed by a specific salary schedule upon the date
405	507		of the member's disability, whichever final average
406	508		salary amount would be greater, or
	509	+
407	510		b. the actual final ave rage salary of the member if the
408	511		member had performed twenty (20) or more years of
409	512		service prior to disability.
	513	+	RBH No. 10963
410	514
	515	+	ENR. H. B. NO. 2065 Page 12
411	516		If such member participates in the Oklahoma Law Enforcement
412	517		Deferred Option Plan pursuant to Section 2-305.2 of this title, such
413	518		member's disability pension provided pursuant to this subsection
414	519		shall be adjusted as provided in Sectio n 2-305.2 of this title to
415	520		account for such member 's participation in the Oklahoma Law
416	521		Enforcement Deferred Optio n Plan.
	522	+
417	523		G. A member who meets the definition of disab ility as defined
418	524		in Section 2-300 of this title and whose disability occurred prior
419	525		to the member's normal retirement date but after completing three
420	526		(3) years of vesting service and not by reason of th e performance of
421	527		the member's duties or as a result of the member's willful
422	528		negligence shall receive a monthly benefit equal to two and one -half
423	529		percent (2 1/2%) of final average salary multiplied by the number of
424	530		years of the member's credited service.
	531	+
425	532		H. Payment of a disability pension shall commence as of the
426	533		first day of the month coinci ding or next following the date of
427	534		retirement and shall continue as long as the member meets the
428	535		definition of total and permanent disability provided in this
429	536		section.
	537	+
430	538		I. For the purpose of determining the member 's disability under
431	539		subsection E, F or G of this section, the member shall be required
432	540		by the Board to be examined by a minimum of two recognized
433	541		physicians selected by the Board to determine the extent of the
434	542		member's injury or illness. The examining physicians s hall furnish
435	543		the Board a detailed written report of the injury or illness of the
436	544		examined member establishing the extent of disability and the
437	545		possibilities of the disabled member being returned to his or her
438	546		regular duties or an alternate occupation or se rvice covered by the
439	547		System after a normal recuperation period. The Board shall require
440	548		all retired disabled members who have not attained their normal
441	549		retirement date to submit to a physical examinati on once each year
442	550		for a minimum of three (3) years fol lowing retirement. The Board
443	551		shall select a minimum of two physicians to examine the ret ired
444	552		members and pay for their services from the fund. Any retired
445	553		disabled member found no longer disabled by t he examining physicians
446	554		to perform the occupation of t he member or an alternate occupati on
447	555		or service covered by the System shall be required t o return to duty
448		-	and complete twenty (20) years of service as provided in subsection ~~ENR. H. B. NO. 2065 Page 11~~
	556	+	and complete twenty (20) years of service as provided in subsection
449	557		A of this section, or forfei t all his or her rights and claims under
450	558		Section 2-300 et seq. of this title.
	559	+	RBH No. 10963
	560	+
	561	+	ENR. H. B. NO. 2065 Page 13
451	562		J. The disability benefit under this section shall be for the
452	563		lifetime of the member unless such member is found no longer
453	564		disabled pursuant to subsection I of this section. Su ch member
454	565		shall not be entitled to the retirement bene fit pursuant to
455	566		subsection A of this section unless such member returns to active
456	567		duty and is eligible for a retirement benefit as provided in
457	568		subsection A of this section.
	569	+
458	570		K. At the postoffer, preempl oyment physical examination
459	571		required under paragraph 6 of Section 2-300 of this title, t he
460	572		physician selected by the Board shall determine the extent to which
461	573		a new member is disabled. If a member is determined to be partially
462	574		disabled, the physician shal l assign a percentage of disability to
463	575		such partial disability. If such member then bec omes entitled to a
464	576		disability benefit under either subs ection E or subsection G of this
465	577		section, the benefit payable shall be reduced by the percentage
466	578		which such member was determined to be disabled at the postoffer,
467	579		preemployment physical unless the Boar d makes a determination that
468	580		the initially determined p ercentage of disability at the
469	581		preemployment physical examination is unrelated to the reason for
470	582		the disability currently sought pursuant to subsection E or
471	583		subsection G of this section. Upon employme nt, the member shall
472	584		disclose to the Board any disabili ty payments received from any
473	585		source. The amount of disability to be paid to any member cannot
474	586		exceed one hundred percent (100%) disability from all sources. The
475	587		provisions of this subsection shall a pply only to members whose
476	588		effective date of membership is on or after July 1, 2000.
	589	+
477	590		L. In addition to the pension provided for under subsection F
478	591		of this section, if the member has one or more children under the
479	592		age of eighteen (18) years or under the ag e of twenty-two (22) years
480	593		if the child is enrolled ful l time in and is regularly attending a
481	594		public or private school or any institution of higher education,
482	595		Four Hundred Dollars ($400.00) a month shall be paid from the F und
483	596		for the support of each surviv ing child to the member or person
484	597		having the care and c ustody of such children until each child
485	598		reaches the age of eighteen (18) years or reaches the age of twenty -
486	599		two (22) years if the child is enrolled full time in and i s
487	600		regularly attending a public or private school or any institution of
488	601		higher education.
	602	+
489	603		M. Notwithstanding any other provisions in Section 2 -300
490	604		through 2-315 of this title, in order to be eligible to receive
491	605		disability benefits, a member who meets the d efinition of disability
492		-	as defined in paragraph 11 of Section 2-300 of this title shall f ile
493		-	the member's completed application for disability benefits with the ENR. H. B. NO. 2065 Page 12
	606	+	as defined in paragraph 11 of Section 2-300 of this title shall f ile RBH No. 10963
	607	+
	608	+	ENR. H. B. NO. 2065 Page 14
	609	+	the member's completed application for disability benefits with the
494	610		System before such member 's date of termination from service and
495	611		provide such additional inform ation that the System's rules require
496	612		within six (6) months of the System 's receipt of such application.
497	613		If the member's completed application for disability benefits is not
498	614		filed with the System befor e the member's date of termination from
499	615		service or such additional information as is req uired under the
500	616		System's rules is not provided within s ix (6) months of the System's
501	617		receipt of such application, such member shall be eligible only for
502	618		such other benefits as are available to members of the System and
503	619		shall not be eligible to receive any disability benefits. For good
504	620		cause shown, the Board o f Trustees may waive the requirement that
505	621		the disability application be filed before the member 's date of
506	622		termination from service. In no event shall a member be elig ible to
507	623		receive any disability ben efit if the member's completed application
508	624		is filed more than six (6) months after the member's date of
509	625		termination from service.
	626	+
510	627		N. If the requirements of Section 2 -305.1C of this title are
511	628		satisfied, a member who, by re ason of disability or attainment o f
512	629		normal retirement date or age, is separated from serv ice as a public
513	630		safety officer with the member's participating employer may elect to
514	631		have payment made directly t o the provider for qualified health
515	632		insurance premiums by deduction from his or her mont hly disability
516	633		benefit or monthly retirement payment, a fter December 31, 2006, in
517	634		accordance with Section 402(1) of the Internal Revenue Code of 1986,
518	635		as amended.
519	636
520	637		SECTION 3. If the Emergency Clause is not approved pursuant to
521	638		the requirements of the Oklahoma Constitution as part of this
522	639		measure, the effective date of Section 1 of this act shall be
523	640		October 1, 2022.
524	641
525	642		SECTION 4. If the Emergency Clause is not approved pursuant to
526	643		the requirements of the Oklahoma Constitution as part of this
527	644		measure, the effective date of Section 2 of this act shall be
528	645		November 1, 2022.
529	646
530	647		SECTION 5. Except as otherwise provided by Section 3 of this
531	648		act, Section 1 of this act shall become effective immediately upon
532	649		signature by the Governor or as otherwise provided by Section 58 of
533	650		Article V of the Oklahoma Constitution.
534	651
535	652		SECTION 6. Except as otherwise provided by Section 4 of this
536		-	act, Section 2 of this act shall become effective July 1, 202 2.
537		-	ENR. H. B. NO. 2065 Page 13
538		-	SECTION 7. It being immediately necessary for the preservati on of
539		-	the public peace, health or safety, an emergency is hereby declared
540		-	to exist, by reason whereof this act sh all take effect and be in
541		-	full force from and after its passage an d approval.
	653	+	act, Section 2 of this act shall become effective July 1, 202 2. RBH No. 10963
	654	+
	655	+	ENR. H. B. NO. 2065 Page 15
	656	+
	657	+	SECTION 7. It being immediately necessary for the preservati on
	658	+	of the public peace, health or safety, an emergency is hereby
	659	+	declared to exist, by reason whereof this act sh all take effect and
	660	+	be in full force from and after its passage an d approval. RBH No. 10963
	661	+
	662	+	ENR. H. B. NO. 2065 Page 16
	663	+	Passed the House of Representatives the 11th day of May, 2022.
	664	+
	665	+
	666	+
	667	+
	668	+	Presiding Officer of the House
	669	+	of Representatives
	670	+
	671	+
	672	+
	673	+	Passed the Senate the 28th day of April, 2022.
	674	+
	675	+
	676	+
	677	+
	678	+	Presiding Officer of the Senate
542	679
543	680
544	681
545	682		OFFICE OF THE GOVERNOR
546		-
547	683		Received by the Office of the Governor this ____________________
548	684		day of ___________________, 20_______, at _______ o'clock _______ M.
549		-
550	685		By: _________________________________
551		-
552	686		Approved by the Governor of the State of Oklahoma this _____ ____
553	687		day of ___________________, 20_______, at __ _____ o'clock _______ M.
554	688
555	689
556		-
557	690		_________________________________
558		-
559	691		Governor of the State of Oklahoma
560	692
561	693		OFFICE OF THE SECRETARY OF STATE
562		-
563	694		Received by the Office of the Secretary of State this __________
564	695		day of ___________________, 20_______, at _______ o 'clock _______ M.
565		-
566	696		By: _________________________________
567	697
568	698		THOMAS E. CUMMINS CONSULTING ACTUARY, INC.
569		-
570	699		2512 E. 71
571	700		st
572	701		Street , Suite D ∙ Tulsa, Oklahoma 74136 (918) 492-9658 ∙ (918) 492- 9659
573		-
574	702
575	703
576	704
577	705
578	706		February 18, 2022
579	707
580	708
581	709
582	710		Representative Ford
583		-
584	711		Room 300.2
585	712
586	713		Re: Proposed Committee Substitute for House Bill No. 2065
587		-
588	714		RBH No. 10531
589		-
590	715
591	716
592	717		Proposed Committee Substitute for House Bill No. 2065 would restore
593	718		changes made effective November 1, 2012 and May 24 , 2013.
594		-
595	719		Benefits would be based on the greater of the member’s average
596	720		compensation and the compensation of the highest nonsupervisory
597	721		position of the member employment agency.
598	722
599	723		Currently the benefit is based on the greater of the member’s
600	724		average compensation and the average of the compensation of the
601	725		highest nonsupervisory position of the member employment agency.
602	726
603	727
604		-
605	728		Proposed Committee Substitute for House Bill No. 2065 also amends
606	729		OPLAAA to define the changes as nonfiscal.
607		-
608	730
609	731
610	732		This bill is a non fiscal bill under OPLAAA as amended.
611	733
612	734		I am a member of the American Academy of Actuaries and meet the
613	735		Qualification Standards of the American Academy of Actuaries to
614	736		render the actuarial opinion herein.
615	737
616	738
617		-
618		-
619	739		Thomas E. Cummins
620	740
621	741		Thomas E. Cummins, MAAA
622	742
623	743
624	744		THOMAS E. CUMMINS CONSULTING ACTUARY, INC.
625		-
626	745		2512 E. 71
627	746		st
628	747		Street , Suite D ∙ Tulsa, Oklahoma 74136 (918) 492-9658 ∙ (918) 492- 9659
629		-
630	748
631	749
632	750
633	751
634	752		March 3, 2022
635	753
636	754
637	755
638	756		Representative Ford
639		-
640	757		Room 300.2
641	758
642	759		Re: Committee Substitute for House Bill No. 2065
643		-
644	760		RBH No. 10963
645		-
646	761
647	762
648	763		Committee Substitute for House B ill No. 2065 would restore changes
649	764		made effective November 1, 2012 and May 24, 2013.
650	765
651	766		Benefits would be based on the greater of the member’s average
652	767		compensation and the compensation of the highest nonsupervisory
653	768		position of the member employment agency.
654	769
655	770		Currently the benefit is based on the greater of the member’s
656	771		average compensation an d the average of the compensation of the
657	772		highest nonsupervisory position of the member employment agency.
658	773
659	774
660		-
661	775		Committee Substitute for House Bill No. 2065 also amends OPLAAA to
662	776		define the changes as nonfiscal.
663		-
664	777
665	778
666	779		This bill is a non fiscal bill under OPLAA A as amended.
667	780
668	781		I am a member of the American Academy of Actuaries and meet the
669	782		Qualification Standards of the American Academy of Actuaries to
670	783		render the actuarial opinion herein.
671	784
672	785
673		-
674		-
675	786		Thomas E. Cummins
676	787
677	788		Thomas E. Cummins, MAAA
678		-
679		-
680		-
681		-
682		-
683		-