Oklahoma 2022 Regular Session

Oklahoma House Bill HB2293 Compare Versions

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1-An Act
1+RBH No. 8274
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3-ENROLLED HOUSE
4-BILL NO. 2293 By: Roberts (Dustin) of the
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28+STATE OF OKLAHOMA
29+
30+1st Session of the 58th Legislature (2021)
31+
32+CONFERENCE COMMITTEE
33+SUBSTITUTE
34+FOR ENGROSSED
35+HOUSE BILL NO. 2293 By: Roberts (Dustin) of the
536 House
637
738 and
839
940 Paxton of the Senate
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46+CONFERENCE COMMITTEE SUBSTITUTE
1547
1648 An Act relating to the Teachers' Retirement System of
1749 Oklahoma; amending 70 O.S. 2011, Section 17 -108,
1850 which relates to matching contribution amounts;
1951 providing for differential rates; defining terms;
2052 modifying requirements with respect to summer school
2153 programs; imposing requirements related to contracts;
2254 providing exceptions; and providing methodology for
2355 certain contribution rate.
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28-
29-SUBJECT: Teachers' Retirement System of Oklahoma
30-
3160 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
32-
3361 SECTION 1. AMENDATORY 70 O.S. 2011, Section 17 -108, is
3462 amended to read as follows:
35-
3663 Section 17-108. A. Each local school district, or state
3764 college or university, or State Board of Education , or State Board
3865 of Career and Technology Education, or other state agencies whose
3966 employees are members of the Teachers' Retirement System
40-("participating employer s"), shall match, on a pro rata basis, in
67+("participating employers"), shall match, on a pro rata basis, in RBH No. 8274
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4194 accordance with subsection B of this section the contributions of
4295 members whose salaries are paid by federal funds or externally
4396 sponsored agreements such as gran ts, contracts and cooperative
4497 agreements. These funds shall be remitted at the same time as the
4598 regular contributions of members are remitted to the Teachers'
4699 Retirement System of Oklahoma and deposited in the Retirement
47-Benefit Fund. RBH No. 8274
48-
49-ENR. H. B. NO. 2293 Page 2
50-
100+Benefit Fund.
51101 B. On an annual bas is, the Board of Trustees shall set the two
52102 contribution rate rates to be paid by contributing employers as
53103 provided in subsection A of this section. The Both contribution
54104 rate rates shall be determined using cost principles established by
55105 federal regulations and shall be consistent with policies,
56106 regulations and procedures that apply uniformly to both federally
57107 assisted and other activities, and be accorded consistent treatment
58108 through application of generally accepted accounting principles.
59109 The Board shall approve the contribution rate rates for each fiscal
60110 year ending June 30, no later than April 1 of the previous fiscal
61111 year. The first rate shall be applied to service performed during
62112 the regular school year of the participating employer. The second
63113 rate shall be applied to service performed by members during a
64114 summer school program of the participating employer. For the
65115 purposes of this subsection, "summer school program" is defined as a
66116 program offering academic enrichment for students from Pre -K through
67-12th grades during the summer term after the close of the school
117+12th grades during the summer term after the close of the school RBH No. 8274
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68144 year. Members shall only be considered as providing service to a
69145 summer school program if such service is provided pursuant to a
70146 separate summer school contract between the member and the
71147 participating employer. The term "summer school program" does not
72148 include services performed at a participating employer offering an
73149 extended school year pursuant to Section 1 -109.1 of this title, or
74150 services performed by staff pursuant to a twelve -month contract with
75151 the employer. The method applied to setting the second contribution
76152 rate may take into consideration whether, or to what extent, such
77153 service is likely to add to members' service credit or final average
78154 salary; provided, however, the se cond rate shall not exceed one -half
79155 (1/2) of the first rate established in this subsection. The actuary
80156 retained by the Board may recommend such rates using assumptions
81157 that apply to the group of those members whose service is subject to
82158 the second contribution rate.
83-
84159 C. All the assets of the retirement system shall be credited
85160 according to the purpose for which they are held to one of eight
86161 funds, namely: The Teachers' Savings Fund, the Retirement Benefit
87162 Fund, the Interest Fund, the Permanent Retirement Fund, the Expense
88163 Fund, the Suspense Fund, the Teachers' Deposit Fund, and the Retiree
89164 Medical Benefit Fund.
90-
91165 1. The Teachers' Savings Fund shall be a fund in which shall be
92166 accumulated the regular contributions from the compensation of
93-members, including interest earnings prior to July 1, 1968.
94-Contributions to and payments from the Teachers ' Savings Fund shall RBH No. 8274
167+members, including interest earnings prior to July 1, 1968. RBH No. 8274
95168
96-ENR. H. B. NO. 2293 Page 3
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194+Contributions to and payments from the Teachers' Savings Fund shall
97195 be made as specifically provided in each plan available within the
98196 retirement system.
99-
100197 2. The deductions provided for in the plans within the
101198 retirement system shall be made notwithstanding that the minimum
102199 compensation provided for any member shall be reduced thereby.
103200 Every member shall be deemed to consent and agree to the deductions
104201 made and provided for herein and payment of salary or compensa tion,
105202 less the deduction, shall be a full and complete discharge and
106203 acquittance of all claims and demands whatsoever for the services
107204 rendered by such person during the period covered by such payment,
108205 except as to the benefits provided under this act. Th e employer
109206 shall certify to the Board of Trustees on each and every payroll, or
110207 in such other manner as the Board may prescribe, the amounts to be
111208 deducted, and each of the amounts shall be deducted, and when
112209 deducted shall be paid into the Teachers' Savin gs Fund, and shall be
113210 credited to the individual account of the member from whose
114211 compensation the deduction was made.
115-
116212 3. Following the termination of membership in the retirement
117213 system for any member who has been absent from service for five (5)
118214 years in any period of six (6) consecutive years, the Teachers'
119215 Savings Fund Account of such member shall be closed and the amount
120216 due the member as provided in Section 17 -105 of this title shall be
121-paid upon the filing of formal application. At the time such
217+paid upon the filing of formal application. At the time such RBH No. 8274
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122244 membership is terminated the amount due the member as provided in
123245 Section 17-105 of this title shall be transferred to the Suspense
124246 Fund.
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126247 4. Upon the retirement of a member, the balance of money he or
127248 she had in the Teachers' Savings Fund shall be transferr ed to the
128249 Retirement Benefit Fund.
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130250 5. Retirement Benefit Fund.
131-
132251 a. After August 2, 1969, there shall be transferred from
133252 the Teachers' Savings Fund for those members drawing
134253 retirement benefits from the Teachers' Retirement
135254 System of Oklahoma an amount nec essary to provide the
136255 monthly annuity payments and pension payments as
137256 required in Section 17 -107 of this title. In addition
138257 the fund shall consist of monies received from any
139258 state dedicated revenue, monies received from state
140259 appropriations, monies rece ived from federal matching
141-funds, and the residue of the interest on investments RBH No. 8274
142-
143-ENR. H. B. NO. 2293 Page 4
260+funds, and the residue of the interest on investments
144261 after the requirements of Section 17 -107 of this title
145262 have been fully met. The Retirement Benefit Fund
146263 shall consist of an amount of money necessary for the
147264 making of retirement payments to retirees.
148-
149265 b. Should a member have deposits in the Teachers' Deposit
150266 Fund or the Tax-Sheltered Annuity Fund and wish to
151-receive monthly retirement benefits on such deposits,
267+receive monthly retirement benefits on such deposits, RBH No. 8274
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152294 the actuarial equivalent of a two -year period and each
153295 succeeding fiscal year thereafter shall be transferred
154296 to the Retirement Benefit Fund. The member may choose
155297 any of the plans available in the Teachers' Retirement
156298 Act as a method of receiving monthly retirement
157299 benefits on the money he has on deposit in the
158300 Teachers' Deposit Fund or the Tax -Sheltered Annuity
159301 Fund. The monthly retirement benefits paid from the
160302 Teachers' Deposit Fund or the Tax -Sheltered Annuity
161303 Fund shall be in addition to the regular retirement
162304 benefits and the money transferred from the Teachers'
163305 Deposit Fund or Tax-Sheltered Annuity Fund shall not
164306 be matched by the State of Oklahoma.
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166307 c. From the Retirement Benefit Fund shall be paid all
167308 monthly retirement benefits.
168-
169309 d. At the death of a retired member who has retired under
170310 the Maximum Plan of Retir ement, Option 1 or Option 4,
171311 the balance of money the member has in the Teachers'
172312 Savings Fund shall be transferred to the Retirement
173313 Benefit Fund and the amount due the beneficiary or his
174314 or her estate under Option 1 or Option 4 shall be paid
175315 from the Retirement Benefit Fund.
316+e. At the death of both a retired member and the retired
317+member's spouse, who had retired under Option 2 or 3, RBH No. 8274
176318
177-e. At the death of both a retired member and the retired
178-member's spouse, who had retired under Option 2 or 3,
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179344 any balance in the Teachers' Savings Fund shall be
180345 transferred from the Teachers' Savings Fund to the
181346 Retirement Benefit Fu nd.
182-
183347 f. At the death of a retired member who had retired under
184348 Option 5, the balance of any monies the member had in
185349 the Teachers' Savings Fund shall be transferred to the
186350 Retirement Benefit Fund for the purpose of making a
187351 lump-sum settlement to the benefi ciary or his estate.
188-Providing that if the surviving spouse elects to RBH No. 8274
189-
190-ENR. H. B. NO. 2293 Page 5
352+Providing that if the surviving spouse elects to
191353 receive the balance under the Maximum Plan of
192354 Retirement or Option 1 the member's money, if any, on
193355 a monthly basis, constituting actuarial equivalent of
194356 two (2) years' payments, and ea ch year thereafter the
195357 annual actuarial equivalent, shall be transferred from
196358 the Teachers' Savings Fund for the purpose of paying
197359 monthly retirement benefits to the spouse under this
198360 option.
199-
200361 6. The Interest Fund is hereby created to facilitate the
201362 crediting of interest to the various other funds to which interest
202363 is to be credited. All income, interest and dividends derived from
203364 the deposits and investments authorized by this act shall be paid
204365 into the Interest Fund. On June 30, each year, interest shal l be
205-transferred to the other funds as herein provided.
366+transferred to the other funds as herein provided. RBH No. 8274
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206392
207393 7. The Permanent Retirement Fund shall consist of the
208394 accumulated gifts, awards, and bequests made to the retirement
209395 system, and transfers from the Suspense Fund, the principal of which
210396 is hereby held and dedicated as a perpetual endowment of the
211397 retirement system and shall not be diverted or appropriated to any
212398 other cause or purpose unless specifically provided for in such
213399 gifts, awards or bequests.
214-
215400 8. The Expense Fund shall be the fund from which the expense of
216401 administration and maintenance of the retirement system shall be
217402 paid. The Board of Trustees shall cause to be prepared and adopt
218403 annually an itemized budget showing the amount required to defray
219404 the expenses for the ensuing fiscal year.
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221405 Transfers to and payments from this fund shall be made as
222406 follows: first, from the Interest Fund; second, from any dedicated
223407 revenue; and, third, from appropriation by the Oklahoma Legislature.
224-
225408 All monies for the operation of the Teachers' Retirement System
226409 of Oklahoma shall be paid from the Expense Fund upon the approval by
227410 the Board of Trustees and the checks signed by two people designated
228411 to sign such checks by the Board of Trustees of the Teachers'
229412 Retirement System of Oklahoma.
230-
231413 9. The Suspense Fund sh all be comprised of amounts transferred
232414 to the fund as provided in this section and Section 17 -105 of this
233415 title and obligations of the retirement system to any member or
234-person which cannot be legally discharged.
235- RBH No. 8274
416+person which cannot be legally discharged. RBH No. 8274
236417
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238443 10. Teachers' Deposit Fund.
239-
240444 Any member may request, prior to a pay period, that his or her
241445 employer make additional deposits for him or her, for tax -sheltered
242446 annuity purposes. However, the amount deposited shall not exceed
243447 the limits as defined in Section 402(g) and Section 415 of the
244448 Internal Revenue Code of 1986, as amended, and applicable federal
245449 regulations. All such deposits shall be credited to the member's
246450 account in the Teachers' Deposit Fund for the purchase of a tax -
247451 sheltered annuity. The amount thus accumulated, with earnings,
248452 shall be used upon the member's retirement, separation from service,
249453 death or disability to purchase an annuity in addition to his or her
250454 regular service retirement allowance. The amount a member
251455 accumulates in the Teachers' Deposit Fund, not including interes t,
252456 may be used to pay distributions in the case of hardship as provided
253457 in Section 403(b)(11) of the Internal Revenue Code of 1986, as
254458 amended, and applicable federal regulations.
255-
256459 11. Collection of Contributions.
257-
258460 The collection of members' contributions shall be as
259461 follows:
260-
261462 (1) Each employer shall cause to be deducted on each
262463 and every payroll or claim of a member for each
263464 and every payroll claim period subsequent to the
264465 date of establishment of the retirement system
265-the contribution payable by such member as
466+the contribution payable by such membe r as RBH No. 8274
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266493 provided in this act. With each and every
267494 payroll or claim the employer shall deliver to
268495 the treasurer of the employer warrants issued to
269496 the employees as shown to be due by the payroll
270497 or claim, together with a warrant or warrants in
271498 favor of the Teachers' Retirement System as shown
272499 by the payroll or claim.
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274500 (2) The treasurer or disbursing officer upon delivery
275501 of the warrants and a true copy of the payroll or
276502 claims as provided above shall register the
277503 warrants as provided for the registration of
278504 other school warrants, and shall deliver to the
279505 employer warrants issued in favor of the
280506 employees, and shall deliver warrants issued in
281507 favor of the Teachers' Retirement System and the
282-copy of the payroll or claims to the school RBH No. 8274
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284-ENR. H. B. NO. 2293 Page 7
508+copy of the payroll or claims to the school
285509 district superintendent as de signated by the
286510 Board of Trustees. For the purpose of collecting
287511 contributions of teachers in the public schools,
288512 the superintendent of a school district is hereby
289513 designated to receive the Teachers' Retirement
290514 warrants from the treasurer or proper disbur sing
291515 officer of the several school districts for the
292-purpose of transmitting such warrants and payroll
516+purpose of transmitting such warrants and payroll RBH No. 8274
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293543 or claims to the Executive Director of the
294544 Teachers' Retirement System of the State of
295545 Oklahoma. Any college or university or other
296546 educational institut ion or agency operated in
297547 whole or in part by the state shall have the
298548 amount retained or deducted from the funds
299549 regularly appropriated by the state for the
300550 current maintenance for such educational
301551 departments and institutions.
302-
303552 (3) For the purpose of enab ling the collection of the
304553 contributions of the members of the retirement
305554 system to be made as simple as possible, the
306555 Board of Trustees shall require the secretary or
307556 other officer of each employer -board or agency,
308557 within thirty (30) days after the beginn ing of
309558 each school year, to make a list of all teachers
310559 in its employ who are members of the retirement
311560 system, certify to the correctness of this list,
312561 and file the same with the Executive Director of
313562 the Board of Trustees of the Teachers' Retirement
314563 System. If additions to or deductions from this
315564 list should be made during the year such
316-additions or deductions shall likewise be
565+additions or deductions shall likewise be RBH No. 8274
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317592 certified to the Board of Trustees of the
318593 Teachers' Retirement System.
319-
320594 (4) The State Treasurer shall furnish annually to the
321595 Board of Trustees a sworn statement of the amount
322596 of the funds in his or her custody belonging to
323597 the retirement system. The records of the Board
324598 of Trustees shall be open to public inspection
325599 and any member of the retirement system shall be
326600 furnished with a statement of the amount of the
327601 credit to his or her individual account upon
328602 written request by such member, provided the
329-Board of Trustees shall not be required to answer RBH No. 8274
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331-ENR. H. B. NO. 2293 Page 8
603+Board of Trustees shall not be required to answer
332604 more than one such request of a member in any one
333605 (1) year.
334-
335606 (5) Failure of any super intendent, officer, or other
336607 person to discharge the duties imposed upon him
337608 or her by this act shall render him or her or his
338609 or her bondsman liable for any loss occasioned
339610 thereby to the Teachers' Retirement System or the
340611 employees of the school district , or both.
341-
342612 (6) On a showing by the Teachers' Retirement System
343613 that a warrant, voucher or check issued to it
344614 has, for any reason, been lost or never received,
345-after ninety (90) days from the date of issue or
615+after ninety (90) days from the date of issue or RBH No. 8274
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346642 from transmittal for payment, it shall be the
347643 duty of the issuing authority forthwith, without
348644 any indemnifying bond or other requirements, to
349645 issue a duplicate thereof in lieu of that which
350646 was lost, to the Teachers' Retirement System; and
351647 the Teachers' Retirement System shall save
352648 harmless any school district or agency of state
353649 government making payment under the provisions
354650 hereof to the State Teachers' Retirement System
355651 if the original warrant, voucher or check is
356652 later presented for payment and same is paid
357653 after a duplicate warrant, voucher or check has
358654 been issued and paid to the Teachers' Retirement
359655 System, and any loss sustained therefrom shall be
360656 charged to the Interest Fund.
361-
362657 12. Rollover Contributions and Direct Trustee -to-Trustee
363658 Transfers from Other Plans.
364-
365659 Any member may purchase credit for s ervice, to the extent
366660 specified in this title, with rollovers from an eligible retirement
367661 plan as defined by the Internal Revenue Code of 1986, as amended
368662 from time to time. A member may also purchase permissive service
369663 credit, as defined by Code Section 415(n)(3)(A), with a direct
370664 trustee-to-trustee transfer from a governmental Code Section 403(b)
371-plan or governmental Code Section 457(b) plan. All rollovers and
665+plan or governmental Code Section 457(b) plan. All rollovers and RBH No. 8274
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372692 direct trustee-to-trustee transfers shall be allowed to the extent
373693 permitted by federal law. Rollovers or direct transfers in excess
374694 of the amount necessary to purchase such service credit shall not be
375695 allowed.
376- RBH No. 8274
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378-ENR. H. B. NO. 2293 Page 9
379696 13. Retiree Medical Benefit Fund.
380-
381697 The Retiree Medical Benefit Fund shall be maintained as a
382698 subaccount under the Retirement Benefit Fund. The Retiree Medical
383699 Benefit Fund is composed of all assets contributed to this
384700 subaccount to pay the retirement system's portion of the monthly
385701 retiree health insurance benefits described in Section 1316.3 of
386702 Title 74 of the Oklahoma Statutes. All alloc ated assets and the
387703 earnings thereon in the Retiree Medical Benefit Fund shall be held
388704 for the exclusive purpose of providing retiree medical benefits
389705 pursuant to Section 1316.3 of Title 74 of the Oklahoma Statutes.
390706 The Retiree Medical Benefit Fund shall be administered in accordance
391707 with the requirements under Section 401(h) of the Internal Revenue
392708 Code of 1986, as amended from time to time. An amount necessary to
393709 pay the health insurance premiums for retired members as provided by
394710 Section 1316.3 of Titl e 74 of the Oklahoma Statutes shall be
395711 deposited each month into the Retiree Medical Benefit Fund.
396712
397- RBH No. 8274
398-
399-ENR. H. B. NO. 2293 Page 10
400-Passed the House of Representatives the 17th day of May, 2021.
401-
402-
403-
404-
405- Presiding Officer of the House
406- of Representatives
407-
408-
409-Passed the Senate the 24th day of May , 2021.
410-
411-
412-
413-
414- Presiding Officer of the Senate
415-
416-
417-
418-OFFICE OF THE GOVERNOR
419-Received by the Office of the Governor this ____________________
420-day of ___________________, 20_______, at _______ o'clock _______ M.
421-By: _________________________________
422-Approved by the Governor of the State of Oklahoma this _________
423-day of ___________________, 20_______, at _______ o'clock _______ M.
424-
425-
426- _________________________________
427- Governor of the State of Oklahoma
428-
429-OFFICE OF THE SECRETARY OF STATE
430-Received by the Office of the Secretary of State this __________
431-day of ___________________, 20_______, at _______ o'clock _______ M.
432-By: _________________________________
433-
434-THOMAS E. CUMMINS CONSULTING ACTUARY, INC.
435-2512 E. 71
436-st
437-Street , Suite D ∙ Tulsa, Oklahoma 74136 (918) 492-9658 ∙ (918) 492- 9659
438-
439-
440-
441-
442-
443-January 18, 2021
444-
445-
446-
447-Representative Dustin Roberts
448-Room 456.2
449-
450-
451-
452-Re: RBH No. 6260
453-
454-
455-
456-RBH No. 6260 modifies the provisions relating to the computation of
457-the contribution for OTRS employers.
458-
459-RBH No. 6260 is a nonfiscal bill as defined by OPLAAA.
460-
461-I am a member of the American Academy of Actuaries and meet the
462-Qualification Standards of the American Academy of Actuaries to
463-render the actuarial opinion herein.
464-
465-
466-Thomas E. Cummins
467-
468-Thomas E. Cummins, MAAA
469-
470-
471-THOMAS E. CUMMINS CONSULTING ACTUARY, INC.
472-2512 E. 71
473-st
474-Street , Suite D ∙ Tulsa, Oklahoma 74136 (918) 492-9658 ∙ (918) 492- 9659
475-
476-
477-
478-
479-
480-May 12, 2021
481-
482-
483-
484-Representative Dustin Roberts
485-Room 456.2
486-
487-
488-
489-Re: Conference Committee Substitute for Engrossed House Bill No.
490-2293
491-
492-Under Conference Committee Substitute for Engrossed House Bill No.
493-2293 OTRS there will be contribution matching rates participating
494-employers. One rate is normal service. The second rate is for
495-teaching service during summer sessions that are part of a separate
496-contract and is to be used for increasing service and final average
497-compensation for retirement benefit service. The System actuary may
498-be consulted in determining the second rate.
499-
500-
501-Conference Committee for Engrossed House Bill No. 2293 is a non
502-fiscal bill as defined by the Oklahoma Pension Legislation Actuarial
503-Analysis Act.
504-
505-I am a member of the American Academy of Actuaries and meet the
506-Qualification Standards of the American Academy of Actuaries to
507-render the actuarial opinion herein.
508-
509-
510-Thomas E. Cummins
511-
512-Thomas E. Cummins, MAAA
713+58-1-8274 MAH 05/12/21
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