RBH No. 6236
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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2378 By: Davis
AS INTRODUCED
An Act relating to the Teachers' Retirement System of
Oklahoma; amending 62 O.S. 2011, Section 31 03, as
last amended by Section 1 , Chapter 121, O.S.L. 2020
(62 O.S. Supp. 2020, Section 3103), which relates to
the Oklahoma Pension Legislation Actuarial Analysis
Act; modifying definitions; amending 70 O.S. 2011,
Section 17-116.10, as last amended by Section 2,
Chapter 270, O.S.L. 2017 (70 O.S. Supp. 2020, Section
17-116.10), which relates to postretirement earnings
limitations; modifying restrictions with respect to
postretirement employment; prescribing maximum amount
of postretirement earnings; prescribing requirements
related to postretirement earnin gs; modifying
provision related to employee contributions;
prohibiting accrual of postretirement service credit;
providing for applicability of certain provisions
regardless of certain election; providing school
districts not subject to certain preterminat ion
procedural requirements; prescribing maximum duration
of postretirement contacts; providing school
districts not required to rehire certain persons
based upon previous employment contract; amending
Section 3, Chapter 394, O.S.L. 2013, as last amended
by Section 1, Chapter 10, 2nd Extraordinary Session,
O.S.L. 2018 (70 O.S. Supp. 2020 , Section 18-114.14),
which relates to the minimum salary schedule;
modifying provisions related to employment of retired
teachers; providing for codification; and providing
effective dates.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: RBH No. 6236
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SECTION 1. AMENDATORY 62 O.S. 2011, Section 3103, as
last amended by Section 1, Chapter 121, O.S.L. 2020 (62 O.S. Supp.
2020, Section 3103), is amended t o read as follows:
Section 3103. As used in the Oklahoma Pension Legislation
Actuarial Analysis Act:
1. "Amendment" means any amendment, including a substitute
bill, made to a retirement bill by any committee of the House or
Senate, any conference commit tee of the House or Senate or by the
House or Senate;
2. "RB number" means that number preceded by the letters "RB"
assigned to a retirement bill by the respective staffs of the
Oklahoma State Senate and the Oklahoma House of Representatives when
the respective staff office prepares a retirement bill for a member
of the Legislature;
3. "Legislative Actuary" means the firm or entity that enters
into a contract with the Legislative Service Bureau pursuant to
Section 452.15 of Title 74 of the Oklahoma Statut es to provide the
actuarial services and other duties provided for in the Oklahoma
Pension Legislation Actuarial Analysis Act;
4. "Nonfiscal amendment" means an amendment to a retirement
bill having a fiscal impact, which amendment does not change any
factor of an actuarial investigation specified in subsection A of
Section 3109 of this title;
5. "Nonfiscal retirement bill " means a retirement bill: RBH No. 6236
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a. which does not affect the cost or funding factors of a
retirement system,
b. which affects such factors o nly in a manner which does
not:
(1) grant a benefit increase under the retirement
system affected by the bill,
(2) create an actuarial accrued liability for or
increase the actuarial accrued liability of the
retirement system affected by the bill, or
(3) increase the normal cost of the retirement system
affected by the bill,
c. which authorizes the purchase by an active member of
the retirement system, at the actuarial cost for the
purchase as computed pursuant to the statute in effect
on the effective dat e of the measure allowing such
purchase, of years of service for purposes of reaching
a normal retirement date in the applicable retirement
system, but which cannot be used in order to compute
the number of years of service for purposes of
computing the retirement benefit for the member,
d. which provides for the computation of a service -
connected disability retirement benefit for members of
the Oklahoma Law Enforcement Retirement System
pursuant to Section 2 -305 of Title 47 of the Oklahoma RBH No. 6236
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Statutes if the members were unable to complete twenty
(20) years of service as a result of the disability,
e. which requires membership in the defined benefit plan
authorized by Section 901 et seq. of Title 74 of the
Oklahoma Statutes for persons whose first elected or
appointed service occurs on or after November 1, 2018,
if such persons had any prior service in the Oklahoma
Public Employees Retirement System prior to November
1, 2015,
f. which provides for a one -time increase in retirement
benefits if the increase in retirement benefits is not
a permanent increase in the gross annual retirement
benefit payable to a member or beneficiary, occurs
only once pursuant to a single statutory authorization
and does not exceed:
(1) the lesser of two percent (2%) of the gross
annual retirement benefit of the member or One
Thousand Dollars ($1,000.00) and requires that
the benefit may only be provided if the funded
ratio of the affected retirement system would not
be less than sixty percent (60%) but not greater
than eighty percent (80%) after the benefit
increase is paid, RBH No. 6236
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(2) the lesser of two percent (2%) of the gross
annual retirement benefit of the member or One
Thousand Two Hundred Dollars ($1,200.00) and
requires that the benefit may only be provided if
the funded ratio of th e affected retirement
system would be greater than eighty percent (80%)
but not greater than one hundred percent (100%)
after the benefit increase is paid,
(3) the lesser of two percent (2%) of the gross
annual retirement benefit of the member or One
Thousand Four Hundred Dollars ($1,400.00) and
requires that the benefit may only be provided if
the funded ratio of the affected retirement
system would be greater than one hundred percent
(100%) after the benefit increase is paid, or
(4) the greater of two per cent (2%) of the gross
annual retirement benefit of the volunteer
firefighter or One Hundred Dollars ($100.00) for
persons who retired from the Oklahoma
Firefighters Pension and Retirement System as
volunteer firefighters and who did not retire
from the Oklahoma Firefighters Pension and
Retirement System as a paid firefighter. RBH No. 6236
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As used in this subparagraph, "funded ratio" means the
figure derived by dividing the actuarial value of
assets of the applicable retirement system by the
actuarial accrued liability of the applicable
retirement system, or
g. which provides a cost -of-living benefit increase
pursuant to the provisions of Sections 2 through 7 of
this act, or
h. which modifies the postretirement earnings limit
provisions in Section 17 -116.10 of Title 70 o f the
Oklahoma Statutes as provided by Section 2 of this act
and which modifies the postretirement provisions of
the minimum salary schedule as provided by subsection
F of Section 18-114.14 of Title 70 of the Oklahoma
Statutes in the manner prescribed by S ection 4 of this
act.
A nonfiscal retirement bill shall include any retirement bill that
has as its sole purpose the appropriation or distribution or
redistribution of monies in some manner to a retirement system for
purposes of reducing the unfunded liabi lity of such system or the
earmarking of a portion of the revenue from a tax to a retirement
system or increasing the percentage of the revenue earmarked from a
tax to a retirement system; RBH No. 6236
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6. "Reduction-in-cost amendment" means an amendment to a
retirement bill having a fiscal impact which reduces the cost of the
bill as such cost is determined by the actuarial investigation for
the bill prepared pursuant to Section 3109 of this title;
7. "Retirement bill" means any bill or joint resolution
introduced or any bill or joint resolution amended by a member of
the Oklahoma Legislature which creates or amends any law directly
affecting a retirement system. A retirement bill shall not mean a
bill or resolution that impacts the revenue of any state tax in
which a portion of the revenue generated from such tax is earmarked
for the benefit of a retirement system;
8. "Retirement bill having a fiscal impact " means any
retirement bill creating or establishing a retirement system and any
other retirement bill other tha n a nonfiscal retirement bill; and
9. "Retirement system" means the Teachers' Retirement System of
Oklahoma, the Oklahoma Public Employees Retirement System, the
Uniform Retirement System for Justices and Judges, the Oklahoma
Firefighters Pension and Reti rement System, the Oklahoma Police
Pension and Retirement System, the Oklahoma Law Enforcement
Retirement System, or a retirement system established after January
1, 2006.
SECTION 2. AMENDATORY 70 O.S. 2011, Section 17 -116.10,
as last amended by Section 2, Chapter 270, O.S.L. 2017 (70 O.S.
Supp. 2020, Section 17-116.10), is amended to read as follows: RBH No. 6236
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Section 17-116.10 A. Subject to the requirements of Section 6 -
101.2 of this title and any other applicable requirements of law, a
member may enter into postretirement employment with a public school
of Oklahoma and still receive monthly retirement benefits subject to
the following limitations:
1. A retired member is not eligible to be employed by the
public schools of Oklahoma, in a ny capacity, for sixty (60) calendar
days between the retiree's last day of preretirement public
education employment and any postretirement public education
employment. For purposes of this section, the term "last day of
preretirement employment" shall m ean the last day the employee is
required to be physically present on the job to complete the terms
of the employment contract or agreement. An employee on paid leave
is still considered to be employed for purposes of this section.
Employment under any c onditions during this time, volunteer services
for the purpose of obtaining a paid position at a later date, or
payment at a later time for services performed during this time
period shall cause the forfeiture of all retirement benefits
received during the period;
2. Unless otherwise provided in paragraph 3 of this subsection,
earnings from the public schools may not exceed one -half (1/2) of
the member's final average salary used in computing retirement
benefits, or the Earnings Limitation for employees al lowed by the
Social Security Administration, whichever is less. For retired RBH No. 6236
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members under the age of sixty -two (62) years, the limit on allowed
earnings from the public schools of Oklahoma for employment for the
performance of duties ordinarily performed by classified or
nonclassified personnel shall be the lesser of Fifteen Thousand
Dollars ($15,000.00) or one -half (1/2) of the member's final average
salary used in computing retirement benefits unless the earnings
limitation allowed by the Social Security Administration would be
greater than Fifteen Thousand Dollars ($15,000.00). For retired
members sixty-two (62) years of age or older the limit on allowed
earnings from the public schools of Oklahoma for the performance of
duties ordinarily performed by c lassified or nonclassified personnel
shall be the lesser of Thirty Thousand Dollars ($30,000.00) or one -
half (1/2) of the member's final average salary used in computing
retirement benefits. For purposes of this paragraph, the following
shall apply:
a. earnings shall mean "regular annual compensation" as
defined in paragraph (25) of Section 17 -101 of this
title, and shall include any payment by a public
school for services rendered by a retired member who
is employed for any purpose whatsoever. Supplement al
retirement payments paid by a former public school
employer pursuant to subsection 9 of Section 17 -105 of
this title or other state law shall not be considered
as earnings, RBH No. 6236
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b. the Earnings Limitation for employees allowed by the
Social Security Administ ration to workers between the
age of sixty-two (62) years and sixty -five (65) years
shall apply to retired members below the age of sixty -
two (62) years,
c. the limit on allowed earnings from the public schools
shall be automatically adjusted effective the first
day of January of each year to reflect the current
Earnings Limitation for employees as determined from
time to time by the Social Security Administration,
d. the earnings limit for the calendar year in which a
member retires shall be one -twelfth (1/12) of the
annual limit multiplied by the number of months the
member is eligible to work and receive payments from
the public schools of Oklahoma,
e. earnings in excess of the maximum limit on allowed
earnings from public schools of Oklahoma shall result
in a loss of future retirement benefits for the year
the postretirement employment was performed of One
Dollar ($1.00) for each One Dollar ($1.00) earned over
the maximum allowed earnings amount,
f. for those members age seventy (70) years and over, the
earnings in excess of the maximum limit allowed
earnings from public schools of Oklahoma shall be one - RBH No. 6236
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half (1/2) the member's final average salary used in
computing retirement benefits. However, any retired
member receiving benefits from the Retirement Sys tem
who reached age seventy (70) years prior to July 1,
1991, shall not be restricted by the earnings limits
pursuant to this subparagraph until January 1, 1994.
To qualify for the provisions of this subparagraph,
the member must be employed less than one -half (1/2)
time compared to other full -time employees in similar
positions;
3. Notwithstanding paragraph 2 of this subsection, a retired
classified or nonclassified member who has been retired for thirty -
six (36) or more months and who is employed by a p ublic school to
perform duties ordinarily performed by classified or nonclassified
personnel shall be able to receive annualized earnings from the
public school with no reduction in retirement benefits regardless of
the amount of annualized earnings. For a period of three (3) years
beginning July 1, 2017, members who have retired as of July 1, 2017,
as active classroom teachers, who have been retired and receiving a
benefit for at least one (1) year, and who have not been employed by
any public school duri ng that one-year period, shall be eligible to
be reemployed as an active classroom teacher in common or career
tech school districts, with no limitations on earnings. The one -
year period starts with the retiree's last day of preretirement RBH No. 6236
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public education employment. Members returning under this section
shall not be subject to any earning limitations following the end of
the three-year period described in this paragraph. Members
returning under this section shall only be employed pursuant to a
temporary contract; and
4. A member shall be considered to be employed by a school
district to perform the duties ordinarily performed by classified or
nonclassified personnel if the member is hired by the school
district in the member's individual capacity to perf orm the duties
or if the member performs the duties through employment with a
proprietorship, partnership, corporation, limited liability company
or partnership, or any other business structure that has agreed or
contracted to provide the services to the s chool district;
3. For the first year a retired member is employed full -time by
a public school district, the maximum compensation amount shall be
Thirty-six Thousand Six Hundred One Dollars ($36,601.00). For all
years of service after the first twelve ( 12) months after a member
retires from the System, there shall be no minimum salary
requirement and the provisions of Section 18 -114.14 of this title
shall not be applicable to compensation paid by a public school
district to a retired member of the Syste m for full-time employment;
and
4. For the second and subsequent years that a retired member is
employed full-time by a public school district, the maximum RBH No. 6236
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compensation amount shall be Fifty Thousand Dollars ($50,000.00) and
the provisions of Section 18 -114.14 of this title shall not be
applicable to compensation paid by a public school district for
full-time employment to a retired member of the System .
B. A public school district that employs a retired member shall
be required to make contributions to t he System for the retired
member in an amount as required in Section 17 -108.1 and in paragraph
3 of subsection B of Section 17 -116.2 of this title. A retired
member employed pursuant to the provisions of this section shall not
accrue any additional servic e credit in the Teachers ' Retirement
System of Oklahoma resulting from performance of postretirement
employment with a school district. The provisions of this
subsection for payment of employer contribution amounts and the
provisions prohibiting accrual o f additional service credit shall be
applicable regardless of whether the member is receiving his or her
retirement benefit or not and shall not depend upon any election the
member might exercise to suspend or delay receipt of the retirement
benefit amount.
C. For purposes of this section, postretirement employment of
less than one thousand (1,000) hours per year with the Governor, the
State Senate, the House of Representatives or the Legislative
Service Bureau shall not be considered as postretirement emp loyment
with a public school of Oklahoma. RBH No. 6236
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D. The Board of Trustees of the Teachers' Retirement System of
Oklahoma shall promulgate such rules as are necessary to implement
the provisions of this section.
E. A member who has entered into postretirement em ployment with
a participating employer of the Teachers' Retirement System of
Oklahoma must fully comply with all the provisions of the rules
promulgated by the Board of Trustees pursuant to this section in
order to continue receiving his or her monthly ret irement benefit.
SECTION 3. NEW LAW A new section of law to be codified in the
Oklahoma Statutes as Section 6 -101.6c of Title 70, unless there is
created a duplication in numbering, reads as follows:
A school district that employs a ret ired member of the Teachers '
Retirement System of Oklahoma shall not be subject to any provisions
of law related to pretermination procedures and the school district
shall not have any legal obligation to enter into a postretirement
employment contract. A ll such postretirement employment contracts
shall be for a period of no longer than twelve (12) months as agreed
to by the school district and the retired member. No school
district shall be obligated to rehire a retired member with whom the
district has previously entered into a postretirement employment
contract.
SECTION 4. AMENDATORY Section 3, Chapter 394, O.S.L.
2013, as last amended by Section 1, Chapter 10, 2nd Extraordinary RBH No. 6236
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Session, O.S.L. 2018 (70 O.S. Supp. 2020 , Section 18-114.14), is
amended to read as follows:
Section 18-114.14 A. Beginning with the 2018 -2019 school year,
certified personnel, as defined in Section 26 -103 of this title, in
the public schools of Oklahoma shall receive in salary and/or fringe
benefits not less than the amounts specified in the following
schedule:
MINIMUM SALARY SCHEDULE
National
Years of Bachelor's Board Master's Doctor's
Experience Degree Certification Degree Degree
0 $36,601 $37,759 $37,991 $39,381
1 $37,035 $38,193 $38,425 $39,815
2 $37,469 $38,628 $38,859 $40,249
3 $37,904 $39,062 $39,294 $40,684
4 $38,338 $39,496 $39,728 $41,118
5 $38,810 $39,968 $40,200 $41,590
6 $39,273 $40,432 $40,663 $42,054
7 $39,737 $40,895 $41,127 $42,517
8 $40,200 $41,358 $41,590 $42,980
9 $40,663 $41,822 $42,054 $43,444
10 $41,684 $42,844 $43,568 $45,945
11 $42,177 $43,336 $44,061 $46,438
12 $42,670 $43,829 $44,554 $46,931 RBH No. 6236
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13 $43,162 $44,322 $45,047 $47,424
14 $43,655 $44,815 $45,539 $47,916
15 $44,167 $45,327 $46,052 $48,430
16 $44,660 $45,820 $46,545 $48,923
17 $45,153 $46,313 $47,038 $49,416
18 $45,646 $46,806 $47,531 $49,909
19 $46,139 $47,299 $48,024 $50,402
20 $46,652 $47,813 $48,538 $50,917
21 $47,145 $48,306 $49,031 $51,410
22 $47,639 $48,799 $49,524 $51,903
23 $48,132 $49,292 $50,018 $52,397
24 $48,625 $49,785 $50,511 $52,890
25 $50,049 $51,232 $51,971 $54,395
Master's Degree +
Years of National Board
Experience Certification
0 $39,149
1 $39,583
2 $40,018
3 $40,452
4 $40,886
5 $41,358
6 $41,822
7 $42,285 RBH No. 6236
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8 $42,749
9 $43,212
10 $44,728
11 $45,221
12 $45,713
13 $46,206
14 $46,699
15 $47,212
16 $47,705
17 $48,198
18 $48,691
19 $49,184
20 $49,698
21 $50,192
22 $50,685
23 $51,178
24 $51,671
25 $53,153
B. 1. When determining the Minimum Salary Schedule, "fringe
benefits" shall mean all or part of retirem ent benefits, excluding
the contributions made pursuant to subsection A of Section 17 -108.1
of this title and the flexible benefit allowance pursuant to Section
26-105 of this title from the flexible benefit allowance funds
disbursed by the State Board of Education and the State Board of RBH No. 6236
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Career and Technology Education pursuant to Section 26 -104 of this
title.
2. If a school district intends to provide retirement benefits
to a teacher such that the teacher's salary would be less than the
amounts set forth in the minimum salary schedule specified in
subsection A of this section, the district shall be required to
provide written notification to the teacher prior to his or her
employment or, if already employed by the district, no later than
thirty (30) days prior to the date the district elects to provide
retirement benefits such that the teacher's salary would be less
than the minimum salary schedule.
C. Any of the degrees referred to in this section shall be from
a college recognized by the State Board of E ducation. The Board
shall accept teaching experience from out -of-state school districts
that are accredited by the state board of education or appropriate
state accrediting agency for the districts. The Board shall accept
teaching experience from out -of-country schools that are accredited
or otherwise endorsed by the appropriate national or regional
accrediting or endorsement authority. Out -of-country certification
documentation in a language other than English shall be analyzed by
an educational credent ial evaluation service in accordance with
industry standards and guidelines and approved by the State
Department of Education. The person seeking to have credit granted
for out-of-country teaching experience shall be responsible for all RBH No. 6236
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costs of the analysis by a credential evaluation service. The Board
shall accept teaching experience from primary and secondary schools
that are operated by the United States Department of Defense or are
affiliated with the United States Department of State.
D. For the purpose of state salary increments and retirement,
no teacher shall be granted credit for more than five (5) years of
active duty in the military service or out -of-state or out-of-
country teaching experience as a certified teacher or its
equivalent. Nothing in this section shall prohibit boards of
education from crediting more years of experience on district salary
schedules than those allowed for state purposes.
E. The State Board of Education shall recognize, for purposes
of certification and salary incre ments, all the years of experience
of a:
1. Certified teacher who teaches in the educational program of
the Department of Corrections, beginning with fiscal year 1981;
2. Vocational rehabilitation counselor under the Department of
Human Services if the c ounselor was employed as a certified teacher
by the State Department of Education when the Division of Vocational
Rehabilitation was transferred from the State Board of Career and
Technology Education or the State Board of Education to the Oklahoma
Public Welfare Commission on July 1, 1968;
3. Vocational rehabilitation counselor which were completed
while employed by the Department of Human Services if such counselor RBH No. 6236
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was certified as a teacher or was eligible for certification as a
teacher in Oklahoma;
4. Certified teacher which were completed while employed by the
Department of Human Services Child Study Center at University
Hospital, if the teacher was certified as a teacher in Oklahoma; and
5. Certified school psychologist or psychometrist which were
completed while employed as a doctoral intern, psychological
assistant, or psychologist with any agency of the State of Oklahoma
if the experience primarily involved work with persons of school - or
preschool-age and if the person was, at the time the experi ence was
acquired, certified as, or eligible for certification as, a school
psychologist or psychometrist.
F. The provisions of this section shall not apply to teachers
who have retired from the Teachers ' Retirement System of Oklahoma
and who have entered into postretirement employment with a public
school in Oklahoma and are still receiving a monthly retirement
benefit.
G. If a person employed as certified personnel, as defined in
Section 26-103 of this title, by a school district during the 2017 -
2018 school year was receiving a salary above the step level
indicated by the State Minimum Salary Schedule for the 2017 -2018
school year, the person shall receive a salary increase amount equal
to the amount indicated in subsection A of this section for the step
level indicated for the person, provided they remain employed by the RBH No. 6236
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same district, unless the hours or the duties of the certified
personnel are reduced proportionately.
SECTION 5. Section 1 of this act shall become effective October
1, 2021.
SECTION 6. Sections 2, 3 and 4 of this act shall become
effective November 1, 20 21.
58-1-6236 MAH 12/30/20
THOMAS E. CUMMINS CONSULTING ACTUARY, INC.
2512 E. 71
st
Street , Suite D ∙ Tulsa, Oklahoma 74136 (918) 492-9658 ∙ (918) 492- 9659
January 18, 2021
Representative Dean Davis
Room 500.3
Re: RBH No. 6236
RBH No. 6236 amends the earnings limitations for retired teacher who
return to teaching.
The new limits are $36,000 for the first year and no limit
thereafter.
The contains an amendment to OPLAAA defining nonfiscal bill to
include the above change as nonfiscal.
RBH No. 6236 is a nonfiscal bill as defined by OPLAAA due the change
in OPLAAA.
I am a member of the American Academy of Actuaries and meet the
Qualification Standards of the American Academy of Actuaries to
render the actuarial opinion herein.
Thomas E. Cummins
Thomas E. Cummins, MAAA