Oklahoma 2022 Regular Session

Oklahoma House Bill HB2758 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		RBH No. 10731
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3		-	SENATE FLOOR VERSION - HB2758 SFLR Page 1
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29		-	SENATE FLOOR VERSION
30		-	April 13, 2022
31		-	AS AMENDED
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33	28		ENGROSSED HOUSE
34	29		BILL NO. 2758 By: Ford and Frix of the House
35	30
36	31		and
37	32
38	33		Weaver of the Senate
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43		-	[ public retirement systems - Oklahoma Public
44		-	Employees Retirement System - membership by certain
45		-	military police officers - emergency medical
46		-	personnel - allocation of employer and employee
47		-	contributions - effective date ]
	38	+
	39	+
	40	+	An Act relating to public retirement systems;
	41	+	amending 74 O.S. 2021, Sections 902, 915, 916.3,
	42	+	919.1, and 920A, which relate to the Oklahoma Public
	43	+	Employees Retirement System; providing for membership
	44	+	by certain military police officers; providing for
	45	+	membership by certain emergency medical personnel;
	46	+	providing for employee contributions; providing for
	47	+	death benefits; prescribing method for allocation of
	48	+	employer and employee contributions; and providing an
	49	+	effective date.
	50	+
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51	54		BE IT ENACTED BY THE PEOPLE O F THE STATE OF OKLAHOMA:
52	55		SECTION 1. AMENDATORY 74 O.S. 20 21, Section 902, is
53	56		amended to read as follows:
54	57		Section 902. As used in Section 901 et seq. of this title:
55	58		(1) "System" means the Oklahoma Public Employees Retirement
56	59		System as established by this act and as it ma y hereafter be
57	60		amended;
58	61		(2) "Accumulated contributions " means the sum of all
59	62		contributions by a member to the Sys tem which shall be credited to
60	63		the member's account;
61	64		(3) "Act" means Sections 901 to 932, inclusive, of this title; RBH No. 10731
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63		-	SENATE FLOOR VERSION - HB2758 SFLR Page 2
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89	91		(4) "Actuarial equivalent" means a deferred income benefit of
90	92		equal value to the accumulat ed deposits or benefits when computed
91	93		upon the basis of the actuarial tables in use by the System;
92	94		(5) "Actuarial tables" means the actuarial tables approved and
93	95		in use by the Board at any given time;
94	96		(6) "Actuary" means the actuary or firm of actuaries employed
95	97		by the Board at any given time;
96	98		(7) "Beneficiary" means any person named by a member to receive
97	99		any benefits as provided for by Section 901 et seq. of this title.
98	100		If there is no beneficiary living at time of member employee's
99	101		death, the member's estate shall be the beneficiary;
100	102		(8) "Board" means the Oklahoma Public Employees Retirement
101	103		System Board of Trustees;
102	104		(9) "Compensation" means all salary and wages, as defined by
103	105		the Board of Trustees, including amounts deferred under deferred
104	106		compensation agreements entered into between a member and a
105	107		participating employer, but exclusive of payment for overtime ,
106	108		payable to a member of the System for personal services performed
107	109		for a participating employer but shall not include compensation or
108	110		reimbursement for traveling, or moving expenses, or any c ompensation
109	111		in excess of the maximum compensation level, provide d:
110	112		(a) For compensation for service prior to January 1, 1988,
111	113		the maximum compensation level shall be Twenty-five
112	114		Thousand Dollars ($25,000.00) per annum. RBH No. 10731
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114		-	SENATE FLOOR VERSION - HB2758 SFLR Page 3
115		-	(Bold face denotes Committee Amendments) 1
	116	+	ENGR. H. B. NO. 2758 Page 3 1
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140	141		For compensation for service on or af ter January 1,
141	142		1988, through June 30, 1994, the maximum compensa tion
142	143		level shall be Forty Thousand Dollars ($40,000.00) per
143	144		annum.
144	145		For compensation for service on or after July 1, 1994,
145	146		through June 30, 1995, the maximum compensation level
146	147		shall be Fifty Thousand Dollars ($50,000.00) per
147	148		annum; for compensation for ser vice on or after July
148	149		1, 1995, through June 30, 1996, the maximum
149	150		compensation level shall be Sixty Thousand Dollars
150	151		($60,000.00) per annum; for compensation for service
151	152		on or after July 1, 19 96, through June 30, 1997, the
152	153		maximum compensation level shall be Seventy Thousand
153	154		Dollars ($70,000.00) per annum; and for compensation
154	155		for service on or after July 1, 1997, through June 30,
155	156		1998, the maximum compensation level shall be Eighty
156	157		Thousand Dollars ($80,000.00) per annum. For
157	158		compensation for services on or after July 1, 1998,
158	159		there shall be no maximum compensation level for
159	160		retirement purposes.
160	161		(b) Compensation for retirement purposes shall incl ude any
161	162		amount of elective salary reduction unde r Section 457
162	163		of the Internal Revenue Code of 1986 and any amoun t of RBH No. 10731
163	164
164		-	SENATE FLOOR VERSION - HB2758 SFLR Page 4
165		-	(Bold face denotes Committee Amendments) 1
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190	190		nonelective salary reduction under Section 414(h) of
191	191		the Internal Revenue Code of 1986.
192	192		(c) Notwithstanding any provision to the contrary, the
193	193		compensation taken into account for any empl oyee in
194	194		determining the contribution or benefit accruals for
195	195		any plan year is limited to the annual compensation
196	196		limit under Section 401(a)(17 ) of the federal Internal
197	197		Revenue Code.
198	198		(d) Current appointed memb ers of the Oklahoma Tax
199	199		Commission whose salary is constitutionally limited
200	200		and is less than the highest salary allowed by law for
201	201		his or her position shall be allowed, within ninety
202	202		(90) days from the effective date of this act, to make
203	203		an election to use the highest salary allowed by law
204	204		for the position to which the member was appointed for
205	205		the purposes of making contributions and determination
206	206		of retirement benefits. Such election shall be
207	207		irrevocable and be in writing. Reappointment to the
208	208		same office shall not permit a new election. Members
209	209		appointed to the Oklahoma Tax Commission after the
210	210		effective date of this act shall make such election,
211	211		pursuant to this subparagraph, within nine ty (90) days
212	212		of taking office; RBH No. 10731
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214		-	SENATE FLOOR VERSION - HB2758 SFLR Page 5
215		-	(Bold face denotes Committee Amendments) 1
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240	239		(10) "Credited service" means the sum of participating service,
241	240		prior service and elected service;
242	241		(11) "Dependent" means a parent, child, or spo use of a member
243	242		who is dependent upon the member for at least one -half (1/2) of the
244	243		member's support;
245	244		(12) "Effective date" means the date upon which the System
246	245		becomes effective by operation of law;
247	246		(13) "Eligible employer" means the state and any count y, county
248	247		hospital, city or town, conservation districts, circuit engineering
249	248		districts and any public or private trust in which a county, city or
250	249		town participates and is the primary benefici ary, is to be an
251	250		eligible employer for the purpose of this act o nly, whose employees
252	251		are covered by Social Security and are not covered by or eligible
253	252		for another retirement plan authorized under the laws of this state
254	253		which is in operation on the initial entry date. Emergency medical
255	254		service districts may join the Sy stem upon proper application to the
256	255		Board. Provided affiliation by a county h ospital shall be in the
257	256		form of a resolution adopted by the board of control.
258	257		(a) If a class or several classes of employees of any
259	258		above-defined employers are covered by Social Security
260	259		and are not covered by or eligible for and will not
261	260		become eligible for another retirement plan authorized
262	261		under the laws of this state , which is in operation on
263	262		the effective date, s uch employer shall be deemed an RBH No. 10731
264	263
265		-	SENATE FLOOR VERSION - HB2758 SFLR Page 6
266		-	(Bold face denotes Committee Amendments) 1
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291	289		eligible employer, but only with respect to that class
292	290		or those classes of employees as defined in this
293	291		section.
294	292		(b) A class or several classes of employees who are
295	293		covered by Social Security and are not covered by or
296	294		eligible for and will not become eligible for another
297	295		retirement plan authorized under the laws of this
298	296		state, which is in operation on the effectiv e date,
299	297		and when the qualifications for employment in such
300	298		class or classes are set by state law; and when such
301	299		class or classes of employees are employed by a county
302	300		or municipal government pursuant to such
303	301		qualifications; and when the services provided b y such
304	302		employees are of such nature that they qualify for
305	303		matching by or contributions from state or federal
306	304		funds administered by an agency of state government
307	305		which qualifies as a participating employer, then the
308	306		agency of state government administering the state or
309	307		federal funds shall be deemed an eligible employer,
310	308		but only with respect to that class or those clas ses
311	309		of employees as defined in this subsection; provided,
312	310		that the required contributions to the retirement plan
313	311		may be withheld from the cont ributions of state or
314	312		federal funds administered by the state agen cy and RBH No. 10731
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316		-	SENATE FLOOR VERSION - HB2758 SFLR Page 7
317		-	(Bold face denotes Committee Amendments) 1
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342	339		transmitted to the System on the same bas is as the
343	340		employee and employer contributions are transmitted
344	341		for the direct employees of the state agency. The
345	342		retirement or eligibility for retirement under the
346	343		provisions of law providing pensions for ser vice as a
347	344		volunteer firefighter shall not render any person
348	345		ineligible for participation in the benefits provide d
349	346		for in Section 901 et seq. of this title. An employee
350	347		of any public or priv ate trust in which a county, city
351	348		or town participates and is the primary beneficiary
352	349		shall be deemed to be an eli gible employee for the
353	350		purpose of this act only.
354	351		(c) All employees of the George Nigh Rehabilitation
355	352		Institute who elected to retain membershi p in the
356	353		System, pursuant to Section 913.7 of this title, shall
357	354		continue to be eligible employees for the purposes of
358	355		this act. The George Nigh Rehabilitation Institute
359	356		shall be considered a participating employer only for
360	357		such employees.
361	358		(d) All employees of CompSource Mutual Insurance Company
362	359		who retain membership in the Oklahoma Public Employees
363	360		Retirement System pursuant to Section 913.9 of this
364	361		title shall continue to be eli gible employees for the
365	362		purposes of the Oklahoma Public Employees Retirement RBH No. 10731
366	363
367		-	SENATE FLOOR VERSION - HB2758 SFLR Page 8
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393	389		System. CompSource Mutual Insurance Company shall be
394	390		considered a participating employer only for such
395	391		employees.
396	392		(e) All employees of a successor organization, as defined
397	393		by Section 5-60.12 of Title 2 of the Oklahoma
398	394		Statutes, who retain membership in the Oklahoma Public
399	395		Employees Retirement System pursuant to Section 5 -
400	396		60.35 of Title 2 of the Oklahoma Statutes shall
401	397		continue to be eligible employees for the purposes of
402	398		the Oklahoma Public Employees Retirement System. A
403	399		successor organization shall be con sidered a
404	400		participating employer only for such employees.
405	401		(f) A participating employer of the Teachers' Retirement
406	402		System of Oklahoma, who has one or more employees who
407	403		have made an election pursuant to enabling legislation
408	404		to retain membership in the Syst em as a result of
409	405		change in administration, shall be considered a
410	406		participating employer of the Oklahoma Public
411	407		Employees Retirement System only for such employees;
412	408		(14) "Employee" means any officer or employee of a
413	409		participating employer, whose employmen t is not seasonal or
414	410		temporary and whose employment requires at le ast one thousand
415	411		(1,000) hours of work per year and whose salary or wage is equal to
416	412		the hourly rate of the mont hly minimum wage for state employees. RBH No. 10731
417	413
418		-	SENATE FLOOR VERSION - HB2758 SFLR Page 9
419		-	(Bold face denotes Committee Amendments) 1
	414	+	ENGR. H. B. NO. 2758 Page 9 1
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444	439		For those eligible employers outlined i n Section 910 of this title,
445	440		the rate shall be equal to the hourly rate of the monthly minimum
446	441		wage for that employer. Each employer, whose minimum wage is less
447	442		than the state's minimum wage, shall inform the System of the
448	443		minimum wage for that employer. This notification shall be by
449	444		resolution of the governing body.
450	445		(a) Any employee of the county extension agents w ho is not
451	446		currently participating in the Teachers' Retirement
452	447		System of Oklahoma shall be a member of this System.
453	448		(b) Eligibility shall not i nclude any employee who is a
454	449		contributing member of the United Sta tes Civil Service
455	450		Retirement System.
456	451		(c) It shall be mandatory for an officer, appointee or
457	452		employee of the offi ce of district attorney to become
458	453		a member of this System if he or she is not currently
459	454		participating in a county retirement system. Provided
460	455		further, that if an officer, appointee or employe e of
461	456		the office of district attorney is currently
462	457		participating in such county retirement system, he or
463	458		she is ineligible for this System as l ong as he or she
464	459		is eligible for such county retirement system. A ny
465	460		eligible officer, appointee or employee of th e office
466	461		of district attorney shall be given credit for prior
467	462		service as defined in this section. The provisions RBH No. 10731
468	463
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495	489		outlined in Section 917 of t his title shall apply to
496	490		those employees who have previously withd rawn their
497	491		contributions.
498	492		(d) Eligibility shall also not include any officer or
499	493		employee of the Oklahoma Employm ent Security
500	494		Commission, except for those officers and employees of
501	495		the Commission electing to transfer to this System
502	496		pursuant to the provision s of Section 910.1 of this
503	497		title or any other cl ass of officers or employees
504	498		specifically exempted by the laws o f this state,
505	499		unless there be a consolidation as provided by Section
506	500		912 of this title. Employees of the Oklahoma
507	501		Employment Security Commissio n who are ineligible for
508	502		enrollment in the Emplo yment Security Commission
509	503		Retirement Plan, that was in effect on January 1,
510	504		1964, shall become members of this System.
511	505		(e) Any employee employed by the Legislative Service
512	506		Bureau, State Senate or House of Rep resentatives for
513	507		the full duration of a regular legislative session
514	508		shall be eligible for membership in the Syst em
515	509		regardless of classification as a temporary employee
516	510		and may participate in the System during the regular
517	511		legislative session at the option o f the employee.
518	512		For purposes of this subparagra ph, the determination RBH No. 10731
519	513
520		-	SENATE FLOOR VERSION - HB2758 SFLR Page 11
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546	539		of whether an employee is employed for the full
547	540		duration of a regular legislative session shall be
548	541		made by the Legislati ve Service Bureau if such
549	542		employee is employed by the Legislative Service
550	543		Bureau, the State Senate if such employe e is employed
551	544		by the State Senate, or by the House of
552	545		Representatives if such employee is employed by the
553	546		House of Representatives. Each regu lar legislative
554	547		session during which the legislative employee or a n
555	548		employee of the Legislative Service Bureau
556	549		participates full time shall be counted as six (6)
557	550		months of full-time participating service.
558	551		(i) Except as otherwise provided by this
559	552		subparagraph, once a temporary session employee
560	553		makes a choice to participat e or not, the choice
561	554		shall be binding for all fu ture legislative
562	555		sessions during which the employee is employed.
563	556		(ii) Notwithstanding the provisions of division (i) of
564	557		this subparagraph, any employee, who is eligible
565	558		for membership in the System because of the
566	559		provisions of this subparagraph and who was
567	560		employed by the State Senate or House of
568	561		Representatives after January 1, 1989, may file
569	562		an election, in a manner specified by the Board, RBH No. 10731
570	563
571		-	SENATE FLOOR VERSION - HB2758 SFLR Page 12
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590	582		19
591	583		20
592	584		21
593	585		22
594	586		23
595	587		24
596	588
597	589		to participate as a member of the System prior to
598	590		September 1, 1989.
599	591		(iii) Notwithstanding the provisions of division (i) of
600	592		this subparagraph, a temporary legislative
601	593		session employee who elected to become a member
602	594		of the System may withdraw from the System
603	595		effective the day said employee elected to
604	596		participate in the Syst em upon written request to
605	597		the Board. Any such request must be received by
606	598		the Board prior to October 1, 1990. All employee
607	599		contributions made by the temporary legislative
608	600		session employee shall be returned to the
609	601		employee without interest within four (4 ) months
610	602		of receipt of the written request.
611	603		(iv) A member of the System who did not initially
612	604		elect to participate as a member of the System
613	605		pursuant to this subparagraph shall be able to
614	606		acquire service performed as a temporary
615	607		legislative session employe e for periods of
616	608		service performed prior to the date upon which
617	609		the person became a member of the System if:
618	610		a. the member files an election with the System
619	611		not later than December 31, 2000, to
620	612		purchase the prior service; and RBH No. 10731
621	613
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627	618		5
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629	620		7
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641	632		19
642	633		20
643	634		21
644	635		22
645	636		23
646	637		24
647	638
648	639		b. the member makes payment to the System of
649	640		the actuarial cost of the service credit
650	641		pursuant to subsection A of Section 913.5 of
651	642		this title. The provisions of Section 913.5
652	643		of this title shall be applicable to the
653	644		purchase of the service credit, including
654	645		the provisions for determin ing service
655	646		credit in the event of incomplete pa yment
656	647		due to cessation of payments, death,
657	648		termination of employ ment or retirement, but
658	649		the payment may extend for a period not to
659	650		exceed ninety-six (96) months;
660	651		(15) "Entry date" means the date on which an eligible employer
661	652		joins the System. The first e ntry date pursuant to Section 901 et
662	653		seq. of this title shall be January 1, 1964;
663	654		(16) "Executive Director" means the managing officer of the
664	655		System employed by the Board under Section 901 et seq. of this
665	656		title;
666	657		(17) "Federal Internal Revenue Code " means the federal Internal
667	658		Revenue Code of 1954 or 1986, as amended a nd as applicable to a
668	659		governmental plan as in effect on July 1, 1999;
669	660		(18) "Final average compensation" means the average annual
670	661		compensation, including amounts deferred under deferred compen sation
671	662		agreements entered into between a member and a participat ing RBH No. 10731
672	663
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676	666		3
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681	671		8
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683	673		10
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688	678		15
689	679		16
690	680		17
691	681		18
692	682		19
693	683		20
694	684		21
695	685		22
696	686		23
697	687		24
698	688
699	689		employer, up to, but not exceeding the maximum compensation levels
700	690		as provided in paragraph (9) of this section received during the
701	691		highest three (3) of the last ten (10) years of particip ating
702	692		service immediately preceding retirement or termination of
703	693		employment and with respect to members whose first participating
704	694		service occurs on or after July 1, 2013, the compensation received
705	695		during the highest five (5) of the last ten (10) years of
706	696		participating service immediately preceding retirement or
707	697		termination of employment. Provided, no member shall retire with a
708	698		final average compensation unless the member has made the required
709	699		contributions on such compensation, as defined by the Board of
710	700		Trustees;
711	701		(19) "Fiscal year" means the period commencing July 1 of any
712	702		year and ending June 30 of the next year. The fiscal year is the
713	703		plan year for purposes of the federal Internal Revenue Code;
714	704		however, the calendar year is the limitation year for purp oses of
715	705		Section 415 of the federal Internal Revenue Code;
716	706		(20) "Fund" means the Oklahoma Public Employees Retirement Fund
717	707		as created by Section 901 et seq. of this title;
718	708		(21) "Leave of absence" means a period of absence from
719	709		employment without pay, auth orized and approved by the employer and
720	710		acknowledged to the Boar d, and which after the effective date does
721	711		not exceed two (2) years; RBH No. 10731
722	712
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738	727		15
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740	729		17
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742	731		19
743	732		20
744	733		21
745	734		22
746	735		23
747	736		24
748	737
749	738		(22) "Member" means an eligible employee or elected official
750	739		who is in the System and is making the required employee or e lected
751	740		official contributions, or any former employee or elected official
752	741		who shall have made the required contributions to the System and
753	742		shall have not received a refund or withdrawal;
754	743		(23) "Military service" means service in the Armed Forces of
755	744		the United States by an honorably discharged person during the
756	745		following time periods, as reflected on such person's Defense
757	746		Department Form 214, not to exceed five (5) years for combined
758	747		participating and/or prior service, as follows:
759	748		(a) during the following pe riods, including the beginning
760	749		and ending dates, and only for th e periods served,
761	750		from:
762	751		(i) April 6, 1917, to November 11, 1918, commonly
763	752		referred to as World War I,
764	753		(ii) September 16, 1940, to December 7, 19 41, as a
765	754		member of the 45th Division,
766	755		(iii) December 7, 1941, to December 31, 1946, commonly
767	756		referred to as World War II,
768	757		(iv) June 27, 1950, to January 31, 1955, commonly
769	758		referred to as the Korean Conflict or the Korean
770	759		War,
771	760		(v) February 28, 1961, to May 7, 1975, commonly
772	761		referred to as the Vietnam era , except that: RBH No. 10731
773	762
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776	764		2
777	765		3
778	766		4
779	767		5
780	768		6
781	769		7
782	770		8
783	771		9
784	772		10
785	773		11
786	774		12
787	775		13
788	776		14
789	777		15
790	778		16
791	779		17
792	780		18
793	781		19
794	782		20
795	783		21
796	784		22
797	785		23
798	786		24
799	787
800	788		a. for the period from February 28, 1961, to
801	789		August 4, 1964, military service shall only
802	790		include service in the Republic of Vie tnam
803	791		during that period, and
804	792		b. for purposes of determining eligib ility for
805	793		education and training benefits, such period
806	794		shall end on December 31, 1976, or
807	795		(vi) August 1, 1990, to December 31, 1991, commonly
808	796		referred to as the Gulf War, the Persian Gulf
809	797		War, or Operation Desert Storm, but excluding any
810	798		person who served on active duty for training
811	799		only, unless dischar ged from such active duty for
812	800		a service-connected disability;
813	801		(b) during a period of war or combat military operation
814	802		other than a conflict, w ar or era listed in
815	803		subparagraph (a) of this paragraph, beginning on the
816	804		date of Congressional authorization, Cong ressional
817	805		resolution, or Executive Order of the President of the
818	806		United States, for the use of the Armed Forces of the
819	807		United States in a war or combat military operation,
820	808		if such war or combat military opera tion lasted for a
821	809		period of ninety (90) days or more, for a person who
822	810		served, and only for the period served, i n the area of
823	811		responsibility of the war or combat military RBH No. 10731
824	812
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828	815		3
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831	818		6
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833	820		8
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843	830		18
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845	832		20
846	833		21
847	834		22
848	835		23
849	836		24
850	837
851	838		operation, but excluding a person who served on active
852	839		duty for training only, unless discharged from such
853	840		active duty for a service -connected disability, and
854	841		provided that the burden of proof of m ilitary service
855	842		during this period shall be with the member, who must
856	843		present appropriate documentation establishing such
857	844		service.
858	845		An eligible member under this paragraph shall include only th ose
859	846		persons who shall have served during the times or in the are as
860	847		prescribed in this paragraph, and only if such person provides
861	848		appropriate documentation in such time and manner as required by the
862	849		System to establish such military service prescribed in t his
863	850		paragraph, or for service pursuant to subdivision a of divis ion (v)
864	851		of subparagraph (a) of this paragraph those persons who were awarded
865	852		service medals, as authorized by the United States Department of
866	853		Defense as reflected in the veteran's Defense Depa rtment Form 214,
867	854		related to the Vietnam Conflict for service pri or to August 5, 1964;
868	855		(24) "Normal retirement date " means the date on which a member
869	856		may retire with full retirement benefits as provided in Se ction 901
870	857		et seq. of this title, such date being whichever occurs first:
871	858		(a) the first day of the month coincidi ng with or
872	859		following a member's: RBH No. 10731
873	860
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876	862		2
877	863		3
878	864		4
879	865		5
880	866		6
881	867		7
882	868		8
883	869		9
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885	871		11
886	872		12
887	873		13
888	874		14
889	875		15
890	876		16
891	877		17
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894	880		20
895	881		21
896	882		22
897	883		23
898	884		24
899	885
900	886		(1) sixty-second birthday with respect to mem bers
901	887		whose first participating service occurs prior to
902	888		November 1, 2011, or
903	889		(2) sixty-fifth birthday with respect to members
904	890		whose first participating service occurs on or
905	891		after November 1, 2011, or with respect to
906	892		members whose first participating service occurs
907	893		on or after November 1, 2011, reaches a minimum
908	894		age of sixty (60) years and who also reaches a
909	895		normal retirement date pursuant to subparagraph c
910	896		of this paragraph,
911	897		(b) for any person who initially became a member prior to
912	898		July 1, 1992, and who does not reach a normal
913	899		retirement date pursuant to division (1) of
914	900		subparagraph (a) of this paragraph, the first day of
915	901		the month coinciding with or following the date at
916	902		which the sum of a member's age and number of years of
917	903		credited service total eighty (80 ); such a normal
918	904		retirement date will also apply to any person who
919	905		became a member of the sending system as define d in
920	906		Section 901 et seq. of this title, prior to July 1,
921	907		1992, regardless of whether there were breaks in
922	908		service after July 1, 1992, RBH No. 10731
923	909
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927	912		3
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945	930		21
946	931		22
947	932		23
948	933		24
949	934
950	935		(c) for any person who became a member after June 30,
951	936		1992, but prior to N ovember 1, 2011, and who does not
952	937		reach a normal retirement date pursuant to division
953	938		(1) of subparagraph (a) of this paragraph, the first
954	939		day of the month coinciding with or following the d ate
955	940		at which the sum of a member's age and number of years
956	941		of credited service total ninety (90),
957	942		(d) in addition to subparagraphs (a), (b) and (c) of this
958	943		paragraph, the first d ay of the month coinciding with
959	944		or following a member's completion of at least twenty
960	945		(20) years of full-time-equivalent employment as:
961	946		(i) a correctional or probation and parole officer
962	947		with the Department of Corrections and at the
963	948		time of retirement, the member was a correctional
964	949		or probation and parole officer with the
965	950		Department of Corrections, or
966	951		(ii) a correctional officer, probation and par ole
967	952		officer or fugitive apprehension agent with the
968	953		Department of Corrections who is in such position
969	954		on June 30, 2004, or who is hired after June 30,
970	955		2004, and who receives a promotion or c hange in
971	956		job classification after June 30, 2004, to
972	957		another position in the Department of
973	958		Corrections, so long as such officer or agent has RBH No. 10731
974	959
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977	961		2
978	962		3
979	963		4
980	964		5
981	965		6
982	966		7
983	967		8
984	968		9
985	969		10
986	970		11
987	971		12
988	972		13
989	973		14
990	974		15
991	975		16
992	976		17
993	977		18
994	978		19
995	979		20
996	980		21
997	981		22
998	982		23
999	983		24
1000	984
1001	985		at least five (5) years of service as a
1002	986		correctional officer, probation and parole
1003	987		officer or fugitive apprehension agent with the
1004	988		Department, has twenty (20) years of full -time-
1005	989		equivalent employment with the Department and was
1006	990		employed by the Department at the time of
1007	991		retirement, or
1008	992		(iii) a firefighter with the Oklahoma Military
1009	993		Department either employed for the first time on
1010	994		or after July 1, 2002, or who was employed prior
1011	995		to July 1, 2002, in such position and who makes
1012	996		the election authorized by division (2) of
1013	997		subparagraph b of paragraph ( 9) of subsection A
1014	998		of Section 915 of this title and at the time of
1015	999		retirement, the member was a firefighter with the
1016	1000		Oklahoma Military Departmen t, and such member has
1017	1001		at least twenty (20) year s of credited service
1018	1002		upon which the two and one -half percent (2 1/2%)
1019	1003		multiplier will be used in calculating the
1020	1004		retirement benefit, or
1021	1005		(iv) a public safety officer employed by the Grand
1022	1006		River Dam Authority for the first time on or
1023	1007		after July 1, 2016, or RBH No. 10731
1024	1008
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1027	1010		2
1028	1011		3
1029	1012		4
1030	1013		5
1031	1014		6
1032	1015		7
1033	1016		8
1034	1017		9
1035	1018		10
1036	1019		11
1037	1020		12
1038	1021		13
1039	1022		14
1040	1023		15
1041	1024		16
1042	1025		17
1043	1026		18
1044	1027		19
1045	1028		20
1046	1029		21
1047	1030		22
1048	1031		23
1049	1032		24
1050	1033
1051	1034		(v) a deputy sheriff or jailer employed by any county
1052	1035		that is a participating employer in the System
1053	1036		for the first time as a deputy sheriff or jailer
1054	1037		on or after November 1, 2020, or
1055	1038		(vi) a military police of ficer employed by any
1056	1039		participating employer for the first time as a
1057	1040		military police officer on or after November 1,
1058	1041		2022, or
1059	1042		(vii) licensed emergency medical personnel as defined
1060	1043		by Section 1-2503 of Title 63 of the Oklahoma
1061	1044		Statutes holding a license iss ued by the State
1062	1045		Department of Health pursuant t o Section 1-2505
1063	1046		of Title 63 of the Oklahoma Statutes, including
1064	1047		emergency medical technicians, intermediate
1065	1048		emergency medical technicians, advanced emergency
1066	1049		medical technicians and paramedics employed by
1067	1050		any participating employer as a licensed
1068	1051		emergency medical personnel for the first time on
1069	1052		or after November 1, 20 22,
1070	1053		(e) for those fugitive apprehension agents who retire on
1071	1054		or after July 1, 2002, the first day of the month
1072	1055		coinciding with or following a me mber's completion of
1073	1056		at least twenty (20) years of full-time-equivalent
1074	1057		employment as a fugitive apprehension ag ent with the RBH No. 10731
1075	1058
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1078	1060		2
1079	1061		3
1080	1062		4
1081	1063		5
1082	1064		6
1083	1065		7
1084	1066		8
1085	1067		9
1086	1068		10
1087	1069		11
1088	1070		12
1089	1071		13
1090	1072		14
1091	1073		15
1092	1074		16
1093	1075		17
1094	1076		18
1095	1077		19
1096	1078		20
1097	1079		21
1098	1080		22
1099	1081		23
1100	1082		24
1101	1083
1102	1084		Department of Corrections and at the time of
1103	1085		retirement, the memb er was a fugitive apprehension
1104	1086		agent with the Department of Correc tions, or
1105	1087		(f) for any member who was continuousl y employed by an
1106	1088		entity or institution within The Oklahoma State System
1107	1089		of Higher Education and whose initial employment with
1108	1090		such entity or institution was prior to July 1, 1992,
1109	1091		and who without a break in s ervice of more than thirty
1110	1092		(30) days became empl oyed by an employer participating
1111	1093		in the Oklahoma Public Employe es Retirement System,
1112	1094		the first day of the month coinciding with or
1113	1095		following the date at which the sum of the member's
1114	1096		age and number of years of credited service total
1115	1097		eighty (80);
1116	1098		(25) "Participating employer" means an eligible employer who
1117	1099		has agreed to make contributions to the System on behalf of its
1118	1100		employees;
1119	1101		(26) "Participating service" means the period of employment
1120	1102		after the entry date for which credit is granted a member;
1121	1103		(27) "Prior service" means the period of employment of a member
1122	1104		by an eligible employer prior to the member's entry date for which
1123	1105		credit is granted a member under Section 901 et seq. of this title;
1124	1106		(28) "Retirant" or "retiree" means a member who has retired
1125	1107		under the System; RBH No. 10731
1126	1108
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1130	1111		3
1131	1112		4
1132	1113		5
1133	1114		6
1134	1115		7
1135	1116		8
1136	1117		9
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1140	1121		13
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1144	1125		17
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1151	1132		24
1152	1133
1153	1134		(29) "Retirement benefit" means a monthly income with benefits
1154	1135		accruing from the first day of the month coinciding with or
1155	1136		following retirement and ending on the last day of the month in
1156	1137		which death occurs or the actuarial equivalent thereo f paid in such
1157	1138		manner as specified by the member pursuant to Sec tion 901 et seq. of
1158	1139		this title or as otherwise allowed to be paid at the discr etion of
1159	1140		the Board;
1160	1141		(30) "Retirement coordinator " means the individual designated
1161	1142		by each participating employer through whom System transactions and
1162	1143		communication shall be dire cted;
1163	1144		(31) "Social Security" means the old-age survivors and
1164	1145		disability section of the Federal Social Security Act;
1165	1146		(32) "Total disability" means a physical or mental disability
1166	1147		accepted for disability benefits by the Federal Social Security
1167	1148		System;
1168	1149		(33) "Service-connected disability benefits " means military
1169	1150		service benefits whic h are for a service-connected disability rated
1170	1151		at twenty percent (20%) or more by the Veterans Administration or
1171	1152		the Armed Forces of the United States;
1172	1153		(34) "Elected official" means a person elected to a state
1173	1154		office in the legislative or executive branch of state government or
1174	1155		a person elected to a county office for a definite number of years
1175	1156		and shall include an in dividual who is appointed to fill the
1176	1157		unexpired term of an elect ed state official; RBH No. 10731
1177	1158
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1181	1161		3
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1185	1165		7
1186	1166		8
1187	1167		9
1188	1168		10
1189	1169		11
1190	1170		12
1191	1171		13
1192	1172		14
1193	1173		15
1194	1174		16
1195	1175		17
1196	1176		18
1197	1177		19
1198	1178		20
1199	1179		21
1200	1180		22
1201	1181		23
1202	1182		24
1203	1183
1204	1184		(35) "Elected service" means the period of service as an
1205	1185		elected official;
1206	1186		(36) "Limitation year" means the year used in a pplying the
1207	1187		limitations of Section 415 of the In ternal Revenue Code of 1986,
1208	1188		which year shall be the calendar ye ar; and
1209	1189		(37) "Public safety officers of the Grand River Dam Authority "
1210	1190		means those persons hired by the Grand River Dam Authority on or
1211	1191		after the effective date of this act who are certified by the
1212	1192		Council on Law Enforcement Education and Training or an e quivalent
1213	1193		certifying entity for law enforcement personnel training and who
1214	1194		perform law enforcement functions as part of their regularly
1215	1195		assigned duties and responsibilities on a full -time basis. With
1216	1196		respect to any public safety officer hired by the Grand River Dam
1217	1197		Authority on or after the effective date of this act, any earned
1218	1198		benefits or credits toward retirement benefits from previous
1219	1199		participation within the Oklahoma Public Employees Reti rement System
1220	1200		or the Oklahoma Law Enforcement Retirement System shall remain
1221	1201		within that system.
1222	1202		SECTION 2. AMENDATORY 74 O.S. 2021, Section 915, is
1223	1203		amended to read as follows:
1224	1204		Section 915. A. (1) Except as otherwise provided i n this
1225	1205		subsection and as provided for elected officials in Section 913.4 of
1226	1206		this title, any member who shall retire on or after the member's
1227	1207		normal retirement date shall be entitled to receive an annual RBH No. 10731
1228	1208
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1231	1210		2
1232	1211		3
1233	1212		4
1234	1213		5
1235	1214		6
1236	1215		7
1237	1216		8
1238	1217		9
1239	1218		10
1240	1219		11
1241	1220		12
1242	1221		13
1243	1222		14
1244	1223		15
1245	1224		16
1246	1225		17
1247	1226		18
1248	1227		19
1249	1228		20
1250	1229		21
1251	1230		22
1252	1231		23
1253	1232		24
1254	1233
1255	1234		retirement benefit equal to two percent (2%) of the m ember's final
1256	1235		average compensation as determined pursua nt to paragraph (18) of
1257	1236		Section 902 of this title, multiplied by the number of years of
1258	1237		credited service that has been credited to the member in accordan ce
1259	1238		with the provisions of Section 913 of this ti tle other than years
1260	1239		credited pursuant to paragraph (2) of this subsection.
1261	1240		(2) Effective January 1, 2004, except as otherwise provided for
1262	1241		elected officials in Section 913.4 of this title and except for
1263	1242		those members making contributions pursuant to para graphs (c), (d),
1264	1243		(e), and (f), (g) and (h) of subsection (1) of Section 919.1 of this
1265	1244		title, any member who shall retire shall be entitled to receive an
1266	1245		annual retirement benefit equal to tw o and one-half percent (2 1/2%)
1267	1246		of the member's final average comp ensation as determined pursuant to
1268	1247		paragraph (18) of Se ction 902 of this title, multiplied by the
1269	1248		number of full years of participating servic e after January 1, 2004,
1270	1249		that have been credited to the member in accordance with the
1271	1250		provisions of Section 913 of this title and only for those full
1272	1251		years of participating service for which contributions have been
1273	1252		made pursuant to paragraph (g) of subsect ion (1) of Section 919.1 of
1274	1253		this title. The two and one-half percent (2 1/2%) multiplier shall
1275	1254		not apply to purchased service, purchased or granted military
1276	1255		service or transferred service. In order to receive the two and
1277	1256		one-half percent (2 1/2%) multipl ier in computing retirement
1278	1257		benefits, an active member shall make an irrevocable written RBH No. 10731
1279	1258
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1282	1260		2
1283	1261		3
1284	1262		4
1285	1263		5
1286	1264		6
1287	1265		7
1288	1266		8
1289	1267		9
1290	1268		10
1291	1269		11
1292	1270		12
1293	1271		13
1294	1272		14
1295	1273		15
1296	1274		16
1297	1275		17
1298	1276		18
1299	1277		19
1300	1278		20
1301	1279		21
1302	1280		22
1303	1281		23
1304	1282		24
1305	1283
1306	1284		election to pay the contr ibutions pursuant to paragraph (g) of
1307	1285		subsection (1) of Section 919.1 of this title. The two and one -half
1308	1286		percent (2 1/2%) multiplier pursuan t to this paragraph shall not
1309	1287		apply to additional years of service credit attributed to sick leave
1310	1288		pursuant to paragraph 7 of subsection B of Section 913 of this title
1311	1289		and fractional years pursuant to subsection C of Section 913 of this
1312	1290		title and shall be attributable only to the participating service
1313	1291		credited after the election of the member.
1314	1292		(3) The minimum final a verage compensation for any person who
1315	1293		becomes a member of the System on or after July 1, 1995:
1316	1294		a. and who had twenty (20) or more years of cr edited
1317	1295		service within the System as of the membe r's
1318	1296		retirement date shall be no less than Thirteen
1319	1297		Thousand Eight Hundred Dollars ($13,800.00) per annum,
1320	1298		b. and who had at least fifteen (15) but not more than
1321	1299		nineteen (19) years of credited service within the
1322	1300		System as of the member's retirement date sh all be no
1323	1301		less than Six Thousand Nine Hundred Dollars
1324	1302		($6,900.00) per annum,
1325	1303		c. and who had less than fifteen (15) years of credited
1326	1304		service within the System as of the member's
1327	1305		retirement date shall not be e ligible for any minimum
1328	1306		amount of final average compensation and the member's
1329	1307		final average compensation shall be the final average RBH No. 10731
1330	1308
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1333	1310		2
1334	1311		3
1335	1312		4
1336	1313		5
1337	1314		6
1338	1315		7
1339	1316		8
1340	1317		9
1341	1318		10
1342	1319		11
1343	1320		12
1344	1321		13
1345	1322		14
1346	1323		15
1347	1324		16
1348	1325		17
1349	1326		18
1350	1327		19
1351	1328		20
1352	1329		21
1353	1330		22
1354	1331		23
1355	1332		24
1356	1333
1357	1334		compensation as defined by paragraph (18) of Section
1358	1335		902 of this title.
1359	1336		(4) Provided, further, any member who has elected a vested
1360	1337		benefit pursuant to Section 917 of this title shall be entitled to
1361	1338		receive benefits as outlined in this se ction except the percent
1362	1339		factor and the member's maximu m compensation level in effect the
1363	1340		date the member's employment was terminated with a p articipating
1364	1341		employer shall be applicable.
1365	1342		(5) Any member who is a correctional officer or a probation and
1366	1343		parole officer employed by the Department of Corrections at t he time
1367	1344		of retirement and who retires on or before June 30, 2000, shall be
1368	1345		entitled to receive an annual retirement benefit equal to tw o and
1369	1346		one-half percent (2 1/2%) of the final average compensation of the
1370	1347		member not to exceed Twenty -five Thousand Dollar s ($25,000.00) and
1371	1348		two percent (2%) of the final average salary in excess of Twenty -
1372	1349		five Thousand Dollars ($25,000.00) but not exceedin g the maximum
1373	1350		compensation level as provided in paragraph (9) of S ection 902 of
1374	1351		this title, multiplied by the number of y ears of service as a
1375	1352		correctional officer or a probation and parole officer; provided,
1376	1353		any years accrued prior to July 1, 1990, as a co rrectional officer
1377	1354		or a probation and parole officer by a member w ho is employed as a
1378	1355		correctional officer or a probation and parole officer on July 1,
1379	1356		1990, shall be calculated for retirement purposes at two and one-
1380	1357		quarter percent (2 1/4%) of the final a verage compensation of the RBH No. 10731
1381	1358
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1384	1360		2
1385	1361		3
1386	1362		4
1387	1363		5
1388	1364		6
1389	1365		7
1390	1366		8
1391	1367		9
1392	1368		10
1393	1369		11
1394	1370		12
1395	1371		13
1396	1372		14
1397	1373		15
1398	1374		16
1399	1375		17
1400	1376		18
1401	1377		19
1402	1378		20
1403	1379		21
1404	1380		22
1405	1381		23
1406	1382		24
1407	1383
1408	1384		member not to exceed Twenty -five Thousand Dollars ($25,000.00) and
1409	1385		two percent (2%) of the fin al average salary in excess of Twenty -
1410	1386		five Thousand Dollars ($25,000.00) but not exceed ing the maximum
1411	1387		compensation level as provided i n paragraph (9) of Section 902 of
1412	1388		this title, multiplied by the nu mber of years of such service and
1413	1389		any years in excess o f twenty (20) years as such an officer or years
1414	1390		credited to the member in accordance wi th the provisions of Section
1415	1391		913 of this title shall be calculated for retirement purposes at two
1416	1392		percent (2%) of the final average compensation of the member
1417	1393		multiplied by the number of years of such service. Any person who
1418	1394		contributes to the System as a correctional officer or a probation
1419	1395		and parole officer as provided in paragraph (b) or (c) of subsection
1420	1396		(1) of Section 919.1 of this title, on or before June 30, 2000, but
1421	1397		who does not make such contributions after June 30, 2000, and who
1422	1398		does not qualify for normal retirement under subparagraph (c) of
1423	1399		paragraph (24) of Section 902 of this title shall have retirement
1424	1400		benefits for each year of full -time-equivalent participating service
1425	1401		as a correctional or a probation and parole officer after July 1,
1426	1402		1990, computed on two and one-half percent (2 1/2%) of the final
1427	1403		average compensation based upon those years as a correc tional
1428	1404		officer or a probation and parole officer. Prov ided, further, any
1429	1405		fugitive apprehension agent shall be entitled to receive benefits as
1430	1406		outlined in this act for service as a fugitive apprehension agent
1431	1407		prior to July 1, 2002, only upon payment to the System of the RBH No. 10731
1432	1408
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1435	1410		2
1436	1411		3
1437	1412		4
1438	1413		5
1439	1414		6
1440	1415		7
1441	1416		8
1442	1417		9
1443	1418		10
1444	1419		11
1445	1420		12
1446	1421		13
1447	1422		14
1448	1423		15
1449	1424		16
1450	1425		17
1451	1426		18
1452	1427		19
1453	1428		20
1454	1429		21
1455	1430		22
1456	1431		23
1457	1432		24
1458	1433
1459	1434		employee contributions which would have been paid if such fugitive
1460	1435		apprehension agent had been covered by this section prior to the
1461	1436		effective date of this act, plus interest o f not to exceed ten
1462	1437		percent (10%) as determined by the Board. The Department of
1463	1438		Corrections may make the employee contri bution and interest payment
1464	1439		on behalf of such member.
1465	1440		(6) Any member who is a correcti onal officer, a probation and
1466	1441		parole officer or a fugitive apprehension agent employed by the
1467	1442		Department of Correc tions at the time of retirement and who retires
1468	1443		on or after July 1, 2002, shall be entitled to receive an annual
1469	1444		retirement benefit equal to t wo and one-half percent (2 1/2%) of the
1470	1445		final average compensation of the member, but not exceeding the
1471	1446		maximum compensation level as provided in paragraph (18) of Secti on
1472	1447		902 of this title, multiplied by the number of years of service as a
1473	1448		correctional officer, a probation and parole officer or a fugit ive
1474	1449		apprehension agent, and any years in excess of twenty (20) yea rs as
1475	1450		such an officer or agent, or years credited to th e member in
1476	1451		accordance with the provisions of Section 913 of this title, shall
1477	1452		be calculated for retirement purposes at two percent (2% ) of the
1478	1453		final average compensation of the member multiplied by th e number of
1479	1454		years of such service. For purposes of thi s paragraph, "final
1480	1455		average compensation" shall be determined by computing the average
1481	1456		annual salary, in the manner prescribed by parag raph (18) of Section
1482	1457		902 of this title, for the highest three (3) years of the last ten RBH No. 10731
1483	1458
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1486	1460		2
1487	1461		3
1488	1462		4
1489	1463		5
1490	1464		6
1491	1465		7
1492	1466		8
1493	1467		9
1494	1468		10
1495	1469		11
1496	1470		12
1497	1471		13
1498	1472		14
1499	1473		15
1500	1474		16
1501	1475		17
1502	1476		18
1503	1477		19
1504	1478		20
1505	1479		21
1506	1480		22
1507	1481		23
1508	1482		24
1509	1483
1510	1484		(10) years of participating servi ce immediately preceding retirement
1511	1485		or termination of employment for all years of servi ce performed by
1512	1486		such member, both for years of s ervice performed as a correctional
1513	1487		officer, probation and parole o fficer or fugitive apprehension
1514	1488		agent, not in excess of twenty (20) years, and for years of service
1515	1489		performed in excess of twenty (20) years, whether as a correctional
1516	1490		officer, probation and parole officer, fugitive apprehension agent
1517	1491		or other position unl ess the computation of benefits would result in
1518	1492		a lower retirement benefit amount than if final average compensation
1519	1493		were to be computed as ot herwise provided by this paragraph. "Final
1520	1494		average compensation" shall be determined by computing the average
1521	1495		annual salary for the highest five (5) of the last ten (10 ) years of
1522	1496		participating service immediately preceding retirement or
1523	1497		termination of employment, with respect to members whose first
1524	1498		participating service occurs on or after July 1, 2013.
1525	1499		(7) Any member who is a correctional officer, a probation and
1526	1500		parole officer or a fugitive apprehension agent who has at least
1527	1501		five (5) years of service as a correctional officer, a probation and
1528	1502		parole officer or a fugitive apprehension agent who is in such
1529	1503		position on June 30, 2004, or who is hired after June 30, 2004, i n
1530	1504		such position, and who receives a promotion or change in job
1531	1505		classification after Jun e 30, 2004, to another position in the
1532	1506		Department of Corrections, and who is employed by the Department of
1533	1507		Corrections at the time of retirement and who retires on or af ter RBH No. 10731
1534	1508
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1537	1510		2
1538	1511		3
1539	1512		4
1540	1513		5
1541	1514		6
1542	1515		7
1543	1516		8
1544	1517		9
1545	1518		10
1546	1519		11
1547	1520		12
1548	1521		13
1549	1522		14
1550	1523		15
1551	1524		16
1552	1525		17
1553	1526		18
1554	1527		19
1555	1528		20
1556	1529		21
1557	1530		22
1558	1531		23
1559	1532		24
1560	1533
1561	1534		July 1, 2004, shall be entitled to receive an annual retirement
1562	1535		benefit equal to two and one-half percent (2 1/2%) of the final
1563	1536		average compensation of the member, but not exceeding the maximum
1564	1537		compensation level as provided in paragraph (18) of Sectio n 902 of
1565	1538		this title, multiplied by the number of years of service with the
1566	1539		Department of Corrections and any years in excess of twenty (20)
1567	1540		years with the Department or years credited to the member in
1568	1541		accordance with the provisions of Section 913 of this t itle, shall
1569	1542		be calculated for retirement purposes at two percent (2%) of the
1570	1543		final average compensation of the member multiplied by the number of
1571	1544		years of such service. For purposes of this paragraph, "final
1572	1545		average compensation" shall be determined by co mputing the average
1573	1546		annual salary, in the manner prescribed by paragraph (18) of Sectio n
1574	1547		902 of this title, for the highest three (3) y ears of the last ten
1575	1548		(10) years of participating service immediate ly preceding retirement
1576	1549		or termination of employment fo r all years of service performed by
1577	1550		such member with the Department. "Final average co mpensation" shall
1578	1551		be determined by computing the average annual salary for the highest
1579	1552		five (5) of the last ten (1 0) years of participating service
1580	1553		immediately preceding retirement or termination of employment, with
1581	1554		respect to members whose first participa ting service occurs on or
1582	1555		after July 1, 2013.
1583	1556		(8) Any person who contributed to the System as a correctional
1584	1557		officer, a probation and parole officer or a fugitive appre hension RBH No. 10731
1585	1558
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1588	1560		2
1589	1561		3
1590	1562		4
1591	1563		5
1592	1564		6
1593	1565		7
1594	1566		8
1595	1567		9
1596	1568		10
1597	1569		11
1598	1570		12
1599	1571		13
1600	1572		14
1601	1573		15
1602	1574		16
1603	1575		17
1604	1576		18
1605	1577		19
1606	1578		20
1607	1579		21
1608	1580		22
1609	1581		23
1610	1582		24
1611	1583
1612	1584		agent as provided in paragraph (b) or (c) of subsection (1) of
1613	1585		Section 919.1 of this title, and who retires under normal retire ment
1614	1586		or early retirement on or after January 1, 2004, u nder paragraph
1615	1587		(24) of Section 902 of this title, and a ny public safety officer
1616	1588		described by paragraph (37) of Section 902 of this title hired on or
1617	1589		after the effective date of this act by the Grand Ri ver Dam
1618	1590		Authority and who retires on or after the effec tive date of this
1619	1591		act, shall have retirement benefits f or each year of full-time-
1620	1592		equivalent participating service as a correctional officer, a
1621	1593		probation and parole officer or a fugitive apprehension ag ent, or
1622	1594		Grand River Dam public safety officer computed on two and one-half
1623	1595		percent (2 1/2%) of the final avera ge compensation based upon those
1624	1596		years as a correctional officer, a probation and parol e officer, a
1625	1597		fugitive apprehension agent or a Grand River D am public safety
1626	1598		officer. For purposes of this paragra ph, "final average
1627	1599		compensation" shall be determined by computing the average annual
1628	1600		salary, in the manner prescribed by paragraph (18) of Sec tion 902 of
1629	1601		this title, for the highest three (3) years of the last ten (10)
1630	1602		years of participating service immedi ately preceding retirement or
1631	1603		termination of employment for all years of service performed by such
1632	1604		member, both for years of service performed as a correctional
1633	1605		officer, probation and parole officer or fugitive apprehension
1634	1606		agent, or years of service perfo rmed as a Grand River Dam public
1635	1607		safety officer, not in excess of twenty (20) years, and for years of RBH No. 10731
1636	1608
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1639	1610		2
1640	1611		3
1641	1612		4
1642	1613		5
1643	1614		6
1644	1615		7
1645	1616		8
1646	1617		9
1647	1618		10
1648	1619		11
1649	1620		12
1650	1621		13
1651	1622		14
1652	1623		15
1653	1624		16
1654	1625		17
1655	1626		18
1656	1627		19
1657	1628		20
1658	1629		21
1659	1630		22
1660	1631		23
1661	1632		24
1662	1633
1663	1634		service performed in excess of twenty (2 0) years, whether as a
1664	1635		correctional officer, probation and parole officer, fugitive
1665	1636		apprehension agent, Grand Rive r Dam public safety officer, or other
1666	1637		position unless the computation of benefits would result in a lower
1667	1638		retirement benefit amount than if fi nal average compensation were to
1668	1639		be computed as otherwise p rovided by this paragraph. "Final average
1669	1640		compensation" shall be determined by computing the average annual
1670	1641		salary for the highest five (5) of the last ten (10) years of
1671	1642		participating service imme diately preceding retirement or
1672	1643		termination of employment, with respect to members whose first
1673	1644		participating service occurs on or after July 1, 2013, or with
1674	1645		respect to Grand River Dam public safety officers whose first
1675	1646		participating service occurs on or a fter the effective date of this
1676	1647		act.
1677	1648		(9) Any member who is :
1678	1649		a. initially on or after July 1, 2002, employed as a
1679	1650		firefighter for the Oklahoma Military Department and
1680	1651		who retires on or after the member's normal retirement
1681	1652		date shall be entitled to receive an annual retirement
1682	1653		benefit equal to two and one -half percent (2 1/2%) of
1683	1654		the final average compensation of the m ember
1684	1655		multiplied by the number of years of service in s uch
1685	1656		service, RBH No. 10731
1686	1657
1687		-	SENATE FLOOR VERSION - HB2758 SFLR Page 34
1688		-	(Bold face denotes Committee Amendments) 1
	1658	+	ENGR. H. B. NO. 2758 Page 34 1
1689	1659		2
1690	1660		3
1691	1661		4
1692	1662		5
1693	1663		6
1694	1664		7
1695	1665		8
1696	1666		9
1697	1667		10
1698	1668		11
1699	1669		12
1700	1670		13
1701	1671		14
1702	1672		15
1703	1673		16
1704	1674		17
1705	1675		18
1706	1676		19
1707	1677		20
1708	1678		21
1709	1679		22
1710	1680		23
1711	1681		24
1712	1682
1713	1683		b. (1) a firefighter who performs firefighting services
1714	1684		for the Oklahoma Military Department prior to
1715	1685		July 1, 2002, and who makes an election in
1716	1686		writing on a form prescribed for this purpo se by
1717	1687		the System not later than December 31, 2002,
1718	1688		shall be entitled to receive a retirement benefit
1719	1689		based upon two and one -half percent (2 1/2%) of
1720	1690		the final average compensation of the member
1721	1691		multiplied by the number of years of service as a
1722	1692		firefighter with the Oklahoma Military Department
1723	1693		on or after July 1, 2002. The election
1724	1694		authorized by this subdivision shall be
1725	1695		irrevocable once the ele ction is filed with the
1726	1696		System,
1727	1697		(2) a firefighter who perfo rms firefighting services
1728	1698		for the Oklahoma Military Dep artment prior to
1729	1699		July 1, 2002, and who makes the electi on in
1730	1700		division (1) of this subparagraph may also make
1731	1701		an election in writing on a form prescribed for
1732	1702		this purpose by the System not later than
1733	1703		December 31, 2002, to receive a retirement
1734	1704		benefit based upon two and one-half percent (2
1735	1705		1/2%) of the final ave rage compensation of the
1736	1706		member multiplied by the number of years of RBH No. 10731
1737	1707
1738		-	SENATE FLOOR VERSION - HB2758 SFLR Page 35
1739		-	(Bold face denotes Committee Amendments) 1
	1708	+	ENGR. H. B. NO. 2758 Page 35 1
1740	1709		2
1741	1710		3
1742	1711		4
1743	1712		5
1744	1713		6
1745	1714		7
1746	1715		8
1747	1716		9
1748	1717		10
1749	1718		11
1750	1719		12
1751	1720		13
1752	1721		14
1753	1722		15
1754	1723		16
1755	1724		17
1756	1725		18
1757	1726		19
1758	1727		20
1759	1728		21
1760	1729		22
1761	1730		23
1762	1731		24
1763	1732
1764	1733		service as a firefighter with the Oklahoma
1765	1734		Military Department prior to July 1, 2002. The
1766	1735		election authorized by this subdivision s hall be
1767	1736		irrevocable once the election is filed with the
1768	1737		System. Retirement benefits shall be calculated
1769	1738		based upon the two and one -half percent (2 1/2%)
1770	1739		multiplier upon payment being made pursuant to
1771	1740		Section 913.5 of this title.
1772	1741		(10) Any person who contr ibutes to the System as a deputy
1773	1742		sheriff or county jail er as provided in paragraph (f) of subsection
1774	1743		(1) of Section 919.1 of this title, and w ho retires under normal
1775	1744		retirement or early retirement unde r division (v) of subparagraph
1776	1745		(d) of paragraph (24) of Section 902 of this title, shall have
1777	1746		retirement benefits for each year of full-time-equivalent
1778	1747		participating service as a deputy sheriff or county jailer computed
1779	1748		on two and one-half percent (2 1/2%) of the final average
1780	1749		compensation based upon those yea rs as a deputy sheriff or county
1781	1750		jailer, and any years in excess of twenty (20) years as a deputy
1782	1751		sheriff or county jailer, or years credited to the member in
1783	1752		accordance with the provisions of Section 913 of this title, shall
1784	1753		be calculated for retirement p urposes at two percent (2%) of the
1785	1754		final average compen sation of the member multiplied by the number of
1786	1755		years of such service. For purposes o f this paragraph, "final
1787	1756		average compensation" shall be det ermined by computing the average RBH No. 10731
1788	1757
1789		-	SENATE FLOOR VERSION - HB2758 SFLR Page 36
1790		-	(Bold face denotes Committee Amendments) 1
	1758	+	ENGR. H. B. NO. 2758 Page 36 1
1791	1759		2
1792	1760		3
1793	1761		4
1794	1762		5
1795	1763		6
1796	1764		7
1797	1765		8
1798	1766		9
1799	1767		10
1800	1768		11
1801	1769		12
1802	1770		13
1803	1771		14
1804	1772		15
1805	1773		16
1806	1774		17
1807	1775		18
1808	1776		19
1809	1777		20
1810	1778		21
1811	1779		22
1812	1780		23
1813	1781		24
1814	1782
1815	1783		annual salary, in the manner prescribed by paragraph (18) of Section
1816	1784		902 of this title, both for years of service performed as a deputy
1817	1785		sheriff or county jailer not in excess of twenty (20) years, and for
1818	1786		years of service performed in excess of twenty (20) years, whether
1819	1787		as a deputy sheriff or county jailer.
1820	1788		(11) Any person who contributes to the System as a military
1821	1789		police officer as provided in paragraph ( g) of subsection (1) of
1822	1790		Section 919.1 of this title, and who retires under normal retirement
1823	1791		or early retirement under div ision (vi) of subparagraph (d) of
1824	1792		paragraph (24) of Section 902 of this title, shall have retirement
1825	1793		benefits for each year of full -time-equivalent participating service
1826	1794		as a military police officer computed on two and one-half percent (2
1827	1795		1/2%) of the final average compensation based upon th ose years as a
1828	1796		military police officer, and any years in excess of twenty (20)
1829	1797		years as a military police officer, or years credited to the member
1830	1798		in accordance with the pr ovisions of Section 913 of this title,
1831	1799		shall be calculated for retirement purposes a t two percent (2%) of
1832	1800		the final average compensation of the member multiplied by the
1833	1801		number of years of su ch service. For purposes of this paragraph,
1834	1802		"final average compen sation" shall be determined by computing the
1835	1803		average annual salary, in the manner pr escribed by paragraph (18) of
1836	1804		Section 902 of this title, both for years of service performed as a
1837	1805		military police officer not in excess of twenty (20) years, and for RBH No. 10731
1838	1806
1839		-	SENATE FLOOR VERSION - HB2758 SFLR Page 37
1840		-	(Bold face denotes Committee Amendments) 1
	1807	+	ENGR. H. B. NO. 2758 Page 37 1
1841	1808		2
1842	1809		3
1843	1810		4
1844	1811		5
1845	1812		6
1846	1813		7
1847	1814		8
1848	1815		9
1849	1816		10
1850	1817		11
1851	1818		12
1852	1819		13
1853	1820		14
1854	1821		15
1855	1822		16
1856	1823		17
1857	1824		18
1858	1825		19
1859	1826		20
1860	1827		21
1861	1828		22
1862	1829		23
1863	1830		24
1864	1831
1865	1832		years of service performed in excess of twenty (20) ye ars, as a
1866	1833		military police officer .
1867	1834		(12) Any person who contributes to the System as an emergency
1868	1835		medical service personnel as provided in paragraph (h) of subsection
1869	1836		(1) of Section 919.1 of this title, and w ho retires under normal
1870	1837		retirement or early reti rement under division (vii) of subparagraph
1871	1838		(d) of paragraph (24) of Section 902 of this title, shall have
1872	1839		retirement benefits for each year o f full-time-equivalent
1873	1840		participating service as a n emergency medical service personnel
1874	1841		computed on two and one -half percent (2 1/2%) of the final aver age
1875	1842		compensation based upon those years as an emergency medical service
1876	1843		personnel, and any years in excess of twenty (20) years as an
1877	1844		emergency medical service personnel , or years credited to the member
1878	1845		in accordance with the provisions of Section 913 of t his title,
1879	1846		shall be calculated for retirement purposes at two percent (2%) of
1880	1847		the final average compensati on of the member multiplied by the
1881	1848		number of years of such service . For purposes of this paragraph,
1882	1849		"final average compensation" shall be determined by computing the
1883	1850		average annual salary, in the manner prescribed by paragraph (18) of
1884	1851		Section 902 of this title, both for years of service performed as a n
1885	1852		emergency medical service personnel not in excess of twenty (20)
1886	1853		years, and for years of service perf ormed in excess of twenty (20)
1887	1854		years, as an emergency medical service personnel . RBH No. 10731
1888	1855
1889		-	SENATE FLOOR VERSION - HB2758 SFLR Page 38
1890		-	(Bold face denotes Committee Amendments) 1
	1856	+	ENGR. H. B. NO. 2758 Page 38 1
1891	1857		2
1892	1858		3
1893	1859		4
1894	1860		5
1895	1861		6
1896	1862		7
1897	1863		8
1898	1864		9
1899	1865		10
1900	1866		11
1901	1867		12
1902	1868		13
1903	1869		14
1904	1870		15
1905	1871		16
1906	1872		17
1907	1873		18
1908	1874		19
1909	1875		20
1910	1876		21
1911	1877		22
1912	1878		23
1913	1879		24
1914	1880
1915	1881		(13) Upon death of a retiree, there shall be paid to his or her
1916	1882		beneficiary an amount equa l to the excess, if any, of his or her
1917	1883		accumulated contributions over the sum of all retirement benefi t
1918	1884		payments made.
1919	1885		(12) (14) Such annual retirement benefits shall be paid in
1920	1886		equal monthly installments, except that the Board may provide for
1921	1887		the payment of retirement benefits which total less than Tw o Hundred
1922	1888		Forty Dollars ($240.00) a year on other than a monthly basis.
1923	1889		(13) (15) Pursuant to the rules established by the Board, a
1924	1890		retiree receiving monthly benefits from the System may authorize
1925	1891		warrant deductions for any products currently offered to a ctive
1926	1892		state employees through the Employ ees Benefits Council, provided
1927	1893		that product is offered to state retirees as a group and has a
1928	1894		minimum participation of five hundred state retirees. The System
1929	1895		has no responsibility for the marketing, enrolling or ad ministration
1930	1896		of such products, but shall retain a processing fee of two percent
1931	1897		(2%) of the gross deductions for the products. Retirement ben efit
1932	1898		deductions shall be made for membership dues for any statewid e
1933	1899		association for which payroll deductions are a uthorized pursuant to
1934	1900		subsection B of Section 34.70 of Title 62 of the Oklahoma Statutes
1935	1901		for retired members of any state -supported retirement system, upon
1936	1902		proper authorization given by the member to the boar d from which the
1937	1903		member or beneficiary is curren tly receiving retirement benefits. RBH No. 10731
1938	1904
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1940		-	(Bold face denotes Committee Amendments) 1
	1905	+	ENGR. H. B. NO. 2758 Page 39 1
1941	1906		2
1942	1907		3
1943	1908		4
1944	1909		5
1945	1910		6
1946	1911		7
1947	1912		8
1948	1913		9
1949	1914		10
1950	1915		11
1951	1916		12
1952	1917		13
1953	1918		14
1954	1919		15
1955	1920		16
1956	1921		17
1957	1922		18
1958	1923		19
1959	1924		20
1960	1925		21
1961	1926		22
1962	1927		23
1963	1928		24
1964	1929
1965	1930		B. A member shall be considered disabled if such member
1966	1931		qualifies for the payment of Social Security disab ility benefits, or
1967	1932		the payment of benefits pursuant to the Railroa d Retirement Act of
1968	1933		1974, Section 231 et seq. of Title 45 of the United States Code, and
1969	1934		shall be eligible for benefits hereunder upon proof of such
1970	1935		disability, provided such member is an ac tive regularly scheduled
1971	1936		employee with a participating employer at the time of injury or
1972	1937		inception of illness or d isease resulting in subsequent
1973	1938		certification of eligibility for Social Security disability benefits
1974	1939		by reason of such injury, illness or disea se, providing such
1975	1940		disability is certified by the Social Security Administration within
1976	1941		one (1) year after the las t date physically on the job and after
1977	1942		completion of at least eight (8) years of participating service or
1978	1943		combined prior and participating ser vice or resulting in subsequent
1979	1944		certification of eligibility of di sability by the Railroad
1980	1945		Retirement Board provid ing such certification is made by the
1981	1946		Railroad Retirement Board within one (1) year after the last date
1982	1947		physically on the job and after comple tion of at least eight (8)
1983	1948		years of participating service or combi ned prior and participating
1984	1949		service. The member shall submit to the Retirement System t he
1985	1950		Social Security Award Notice or the Railroad Retirement Award Notice
1986	1951		certifying the date of entitle ment for disability benefits, as
1987	1952		issued by the Social Security Adm inistration, Department of Health
1988	1953		and Human Services or the Railroad Retirement Board. Disability RBH No. 10731
1989	1954
1990		-	SENATE FLOOR VERSION - HB2758 SFLR Page 40
1991		-	(Bold face denotes Committee Amendments) 1
	1955	+	ENGR. H. B. NO. 2758 Page 40 1
1992	1956		2
1993	1957		3
1994	1958		4
1995	1959		5
1996	1960		6
1997	1961		7
1998	1962		8
1999	1963		9
2000	1964		10
2001	1965		11
2002	1966		12
2003	1967		13
2004	1968		14
2005	1969		15
2006	1970		16
2007	1971		17
2008	1972		18
2009	1973		19
2010	1974		20
2011	1975		21
2012	1976		22
2013	1977		23
2014	1978		24
2015	1979
2016	1980		benefits shall become effective on the date of entitlement as
2017	1981		established by the Social Sec urity Administration or the Railroad
2018	1982		Retirement Board, but not bef ore the first day of the month
2019	1983		following removal from the payroll, whichever is later, a nd final
2020	1984		approval by the Retirement System. Benefits shall be based upon
2021	1985		length of service and compen sation as of the date of disability,
2022	1986		without actuarial reduction b ecause of commencement prior to the
2023	1987		normal retirement date. The only optional form of b enefit payment
2024	1988		available for disability benefits is Option A as provided for in
2025	1989		Section 918 of this ti tle. Option A must be elected in accordance
2026	1990		with the provisions o f Section 918 of this title. Benefit payments
2027	1991		shall cease upon the member's recovery fr om disability prior to the
2028	1992		normal retirement date. Future benefits, if any, shall be paid
2029	1993		based upon length of service and compensation as of the date of
2030	1994		disability. In the event that disability ceases and the memb er
2031	1995		returns to employment within the Syst em credited service to the date
2032	1996		of disability shall be restored, and future benefits shall be
2033	1997		determined accordingly.
2034	1998		C. A member who incurred a disability pursuant to subsection B
2035	1999		of this section on or after July 1 , 1999, and who has retired from
2036	2000		the System with an early retirement benefit pending certification
2037	2001		from the Social Security Administration or the Railroad Retirement
2038	2002		Board shall receive a retirement benefit n ot less than the
2039	2003		disability retirement benefit p rovided by subsection B of this RBH No. 10731
2040	2004
2041		-	SENATE FLOOR VERSION - HB2758 SFLR Page 41
2042		-	(Bold face denotes Committee Amendments) 1
	2005	+	ENGR. H. B. NO. 2758 Page 41 1
2043	2006		2
2044	2007		3
2045	2008		4
2046	2009		5
2047	2010		6
2048	2011		7
2049	2012		8
2050	2013		9
2051	2014		10
2052	2015		11
2053	2016		12
2054	2017		13
2055	2018		14
2056	2019		15
2057	2020		16
2058	2021		17
2059	2022		18
2060	2023		19
2061	2024		20
2062	2025		21
2063	2026		22
2064	2027		23
2065	2028		24
2066	2029
2067	2030		section once the System receives a Social Security Award Notice or a
2068	2031		Railroad Retirement Award Notice pursuant to subsection B of this
2069	2032		section and a completed Application for D isability Benefits. In
2070	2033		addition, such member sh all receive the difference, if any, betw een
2071	2034		the early retirement benefit and the disability benefit from the
2072	2035		date the Social Security Administ ration or the Railroad Retirement
2073	2036		Board establishes disability ent itlement.
2074	2037		D. Any actively participating member of the System on or after
2075	2038		July 1, 1998, except for those employees provided in subparagraph
2076	2039		(e) of paragraph (14) of Section 902 of this title , whose employment
2077	2040		is less than full-time, shall have his or her f inal average
2078	2041		compensation calculated on an annua lized basis using his or her
2079	2042		hourly wage subject to the maximum compensation limits; provided,
2080	2043		however, any such member whose first participat ing service occurred
2081	2044		before July 1, 2013, and who has at least thr ee (3) years of full -
2082	2045		time employment during the last ten (10) years immediately precedin g
2083	2046		termination or retirement shall not be eligible for the
2084	2047		annualization provisions contained herein; a nd provided further, any
2085	2048		such member whose first participating ser vice occurred on or after
2086	2049		July 1, 2013, and who has at least five (5) years of full -time
2087	2050		employment during the last ten (10) years immediately preceding
2088	2051		termination or retirement shall not b e eligible for the
2089	2052		annualization provisions contained herein. The Board of Trustees RBH No. 10731
2090	2053
2091		-	SENATE FLOOR VERSION - HB2758 SFLR Page 42
2092		-	(Bold face denotes Committee Amendments) 1
	2054	+	ENGR. H. B. NO. 2758 Page 42 1
2093	2055		2
2094	2056		3
2095	2057		4
2096	2058		5
2097	2059		6
2098	2060		7
2099	2061		8
2100	2062		9
2101	2063		10
2102	2064		11
2103	2065		12
2104	2066		13
2105	2067		14
2106	2068		15
2107	2069		16
2108	2070		17
2109	2071		18
2110	2072		19
2111	2073		20
2112	2074		21
2113	2075		22
2114	2076		23
2115	2077		24
2116	2078
2117	2079		shall promulgate such adminis trative rules as are necessary to
2118	2080		implement the provisions of this subsection.
2119		-	SECTION 3. AMENDATORY 74 O.S. ~~20 21~~, ~~Section~~ 916.3, is
	2081	+	SECTION 3. AMENDATORY 74 O.S. 2011, S ection 916.3, is
2120	2082		amended to read as follows:
2121	2083		Section 916.3 A. 1. Notwithstanding the pro visions of
2122	2084		Sections 901 through 932 of this title, a monthly pension, as
2123	2085		provided in subsection B of this section, shall be paid on behalf of
2124	2086		any member who is a cor rectional officer or probation and parole
2125	2087		officer of the Departmen t of Corrections and who is killed or
2126	2088		mortally wounded on or after January 1, 2000, during the performance
2127	2089		of the member's duties for the Department or any employee of the
2128	2090		Department of Corrections who is killed or mortally wounded after
2129	2091		June 30, 2004, during the performance of th e member's duties for t he
2130	2092		Department.
2131	2093		2. The monthly pension described in this section shall be paid
2132	2094		on behalf of any member first hired by any county that is a
2133	2095		participating employer in the System as a deputy sheriff or jailer
2134	2096		on or after November 1, 202 0, and who is killed or mortally wounded
2135	2097		during the performance of the member's duties as a deputy sheriff or
2136	2098		jailer.
2137	2099		3. The monthly pension described in this secti on shall be paid
2138	2100		on behalf of a military police officer hired by any participating
2139	2101		employer for the first time as a military police officer on or after RBH No. 10731
2140	2102
2141		-	SENATE FLOOR VERSION - HB2758 SFLR Page 43
2142		-	(Bold face denotes Committee Amendments) 1
	2103	+	ENGR. H. B. NO. 2758 Page 43 1
2143	2104		2
2144	2105		3
2145	2106		4
2146	2107		5
2147	2108		6
2148	2109		7
2149	2110		8
2150	2111		9
2151	2112		10
2152	2113		11
2153	2114		12
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2158	2119		17
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2166	2127
2167	2128		November 1, 2022, and who is killed or mortally wounded during the
2168	2129		performance of the member's duties as a military police officer.
2169	2130		4. The monthly pension described in t his section shall be paid
2170	2131		on behalf of a licensed emergency medical personnel hired by any
2171	2132		participating employe r for the first time as a licensed emergency
2172	2133		medical personnel on or after November 1, 2022, and who is killed or
2173	2134		mortally wounded during the pe rformance of the member's duties as an
2174	2135		emergency medical service personnel.
2175	2136		B. The monthly benefit shall be equ al to:
2176	2137		1. Two and one-half percent (2 1/2%);
2177	2138		2. Multiplied by twenty (20) ye ars of service, regardless of
2178	2139		the actual number of years of credit ed service performed by t he
2179	2140		member prior to deat h, if the member had performed less than twenty
2180	2141		(20) years of credited service, or the actual number of years of
2181	2142		credited service of the membe r if greater than twenty (20) years;
2182	2143		3. Multiplied by the member' s final average compensat ion; and
2183	2144		4. Divided by 12.
2184	2145		C. The pension provided for in subsection A of this sectio n
2185	2146		shall be paid:
2186	2147		1. Except as provided in subsection D of this section, to th e
2187	2148		surviving spouse for life; or
2188	2149		2. If there is no surviving spous e or upon the death of th e
2189	2150		surviving spouse: RBH No. 10731
2190	2151
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2216	2176
2217	2177		a. to the surviving child or children of said member or
2218	2178		legal guardian of such child or children for such time
2219	2179		as such child or children are unde r the age of
2220	2180		eighteen (18) years, or
2221	2181		b. to the surviving child or children between the age of
2222	2182		eighteen (18) and tw enty-two (22) years if the child
2223	2183		is enrolled full time in and is regularly attending a
2224	2184		public or private school or any institution of higher
2225	2185		education.
2226	2186		D. No surviving spouse shall receive benefits from this
2227	2187		section, Section 49-113 of Title 11 of the Okla homa Statutes,
2228	2188		Section 50-117 of Title 11 of the Oklahoma Statut es, or Section 2-
2229	2189		306 of Title 47 of the Oklahoma Statutes as the surviving spo use of
2230	2190		more than one member of the Oklahoma Firefighters Pension a nd
2231	2191		Retirement System, the Oklahoma Police Pensio n and Retirement
2232	2192		System, the Oklahoma Law Enforcement Retirement System, or the
2233	2193		Oklahoma Public Employees Retirement System. The surviving sp ouse
2234	2194		of more than one member shall elect which member 's benefits he or
2235	2195		she will receive.
2236	2196		E. In addition to the pe nsion above provided for, if said
2237	2197		member leaves one or more chil dren under the age of eighteen (18)
2238	2198		years or under the age of twenty -two (22) years if the child is
2239	2199		enrolled full-time in and is regularly atten ding a public or private
2240	2200		school or any instituti on of higher education, Four Hundred Dollars RBH No. 10731
2241	2201
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2267	2226
2268	2227		($400.00) a month shall be paid to the surviving spouse or to the
2269	2228		person having the care and cust ody of such children if there is no
2270	2229		surviving spouse or if the sur viving spouse dies and un til each
2271	2230		child reaches the age of eighteen (18) years or reaches the age of
2272	2231		twenty-two (22) years if the child is enrolled full -time in and is
2273	2232		regularly attending a public or private school or any institution of
2274	2233		higher education.
2275	2234		F. The pension benefit pr ovided in this section shall be made
2276	2235		prospectively only from the effective date of this act. The
2277	2236		benefits shall be payable beginning the later of the first day of
2278	2237		the month following the date that such employee was killed or dies
2279	2238		from a mortal wound, as p rovided in this section , or the effective
2280	2239		date of this act.
2281	2240		G. The Board of the Oklaho ma Public Employees Retirement System
2282	2241		shall promulgate such rules as are neces sary to implement the
2283	2242		provisions of this section.
2284	2243		SECTION 4. AMENDATORY 74 O.S. 2021, Section 919.1, is
2285	2244		amended to read as follows:
2286	2245		Section 919.1 (1) Employee contributions to the System shall
2287	2246		be:
2288	2247		(a) for employees except as ot herwise provided in
2289	2248		paragraphs (b), (c), (d), (e), (f) and, (g), (h) and
2290	2249		(i) of this subsection: beginning July 1, 2006, and RBH No. 10731
2291	2250
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2316	2274		24
2317	2275
2318	2276		thereafter, three and one -half percent (3.5%) of
2319	2277		allowable annual compensation;
2320	2278		(b) for correctional officers and probation and pa role
2321	2279		officers employed by the Department of Corrections:
2322	2280		beginning July 1, 1998, and thereafter, and for
2323	2281		correctional officers or probation and parole officers
2324	2282		who are in such position on June 30, 2004, or who are
2325	2283		hired after June 30, 2004, and who receiv e a promotion
2326	2284		or change in job classification after June 30, 2004,
2327	2285		to another position in the Department of Correct ions,
2328	2286		so long as such officers have at least five (5) years
2329	2287		of service as a correctional officer or probation and
2330	2288		parole officer, eight perce nt (8%) of allowable
2331	2289		compensation as provided in paragraph (9) of S ection
2332	2290		902 of this title;
2333	2291		(c) for fugitive apprehension agents who are employed with
2334	2292		the Department of Correctio ns on or after July 1,
2335	2293		2002, and for fugitive apprehension agents who are in
2336	2294		such position on June 30, 2004, or who are hired after
2337	2295		June 30, 2004, and who receive a promotion or change
2338	2296		in job classification after June 30, 2004, to another
2339	2297		position in the Department of Corrections, so long as
2340	2298		such agents have at least five (5) years of service as
2341	2299		a fugitive apprehension agent, eight percent (8%) of RBH No. 10731
2342	2300
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2368	2325
2369	2326		allowable compensation as provided in paragraph (9) of
2370	2327		Section 902 of this title;
2371	2328		(d) for firefighters of the O klahoma Military Department
2372	2329		first employed beginning July 1, 2002, and therea fter,
2373	2330		and such firefighters who performed service prior to
2374	2331		July 1, 2002, for the Oklahoma Military Department and
2375	2332		who make the election authorized by division (1) of
2376	2333		subparagraph b of paragraph (9) of subsection A of
2377	2334		Section 915 of this title who perform s ervice on or
2378	2335		after July 1, 2002, in such capacity, eight percent
2379	2336		(8%) of allowable compensation as provided in
2380	2337		subsection paragraph (9) of Section 902 of this title;
2381	2338		(e) for all public safety officers of the Grand River Dam
2382	2339		Authority as defined by paragrap h (37) of Section 902
2383	2340		of this title, eight percent (8%) of allowabl e
2384	2341		compensation as provided in paragraph (9) of S ection
2385	2342		902 of this title;
2386	2343		(f) for deputy sheriffs and county jai lers employed by any
2387	2344		county that is a participating employer in the System
2388	2345		for the first time as a deputy sheriff or jailer on or
2389	2346		after November 1, 2020, eight percent (8%) of
2390	2347		allowable compensation as provided in paragraph (9) of
2391	2348		Section 902 of this title ; and RBH No. 10731
2392	2349
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2416	2372		23
2417	2373		24
2418	2374
2419	2375		(g) for military police officers employed by any
2420	2376		participating employer for the first time as a
2421	2377		military police officer on or after November 1, 2022,
2422	2378		eight percent (8%) of allowable comp ensation as
2423	2379		provided in paragraph (9) of Section 902 of this
2424	2380		title;
2425	2381		(h) for licensed emergency medical personnel employed by
2426	2382		any participating employer as a licensed emergency
2427	2383		medical personnel for the first time on or after
2428	2384		November 1, 2022, eight percent (8%) of allowable
2429	2385		compensation as provided in paragraph (9) of Section
2430	2386		902 of this title; and
2431	2387		(i) for all employees except those who make c ontributions
2432	2388		pursuant to paragraphs (b), (c), (d), (e) and, (f),
2433	2389		(g) and (h) of this subsection who make an irrevoc able
2434	2390		written election pursuant to paragraph (2) of
2435	2391		subsection A of Section 915 of this title: six and
2436	2392		forty-one one-hundredths percent (6.41 %) of allowable
2437	2393		annual compensation.
2438	2394		The contributions required by paragraphs (b), (c), (e), and (f),
2439	2395		(g) and (h) of this subsection shall be made by a member for not
2440	2396		more than twenty (20) years and thereafter shall be as provided in
2441	2397		paragraph (a) of this subsection. RBH No. 10731
2442	2398
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2465	2420		22
2466	2421		23
2467	2422		24
2468	2423
2469	2424		(2) Contributions shall be deducted by each state agen cy by the
2470	2425		participating employer for such benefi ts as the Board is authorized
2471	2426		to administer as provided for by l aw. Employee and employer
2472	2427		contributions shall be remitted monthly, or as the Board may
2473	2428		otherwise provide, to the Executive Director for deposit in the
2474	2429		Oklahoma Public Employees Retirement Fun d.
2475	2430		(3) Each participating employer shall pick up under the
2476	2431		provisions of Section 414(h)(2) of the Internal Revenue Code of 1986
2477	2432		and pay the contribution which the member is required by law to make
2478	2433		to the System for all compensation earned after December 3 1, 1988.
2479	2434		Although the contributions so picked up are designated as member
2480	2435		contributions, such contributions shall be treated as contribution s
2481	2436		being paid by the participating employer in lieu of contributions by
2482	2437		the member in determining tax treatment unde r the Internal Revenue
2483	2438		Code of 1986 and such picked up contribut ions shall not be
2484	2439		includable in the gross income of the member until such amo unts are
2485	2440		distributed or made available to the member or the benefic iary of
2486	2441		the member. The member, by the terms of this System, shall not have
2487	2442		any option to choose to receive the contributions so picked up
2488	2443		directly and the picked up contributions must be paid by the
2489	2444		participating employer to the System.
2490	2445		Member contributions which are picked up shall be treated in the
2491	2446		same manner and to the same extent as member contributions made
2492	2447		prior to the date on which member contributions were picked up by RBH No. 10731
2493	2448
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2518	2472		24
2519	2473
2520	2474		the participating employer. Member contributions so picked up shall
2521	2475		be included in gross salary for purposes of determining b enefits and
2522	2476		contributions under the System.
2523	2477		The participating em ployer shall pay the member contributions
2524	2478		from the same source of funds used in paying salary to the member,
2525	2479		by effecting an equal cash reductio n in gross salary of the member.
2526	2480		(4) By September 1, 1989, the System shall refund the
2527	2481		accumulated employee con tributions of any member who elects to
2528	2482		retain the member's membership in the Teachers' Retirement System of
2529	2483		Oklahoma, in accordance with Section 17-104 of Title 70 of the
2530	2484		Oklahoma Statutes, to such member. Upon the refund of the
2531	2485		accumulated employee contr ibutions referred to in this subsection,
2532	2486		all benefits and rights accrued to s uch member are terminated.
2533	2487		SECTION 5. AMENDATORY 74 O.S. 2021, Section 920A, is
2534	2488		amended to read as follows:
2535	2489		Section 920A. A. Any county, count y hospital, city or town,
2536	2490		conservation district, circuit engineering district or any pu blic or
2537	2491		private trust in which a county, city or town participates and is
2538	2492		the primary beneficiary, which is a part icipating employer and any
2539	2493		eligible employee shall cont ribute to the System. The total
2540	2494		employer and employee contributions shall be based on the allowable
2541	2495		annual compensation as defined in paragraph (9) of S ection 902 of
2542	2496		this title. Except as provided fo r in this section, the employer RBH No. 10731
2543	2497
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2547	2500		3
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2567	2520		23
2568	2521		24
2569	2522
2570	2523		shall not pay for the e mployee any of the employee contribution to
2571	2524		the System.
2572	2525		B. For the fiscal year ending June 30, 2005, the total employer
2573	2526		and employee contributions shall equal thirteen and one -half percent
2574	2527		(13 1/2%) of the allowable monthly compensation of each member;
2575	2528		provided, however, each participating employer listed in this
2576	2529		section may set the amount of the employer and employee contribution
2577	2530		to equal thirteen and on e-half percent (13 1/2%) of the allowable
2578	2531		monthly compensation of each member for compensation as provi ded in
2579	2532		paragraph (9) of Section 902 of this title; provided, the employer
2580	2533		contribution shall not exceed ten percent (10%) and the employee
2581	2534		contribution shall not exceed eight and one -half percent (8 1/2%).
2582	2535		C. The total employer and employee contributions for fiscal
2583	2536		years following the fiscal year ending June 30, 2005, shall be as
2584	2537		follows:
2585	2538		July 1, 2005 – June 30, 2006 15%
2586	2539		July 1, 2006 – June 30, 2007 16%
2587	2540		July 1, 2007 – June 30, 2008 17%
2588	2541		July 1, 2008 – June 30, 2009 18%
2589	2542		July 1, 2009 – June 30, 2010 19%
2590	2543		July 1, 2010 – June 30, 2011 and
2591	2544		each fiscal year thereafter 20%
2592	2545		Such employee and employer contributions shall be based upon the
2593	2546		allowable monthly compensati on of each member for compensation as RBH No. 10731
2594	2547
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2620	2572
2621	2573		provided in paragraph (9) of Section 902 of this title. The maxi mum
2622	2574		employer contribution of ten percent (10%) in subsection B of this
2623	2575		section shall increase by one and one-half percent (1.5%) beginning
2624	2576		in the fiscal year ending June 30, 2006, and one percent (1%) for
2625	2577		each fiscal year thereafter until it reaches sixtee n and one-half
2626	2578		percent (16.5%). For such years, the employee contribution shall
2627	2579		not exceed eight and one-half percent (8 1/2%). Notwithstanding any
2628	2580		other provisions of this section to the contrary, f or those members
2629	2581		described in division (v) , (vi) or (vii) of subparagraph (d) of
2630	2582		paragraph (24) of Section 902 of this title, the county
2631	2583		participating employer shall contribute sixteen and one -half percent
2632	2584		(16 1/2%) and the employee shall contribute eight percent (8%) for a
2633	2585		total of twenty-four and one-half percent (24 1/2%).
2634	2586		D. For members who make the election pursuant to paragraph (2)
2635	2587		of subsection A of Section 915 of this title, the employee
2636	2588		contribution shall increase by two and ninety -one one-hundredths
2637	2589		percent (2.91%). Such employee contribution increa se shall be paid
2638	2590		by the employee.
2639	2591		E. Each participating employer pursuant to the provi sions of
2640	2592		this section may pick up under the provisions of Section 414(h)(2)
2641	2593		of the Internal Revenue Code of 1986 a nd pay the contribution which
2642	2594		the member is required by law to make to the System for all
2643	2595		compensation earned after December 31, 1989. Althou gh the
2644	2596		contributions so picked up are designated as member contrib utions, RBH No. 10731
2645	2597
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2654	2605		8
2655	2606		9
2656	2607		10
2657	2608		11
2658	2609		12
2659	2610		13
2660	2611		14
2661	2612		15
2662	2613		16
2663	2614		17
2664	2615		18
2665	2616		19
2666	2617		20
2667	2618		21
2668	2619		22
2669	2620		23
2670	2621		24
2671	2622
2672	2623		such contributions shall be treated as c ontributions being paid by
2673	2624		the participating employer i n lieu of contributions by the member in
2674	2625		determining tax treatment under the Internal R evenue Code of 1986
2675	2626		and such picked up contributions shall not be includable in the
2676	2627		gross income of the member unt il such amounts are distributed or
2677	2628		made available to th e member or the beneficiary of the member. The
2678	2629		member, by the terms of this System, sh all not have any option to
2679	2630		choose to receive the contributions so picked up directly and the
2680	2631		picked up contributio ns must be paid by the participating employer
2681	2632		to the System.
2682	2633		F. Member contributions which are picked up shall be treated in
2683	2634		the same manner and to the same extent as member contributions made
2684	2635		prior to the date on which member contributions were picked up by
2685	2636		the participating employer. Member contributions s o picked up shall
2686	2637		be included in gross salary for purposes of determining benefits and
2687	2638		contributions under the System.
2688	2639		G. The participating employer sha ll pay the member
2689	2640		contributions from the same so urce of funds used in paying salary to
2690	2641		the member, by effecting an equal cash reduction in gross salary of
2691	2642		the member.
2692	2643		SECTION 6. This act shall become effective November 1, 2022.
2693		-	COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
2694		-	April 13, 2022 - DO PASS AS AMENDED
	2644	+	RBH No. 10731
	2645	+
	2646	+	ENGR. H. B. NO. 2758 Page 54 1
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	2670	+
	2671	+	Passed the House of Representatives the 21st day of March, 2022.
	2672	+
	2673	+
	2674	+
	2675	+
	2676	+	Presiding Officer of the House
	2677	+	of Representatives
	2678	+
	2679	+
	2680	+	Passed the Senate the ___ day of __________, 2022.
	2681	+
	2682	+
	2683	+
	2684	+
	2685	+	Presiding Officer of the Senate
	2686	+
	2687	+