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1	1	RBH No. 8661
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27	27	STATE OF OKLAHOMA
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29	29	2nd Session of the 58th Legislature (2022)
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31	31	HOUSE BILL 3650 By: Dills
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37	37	AS INTRODUCED
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39	39	An Act relating to the Teachers' Retirement System of
40	40	Oklahoma; amending 70 O.S. 2021, Section 17 -103,
41	41	which relates to membership; modify ing provisions
42	42	related to option for participation in Teachers'
43	43	Retirement System or the Oklahoma Public Employees
44	44	Retirement System; providing an effectiv e date; and
45	45	declaring an emergency .
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51	51	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA :
52	52	SECTION 1. AMENDATORY 70 O.S. 2021, Section 17 -103, is
53	53	amended to read as follows:
54	54	Section 17-103. Except as provided in the Alternat e Retirement
55	55	Plan for Comprehensive Universities Act, the membership of the
56	56	retirement system shall consist of the following:
57	57	A. All classified personnel shall become members of the
58	58	retirement system as a condition of their employment;
59	59	B. For the period from August 2, 1969, to the effective date of
60	60	this act, all full-time nonclassified optional personnel regularly
61	61	employed for more than one (1) year may join the Teachers'
62	62	Retirement System of Oklahoma subject to the rules and regulations RBH No. 8661
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88	88	adopted pursuant to the Teachers' Retirement System. On or after
89	89	the effective date of this act, all nonclassified optional personnel
90	90	regularly employed for twenty (20) hours or more per week may join
91	91	the System upon hiring, subject to the provisions of subsection C of
92	92	this section and the rules and regulations adopted by the System
93	93	pursuant to this act.
94	94	C. 1. A nonclassified optional employee shall have thirty (30)
95	95	days from the initial date of hire t o make a one-time irrevocable
96	96	written election to opt out of participation in the System. If an
97	97	eligible employee fails to make an election within the thirty-day
98	98	period, the eligible employee shall be deemed to participate in the
99	99	System.
100	100	2. If an eligible employee elects to opt out of particip ation
101	101	in the System, the employee shall not make any required employee
102	102	contributions to the System and his or her employer shall not make
103	103	any required employer contributions to the System .
104	104	3. If an eligible nonclassified optional employee elects to
105	105	participate in the System, the employee shall make employee
106	106	contributions to the System pursuant to Section 17-116.2 of this
107	107	title and the employer shall make employer contributions to the
108	108	System pursuant to Secti on 17-108.1 of this title. Nothing in this
109	109	paragraph shall be construed to prohibit the employer from making
110	110	the contribution of the employee to the System on behalf of the
111	111	employee. RBH No. 8661
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137	137	4. A nonclassified optional employee who op ts out of
138	138	participation in the System shall be ineligible for future
139	139	participation in the System; provided, however, that if the employee
140	140	is hired for a classified position, he or she shall become a member
141	141	of the System pursuant to subsection A of this section but shall not
142	142	be eligible for prior service credit for service performed while
143	143	employed in a nonclassified position during which the employee opte d
144	144	out of participation in the System.
145	145	5. Any nonclassified optional employee employed on the
146	146	effective date of this act shall make an irr evocable written
147	147	election to participate in or opt out of the System pursuant to
148	148	paragraph 1 of this subsection. If the employee fails to make an
149	149	election within thirty (30) days from the effective date of this
150	150	act, the employee shall be deemed to partici pate in the System,
151	151	subject to the provisions of paragraph 3 of this subsection.
152	152	D. The Board of Trustees may, in its discretion, deny the right
153	153	to become members to any class of members whose compensation is only
154	154	partly paid by the state, or who is serv ing on a temporary or other
155	155	than per annum basis, and it also may, in its discretion, make
156	156	optional with members in any such class their individual entrance
157	157	into the retirement system.
158	158	E. Should any member, with less than ten (10) years of teaching
159	159	service in Oklahoma, in any period of six (6) consecutive years
160	160	after becoming a member be absent from service more than five (5) RBH No. 8661
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186	186	years, withdraw his or her contributions, retire or die, he or she
187	187	shall thereupon cease to be a member. The provisions of this
188	188	paragraph subsection shall not apply to any member of the Teachers'
189	189	Retirement System who has been a member of such classes of military
190	190	services as may be approved by the Board of Trustees, until a period
191	191	of one and one-half (1 1/2) years from date of termination of su ch
192	192	service shall have elapsed.
193	193	F. Effective November 1, 2019, a A retired member of the
194	194	Teachers' Retirement System who becomes employed by the State
195	195	Department of Education for the first time on or after November 1,
196	196	2019, shall have the option to remain a member of the Teachers'
197	197	Retirement System subject to any applicable limitations placed on
198	198	retired members returning to work or may choose to participate in
199	199	the Oklahoma Public Employees Retirement System as an active member.
200	200	SECTION 2. This act shall become effective July 1, 2022.
201	201	SECTION 3. It being immediately necessary for the preservation
202	202	of the public peace, health or safety, an emergency is hereby
203	203	declared to exist, by reason whereof thi s act shall take effect and
204	204	be in full force from and after its passage and approval.
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206	206	58-2-8661 MAH 12/30/21
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208	208	THOMAS E. CUMMINS CONSULTING ACTUARY, INC.
209	209	2512 E. 71
210	210	st
211	211	Street , Suite D ∙ Tulsa, Oklahoma 74136 (918) 492-9658 ∙ (918) 492- 9659
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216	216	January 13, 2022
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220	220	Representative Dills
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224	224	Re: RBH No. 8661
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227	227	RBH No. 8661 is a shell bill.
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229	229	This bill is a non fiscal bill under OPLAA A.
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231	231	I am a member of the American Academy of Actuaries and meet the
232	232	Qualification Standards of the American Academy of Actuaries to
233	233	render the actuarial opinion herein.
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236	236	Thomas E. Cummins
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238	238	Thomas E. Cummins, MAAA
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Oklahoma 2022 Regular Session

Oklahoma House Bill HB3650 Compare Versions