RBH No. 8661
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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3650 By: Dills
AS INTRODUCED
An Act relating to the Teachers' Retirement System of
Oklahoma; amending 70 O.S. 2021, Section 17 -103,
which relates to membership; modify ing provisions
related to option for participation in Teachers'
Retirement System or the Oklahoma Public Employees
Retirement System; providing an effectiv e date; and
declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA :
SECTION 1. AMENDATORY 70 O.S. 2021, Section 17 -103, is
amended to read as follows:
Section 17-103. Except as provided in the Alternat e Retirement
Plan for Comprehensive Universities Act, the membership of the
retirement system shall consist of the following:
A. All classified personnel shall become members of the
retirement system as a condition of their employment;
B. For the period from August 2, 1969, to the effective date of
this act, all full-time nonclassified optional personnel regularly
employed for more than one (1) year may join the Teachers'
Retirement System of Oklahoma subject to the rules and regulations RBH No. 8661
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adopted pursuant to the Teachers' Retirement System. On or after
the effective date of this act, all nonclassified optional personnel
regularly employed for twenty (20) hours or more per week may join
the System upon hiring, subject to the provisions of subsection C of
this section and the rules and regulations adopted by the System
pursuant to this act.
C. 1. A nonclassified optional employee shall have thirty (30)
days from the initial date of hire t o make a one-time irrevocable
written election to opt out of participation in the System. If an
eligible employee fails to make an election within the thirty-day
period, the eligible employee shall be deemed to participate in the
System.
2. If an eligible employee elects to opt out of particip ation
in the System, the employee shall not make any required employee
contributions to the System and his or her employer shall not make
any required employer contributions to the System .
3. If an eligible nonclassified optional employee elects to
participate in the System, the employee shall make employee
contributions to the System pursuant to Section 17-116.2 of this
title and the employer shall make employer contributions to the
System pursuant to Secti on 17-108.1 of this title. Nothing in this
paragraph shall be construed to prohibit the employer from making
the contribution of the employee to the System on behalf of the
employee. RBH No. 8661
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4. A nonclassified optional employee who op ts out of
participation in the System shall be ineligible for future
participation in the System; provided, however, that if the employee
is hired for a classified position, he or she shall become a member
of the System pursuant to subsection A of this section but shall not
be eligible for prior service credit for service performed while
employed in a nonclassified position during which the employee opte d
out of participation in the System.
5. Any nonclassified optional employee employed on the
effective date of this act shall make an irr evocable written
election to participate in or opt out of the System pursuant to
paragraph 1 of this subsection. If the employee fails to make an
election within thirty (30) days from the effective date of this
act, the employee shall be deemed to partici pate in the System,
subject to the provisions of paragraph 3 of this subsection.
D. The Board of Trustees may, in its discretion, deny the right
to become members to any class of members whose compensation is only
partly paid by the state, or who is serv ing on a temporary or other
than per annum basis, and it also may, in its discretion, make
optional with members in any such class their individual entrance
into the retirement system.
E. Should any member, with less than ten (10) years of teaching
service in Oklahoma, in any period of six (6) consecutive years
after becoming a member be absent from service more than five (5) RBH No. 8661
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years, withdraw his or her contributions, retire or die, he or she
shall thereupon cease to be a member. The provisions of this
paragraph subsection shall not apply to any member of the Teachers'
Retirement System who has been a member of such classes of military
services as may be approved by the Board of Trustees, until a period
of one and one-half (1 1/2) years from date of termination of su ch
service shall have elapsed.
F. Effective November 1, 2019, a A retired member of the
Teachers' Retirement System who becomes employed by the State
Department of Education for the first time on or after November 1,
2019, shall have the option to remain a member of the Teachers'
Retirement System subject to any applicable limitations placed on
retired members returning to work or may choose to participate in
the Oklahoma Public Employees Retirement System as an active member.
SECTION 2. This act shall become effective July 1, 2022.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
58-2-8661 MAH 12/30/21
THOMAS E. CUMMINS CONSULTING ACTUARY, INC.
2512 E. 71
st
Street , Suite D ∙ Tulsa, Oklahoma 74136 (918) 492-9658 ∙ (918) 492- 9659
January 13, 2022
Representative Dills
Room 260.2
Re: RBH No. 8661
RBH No. 8661 is a shell bill.
This bill is a non fiscal bill under OPLAA A.
I am a member of the American Academy of Actuaries and meet the
Qualification Standards of the American Academy of Actuaries to
render the actuarial opinion herein.
Thomas E. Cummins
Thomas E. Cummins, MAAA