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1	1	RBH No. 9364
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28	28	STATE OF OKLAHOMA
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30	30	2nd Session of the 58th Legislature (2022)
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32	32	HOUSE BILL 3879 By: Crosswhite Hader
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38	38	AS INTRODUCED
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40	40	An Act relating to public retirement systems;
41	41	amending 20 O.S. 2021, Section 1102, which relates to
42	42	The Uniform Retirement System for Justices and
43	43	Judges; requiring certain Justices to retire in
44	44	certain circumstances ; and providing an effective
45	45	date.
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50	50	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
51	51	SECTION 1. AMENDATORY 20 O.S. 2021, Secti on 1102, is
52	52	amended to read as follows:
53	53	Section 1102. A. Any Justice or Judge of the Supreme Court,
54	54	Court of Criminal Appeals, Workers ' Compensation Court, Court of
55	55	Appeals or District Court who serves as Just ice or judge of any of
56	56	said courts in the Sta te of Oklahoma shall be a member of The
57	57	Uniform Retirement System for Justices and Judges . For members
58	58	whose initial service as a member of the System began prior to
59	59	January 1, 2012, such member who serves for a period of eight (8)
60	60	years or longer and upo n reaching or passing the age of sixty -five
61	61	(65) years, or who serves for a period of ten (10) years or longer
62	62	and upon reaching or passing the age of sixty (60) years , or whose RBH No. 9364
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89	89	sum of years of service and age e qual or exceeds eighty (80), after
90	90	completing eight (8) years of judicial service, shall be eligible to
91	91	receive the retirement benefits herein provided. For members whose
92	92	initial service as a member of the Syste m began on or after January
93	93	1, 2012, such member who serves for a period of eight (8) yea rs or
94	94	longer and upon reaching or passing the age of sixty -seven (67)
95	95	years or who serves for a period of ten (10) years or longer and
96	96	upon reaching or passing the age of sixty-two (62) years shall be
97	97	eligible to receive the retirement benefits herein prov ided. In
98	98	determining the periods of time above mentioned a major fraction of
99	99	a year shall count as a whole year. If such Justice or judge is
100	100	still serving in such ca pacity when the above requirements are
101	101	complied with, the Justice or judge may elect to r etire and may
102	102	elect whether such retirement shall become effective immediately or
103	103	at a specified time within the term of the Justice or judge or at
104	104	the expiration of the term of the Justice or judge. The Justic e or
105	105	judge shall file a written declaration w ith the System and the Court
106	106	Administrator of his or her desire to retire. The Court
107	107	Administrator shall notify the Governor within five (5) business
108	108	days of receiving the Notice of Retirement.
109	109	B. Upon filing of an election by any Justice or judge to ret ire
110	110	as authorized by Section 1101 et seq. of this title, the office held
111	111	by such Justice or judge shall become vacated immediately or at the
112	112	specified time within the term of the Justice or judge, or at the RBH No. 9364
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139	139	expiration of the term of the Justice or judge in accordance with
140	140	the election of the Justice or judge desiring retirement status.
141	141	Any such vacancy so created shall be filled in the manner provided
142	142	by law and the Constitution.
143	143	C. If any retired member of the System should be elected or
144	144	appointed to any judicial or other office covered by the System, the
145	145	retirement compensation of the retired member shall be suspended
146	146	during the period of time that the retired member holds such office
147	147	and be reinstated upon le aving such office. Notwithstanding any
148	148	other provision of this section or any other provision of law to the
149	149	contrary, a retired Justice or judge shall be permitted to be
150	150	employed by any college or university wit hin The Oklahoma State
151	151	System of Higher Educ ation as a full-time or part-time member of the
152	152	faculty or as a teacher in any common school or career and
153	153	technology education entity without suspension of retirement
154	154	benefits.
155	155	D. Any participating employer who is employing such a retiree
156	156	as described in subsection C of this section shall make prop er
157	157	written notification to the System informing it of the beginning
158	158	date of such retiree 's employment. Any retiree returning to work
159	159	for a participating employer shal l make contributions to the System
160	160	and the employer shall do likewise. All retirees who have returned
161	161	to employment and participation in the System following retirement RBH No. 9364
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188	188	shall have post-retirement benefits calculated on one of the
189	189	following methods:
190	190	1. All service accumulated from date of reemploym ent shall be
191	191	computed based on the benefit fo rmula applicable at that time, and
192	192	the additional benefits shall be added to the previous benefits.
193	193	Such additional benefits shall be calculated each year based upon
194	194	additional service accrued from July 1 to Ju ne 30 of the previous
195	195	year and the additional benefits, if any, will be added to the
196	196	retiree's monthly benefit beginning January 1 of the year after the
197	197	retiree terminates the post -retirement employment and begin s to
198	198	receive a benefit. However, the post -retirement service credit
199	199	shall be cumulative, beginning with service credit accrued after the
200	200	date of retirement, provided that the retiree has not received a
201	201	distribution of the post -retirement contributions. A ll post-
202	202	retirement additional benefits shall be calculated using actual
203	203	hours worked as well as the actual compensation received and upon
204	204	which contributions are paid. Post -retirement service is not
205	205	subject to the partial year round -up provisions of subse ction A of
206	206	this section, and only full years of service will result in an
207	207	increase in a retiree's benefit.
208	208	2. Any retiree who returns to employment with a participating
209	209	employer for a minimum period of thirty -six (36) consecutive months,
210	210	shall have all service accumulated from date of reemployment counted
211	211	as participating service. For purpos es of determining the RBH No. 9364
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238	238	retirement benefits of such a member upon the termination of such
239	239	reemployment, all creditable service of the member shall be computed
240	240	based on the benefit formula applicable at the time of termination
241	241	of such reemployment. A retiree who is not reemployed for the full
242	242	thirty-six (36) consecutive months shall upon termination of such
243	243	reemployment have only the additional amount added to his or her
244	244	benefit.
245	245	3. The provisions of this section shall not be applicable to
246	246	Section 1104B of this title.
247	247	E. Any Justice of the Oklahoma Supreme Court whose first
248	248	participating service in The Uniform Retirement System for Justices
249	249	and Judges occurs on or after November 1, 2022, shall retire from
250	250	The Uniform Retirement System for Justices and Judges not later than
251	251	the last day of the m onth in which the Justice attains the age of
252	252	seventy-five (75) years.
253	253	SECTION 2. This act shall become effective November 1, 2022.
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255	255	58-2-9364 CMA 01/17/22
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257	257	THOMAS E. CUMMINS CONSULTING ACTUARY, INC.
258	258	2512 E. 71
259	259	st
260	260	Street , Suite D ∙ Tulsa, Oklahoma 74136 (918) 492-9658 ∙ (918) 492- 9659
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265	265	January 18, 2022
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269	269	Representative Crosswhite Hader
270	270	Room 3322
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273	273	Re: RBH No. 9364
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276	276	RBH No. 9364 would require Supreme Court Justices wh o first serve in
277	277	the URSJJ after 11/1/2022 to retire at age 75.
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279	279	This bill is a fiscal bill under OPLAAA. The longer a participant
280	280	remains as an active participant and not in pay status the lower the
281	281	liability to the system.
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283	283	I am a member of the American Academy of Actuaries and meet the
284	284	Qualification Standards of the American Academy of Actuaries to
285	285	render the actuarial opinion herein.
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287	287
288	288	Thomas E. Cummins
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290	290	Thomas E. Cummins, MAAA
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Oklahoma 2022 Regular Session

Oklahoma House Bill HB3879 Compare Versions