RBH No. 9364
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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3879 By: Crosswhite Hader
AS INTRODUCED
An Act relating to public retirement systems;
amending 20 O.S. 2021, Section 1102, which relates to
The Uniform Retirement System for Justices and
Judges; requiring certain Justices to retire in
certain circumstances ; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 20 O.S. 2021, Secti on 1102, is
amended to read as follows:
Section 1102. A. Any Justice or Judge of the Supreme Court,
Court of Criminal Appeals, Workers ' Compensation Court, Court of
Appeals or District Court who serves as Just ice or judge of any of
said courts in the Sta te of Oklahoma shall be a member of The
Uniform Retirement System for Justices and Judges . For members
whose initial service as a member of the System began prior to
January 1, 2012, such member who serves for a period of eight (8)
years or longer and upo n reaching or passing the age of sixty -five
(65) years, or who serves for a period of ten (10) years or longer
and upon reaching or passing the age of sixty (60) years , or whose RBH No. 9364
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sum of years of service and age e qual or exceeds eighty (80), after
completing eight (8) years of judicial service, shall be eligible to
receive the retirement benefits herein provided. For members whose
initial service as a member of the Syste m began on or after January
1, 2012, such member who serves for a period of eight (8) yea rs or
longer and upon reaching or passing the age of sixty -seven (67)
years or who serves for a period of ten (10) years or longer and
upon reaching or passing the age of sixty-two (62) years shall be
eligible to receive the retirement benefits herein prov ided. In
determining the periods of time above mentioned a major fraction of
a year shall count as a whole year. If such Justice or judge is
still serving in such ca pacity when the above requirements are
complied with, the Justice or judge may elect to r etire and may
elect whether such retirement shall become effective immediately or
at a specified time within the term of the Justice or judge or at
the expiration of the term of the Justice or judge. The Justic e or
judge shall file a written declaration w ith the System and the Court
Administrator of his or her desire to retire. The Court
Administrator shall notify the Governor within five (5) business
days of receiving the Notice of Retirement.
B. Upon filing of an election by any Justice or judge to ret ire
as authorized by Section 1101 et seq. of this title, the office held
by such Justice or judge shall become vacated immediately or at the
specified time within the term of the Justice or judge, or at the RBH No. 9364
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expiration of the term of the Justice or judge in accordance with
the election of the Justice or judge desiring retirement status.
Any such vacancy so created shall be filled in the manner provided
by law and the Constitution.
C. If any retired member of the System should be elected or
appointed to any judicial or other office covered by the System, the
retirement compensation of the retired member shall be suspended
during the period of time that the retired member holds such office
and be reinstated upon le aving such office. Notwithstanding any
other provision of this section or any other provision of law to the
contrary, a retired Justice or judge shall be permitted to be
employed by any college or university wit hin The Oklahoma State
System of Higher Educ ation as a full-time or part-time member of the
faculty or as a teacher in any common school or career and
technology education entity without suspension of retirement
benefits.
D. Any participating employer who is employing such a retiree
as described in subsection C of this section shall make prop er
written notification to the System informing it of the beginning
date of such retiree 's employment. Any retiree returning to work
for a participating employer shal l make contributions to the System
and the employer shall do likewise. All retirees who have returned
to employment and participation in the System following retirement RBH No. 9364
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shall have post-retirement benefits calculated on one of the
following methods:
1. All service accumulated from date of reemploym ent shall be
computed based on the benefit fo rmula applicable at that time, and
the additional benefits shall be added to the previous benefits.
Such additional benefits shall be calculated each year based upon
additional service accrued from July 1 to Ju ne 30 of the previous
year and the additional benefits, if any, will be added to the
retiree's monthly benefit beginning January 1 of the year after the
retiree terminates the post -retirement employment and begin s to
receive a benefit. However, the post -retirement service credit
shall be cumulative, beginning with service credit accrued after the
date of retirement, provided that the retiree has not received a
distribution of the post -retirement contributions. A ll post-
retirement additional benefits shall be calculated using actual
hours worked as well as the actual compensation received and upon
which contributions are paid. Post -retirement service is not
subject to the partial year round -up provisions of subse ction A of
this section, and only full years of service will result in an
increase in a retiree's benefit.
2. Any retiree who returns to employment with a participating
employer for a minimum period of thirty -six (36) consecutive months,
shall have all service accumulated from date of reemployment counted
as participating service. For purpos es of determining the RBH No. 9364
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retirement benefits of such a member upon the termination of such
reemployment, all creditable service of the member shall be computed
based on the benefit formula applicable at the time of termination
of such reemployment. A retiree who is not reemployed for the full
thirty-six (36) consecutive months shall upon termination of such
reemployment have only the additional amount added to his or her
benefit.
3. The provisions of this section shall not be applicable to
Section 1104B of this title.
E. Any Justice of the Oklahoma Supreme Court whose first
participating service in The Uniform Retirement System for Justices
and Judges occurs on or after November 1, 2022, shall retire from
The Uniform Retirement System for Justices and Judges not later than
the last day of the m onth in which the Justice attains the age of
seventy-five (75) years.
SECTION 2. This act shall become effective November 1, 2022.
58-2-9364 CMA 01/17/22
THOMAS E. CUMMINS CONSULTING ACTUARY, INC.
2512 E. 71
st
Street , Suite D ∙ Tulsa, Oklahoma 74136 (918) 492-9658 ∙ (918) 492- 9659
January 18, 2022
Representative Crosswhite Hader
Room 3322
Re: RBH No. 9364
RBH No. 9364 would require Supreme Court Justices wh o first serve in
the URSJJ after 11/1/2022 to retire at age 75.
This bill is a fiscal bill under OPLAAA. The longer a participant
remains as an active participant and not in pay status the lower the
liability to the system.
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