Oklahoma 2022 Regular Session

Oklahoma House Bill HB4123 Compare Versions

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11 RBH No. 10813
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3-ENGR. H. B. NO. 4123 Page 1 1
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28-ENGROSSED HOUSE
29-BILL NO. 4123 By: Frix of the House
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
30+
31+STATE OF OKLAHOMA
32+
33+2nd Session of the 58th Legislature (2022)
34+
35+COMMITTEE SUBSTITUTE
36+FOR
37+HOUSE BILL NO. 4123 By: Frix of the House
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3139 and
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3341 Stanley of the Senate
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40-[ public retirement system s - Oklahoma Pension
41-Legislation Actuarial Analysis Act - modifying
48+
49+COMMITTEE SUBSTITUTE
50+
51+An Act relating to public retirement system s;
52+amending 62 O.S. 2021, Section 3103, which relates to
53+the Oklahoma Pension Legislation Actuarial Analysis
54+Act; modifying definition; amending 74 O.S. 2021,
55+Section 914, which relates to ret irement; modifying
4256 period of time required with respect to post-
43-retirement employment - contingent effective
44-dates –
45- emergency ]
57+retirement employment; providing effective dates;
58+providing for contingent effective dates based on
59+outcome of approval of the emergency clause; and
60+declaring an emergency .
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5065 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
5166 SECTION 1. AMENDATORY 62 O.S. 2021, Section 3103 , is
5267 amended to read as follows:
5368 Section 3103. As used in the Oklahoma Pension Legislation
54-Actuarial Analysis Act:
55-1. "Amendment" means any amendment, including a su bstitute
56-bill, made to a retirement bill by any commi ttee of the House or
57-Senate, any conference committee of the House or Senate or by the
58-House or Senate; RBH No. 10813
69+Actuarial Analysis Act: RBH No. 10813
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97+1. "Amendment" means any amendment, including a su bstitute
98+bill, made to a retirement bill by any commi ttee of the House or
99+Senate, any conference committee of the House or Senate or by the
100+House or Senate;
85101 2. "RB number" means that number preced ed by the letters "RB"
86102 assigned to a retirement bill by the respective staffs of the
87103 Oklahoma State Senate and the Oklahoma House of Representatives when
88104 the respective staff office prepares a retirement bill for a member
89105 of the Legislature;
90106 3. "Legislative Actuary" means the firm or entit y that enters
91107 into a contract with the Legislative Service Bureau pursuant to
92108 Section 452.15 of Title 74 of the Oklahoma Statutes to provide the
93109 actuarial services and other duties provided for in the Oklahoma
94110 Pension Legislation Actuarial Analysis Act;
95111 4. "Nonfiscal amendment" means an amendment to a retirement
96112 bill having a fiscal impact, which amendment does not change any
97113 factor of an actuarial investigation specified in subsection A of
98114 Section 3109 of this title;
99115 5. "Nonfiscal retirement bill " means a retirement bill:
100116 a. which does not affect the cost or funding factors of a
101117 retirement system,
102118 b. which affects such factors only in a manner which does
103-not:
104-(1) grant a benefit increase under the retirement
105-system affected by the bill,
106-(2) create an actuarial accrued liability for or
107-increase the actuarial accrued liab ility of the
108-retirement system affected by the bill, or RBH No. 10813
119+not: RBH No. 10813
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147+(1) grant a benefit increase under the retirement
148+system affected by the bill,
149+(2) create an actuarial accrued liability for or
150+increase the actuarial accrued liab ility of the
151+retirement system affected by the bill, or
135152 (3) increase the normal cost of the retirement system
136153 affected by the bill,
137154 c. which authorizes the purchase by an active member of
138155 the retirement system, at the actuarial cost for the
139156 purchase as computed pursuant to the statute in effect
140157 on the effective date of the measure allowing such
141158 purchase, of years of service for purposes of reaching
142159 a normal retirement date in the applicable r etirement
143160 system, but which cannot be used in order to compute
144161 the number of years o f service for purposes of
145162 computing the retirement benefit for the member,
146163 d. which provides for the computation of a service -
147164 connected disability retirement benefit for me mbers of
148165 the Oklahoma Law Enforcement Retirement System
149166 pursuant to Section 2-305 of Title 47 of the Oklahoma
150167 Statutes if the members were unable to complete twenty
151168 (20) years of service as a result of the disability,
152169 e. which requires membership in the de fined benefit plan
153-authorized by Section 901 et seq. of Title 74 of the
154-Oklahoma Statutes for persons whose first elected or
155-appointed service occurs on or after November 1, 2018,
156-if such persons had any prior service in the Oklahoma
157-Public Employees Retir ement System prior to No vember
158-1, 2015, RBH No. 10813
170+authorized by Section 901 et seq. of Title 74 of the RBH No. 10813
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198+Oklahoma Statutes for persons whose first elected or
199+appointed service occurs on or after November 1, 2018,
200+if such persons had any prior service in the Oklahoma
201+Public Employees Retir ement System prior to No vember
202+1, 2015,
185203 f. which provides for a one-time increase in retirement
186204 benefits if the increase in retirement benefits is not
187205 a permanent increase in the gross annual retirement
188206 benefit payable to a member or beneficiary, occurs
189207 only once pursuant to a si ngle statutory authorization
190208 and does not exceed:
191209 (1) the lesser of two percent (2%) of the gross
192210 annual retirement benefit of the member or One
193211 Thousand Dollars ($1,000.00) and requires that
194212 the benefit may only be provided if the funded
195213 ratio of the affected retirement system would not
196214 be less than sixty percent (60%) but not greater
197215 than eighty percent (80%) after the benefit
198216 increase is paid,
199217 (2) the lesser of two percent (2%) of the gross
200218 annual retirement benefit of the member or One
201219 Thousand Two Hundred Dollars ($1,200.00) and
202220 requires that the benefit may on ly be provided if
203-the funded ratio of the affected retirement
204-system would be greater than eighty percent (80 %)
205-but not greater than one hundred percent (100%)
206-after the benefit increase is paid,
207-(3) the lesser of two percent (2%) of the gross
208-annual retirement benefit of the member or One RBH No. 10813
221+the funded ratio of the affected retirement RBH No. 10813
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249+system would be greater than eighty percent (80%)
250+but not greater than one hundred percent (100%)
251+after the benefit increase is paid,
252+(3) the lesser of two percent (2%) of the gross
253+annual retirement benefit of the member or One
235254 Thousand Four Hundred Dollars ($1,400.00) and
236255 requires that the benefit may only be provided if
237256 the funded ratio of the affected retireme nt
238257 system would be great er than one hundred percent
239258 (100%) after the benefit increas e is paid, or
240259 (4) the greater of two percent (2%) of the gross
241260 annual retirement benefit of the volunteer
242261 firefighter or One Hundred Doll ars ($100.00) for
243262 persons who retired from the Oklahoma
244263 Firefighters Pension and Retirement System as
245264 volunteer firefighters and who did not retire
246265 from the Oklahoma Firefighters Pension and
247266 Retirement System as a paid firefighter.
248267 As used in this subparag raph, "funded ratio" means the
249268 figure derived by dividing t he actuarial value of
250269 assets of the applicable retirement sy stem by the
251270 actuarial accrued liability of the applicable
252-retirement system,
253-g. which modifies the disability pension standard for
254-police officers who are members of the Ok lahoma Police
255-Pension and Retirement System as provided by Section 3
256-of this act, or RBH No. 10813
271+retirement system, RBH No. 10813
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299+g. which modifies the disability pension standard for
300+police officers who are members of the Ok lahoma Police
301+Pension and Retirement System as provided by Section 3
302+of this act, or
283303 h. which provides a cost-of-living benefit increase
284304 pursuant to the provisions of Sections 2 through 7 of
285305 this act, or
286306 i. which modifies the provisions related to post-
287307 retirement employment for the Oklahoma Public
288308 Employees Retirement System as provided by Sect ion 2
289309 of this act.
290310 A nonfiscal retirement bill shall include any retirement bill that
291311 has as its sole purpose the appropriat ion or distribution or
292312 redistribution of monies in some manner to a retirement system for
293313 purposes of reducing the unfunded liabilit y of such system or the
294314 earmarking of a portion of the revenue from a tax to a retirement
295315 system or increasing the percentag e of the revenue earmarked fr om a
296316 tax to a retirement system;
297317 6. "Reduction-in-cost amendment" means an amendment to a
298318 retirement bill having a fiscal imp act which reduces the cost of the
299319 bill as such cost is determined by the ac tuarial investigation for
300320 the bill prepared pursuant t o Section 3109 of this title;
301321 7. "Retirement bill" means any bill or joint resolution
302-introduced or any bill or joint resoluti on amended by a member of
303-the Oklahoma Legislature which creates or amends any law directly
304-affecting a retirement system. A re tirement bill shall not mean a
305-bill or resolution that impacts the revenue of any state tax in RBH No. 10813
322+introduced or any bill or joint resoluti on amended by a member of RBH No. 10813
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350+the Oklahoma Legislature which creates or amends any law directly
351+affecting a retirement system. A re tirement bill shall not mean a
352+bill or resolution that impacts the revenue of any state tax in
332353 which a portion of the revenue ge nerated from such tax is earmarked
333354 for the benefit of a retirement system;
334355 8. "Retirement bill having a fiscal impact " means any
335356 retirement bill creating or establishing a retirement system and any
336357 other retirement bill other than a nonfiscal retirement b ill; and
337358 9. "Retirement system" means the Teachers' Retirement System of
338359 Oklahoma, the Oklahoma Public Employees Retir ement System, the
339360 Uniform Retirement System for Justices and Judges, the Oklahoma
340361 Firefighters Pension and Retirem ent System, the Oklahom a Police
341362 Pension and Retirement System, the Oklahoma Law Enforcement
342363 Retirement System, or a retirement system establis hed after January
343364 1, 2006.
344365 SECTION 2. AMENDATORY 74 O.S. 2021, Section 914, is
345366 amended to read as follows:
346367 Section 914. A. The normal retirement date for a member of the
347368 Oklahoma Public Employees Retirem ent System shall be as defined in
348369 Section 902 of this title, provided members employed on o r after
349370 January 1, 1983, shall have six (6) or m ore years of full-time-
350371 equivalent employment with a participating employer before receiving
351372 any retirement benefits o r if the member is a legislative session
352-employee of the Legislature, shall have three (3) or more years of
353-full-time-equivalent employment with a participating employer before
354-receiving any retirement benefits. In no event shall a normal
355-retirement date for a member be before six (6) months after the RBH No. 10813
373+employee of the Legislature, shall have three (3) or more years of RBH No. 10813
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401+full-time-equivalent employment with a participating employer before
402+receiving any retirement benefits. In no event shall a normal
403+retirement date for a member be before six (6) months after the
382404 entry date of the participating employer by whom he or she is
383405 employed.
384406 B. A member may be employed beyond the normal retirement date
385407 by the appointing authority of the participating employer. However,
386408 the member may not receive retirement pay so long as the member
387409 continues employment under this act. Any member who has terminated
388410 employment with a participating employer prior to the month
389411 immediately preceding said member 's normal retirement date must
390412 elect a vested benefit pursuant to Section 917 of thi s title before
391413 receiving any retirement be nefits.
392414 C. Notice for retirement shall be filed through the retirement
393415 coordinator for the participating employer in such form and manner
394416 as the Board shall prescri be; provided, that such notice for
395417 retirement shall be filed with the office of the retirem ent system
396418 at least sixty (60) days prior to the date selected for the member's
397419 retirement; provided further, that the Executive Director may waive
398420 the sixty-day notice for good cause shown as defined by the Board.
399421 1. The participating employer shall prov ide the System with the
400422 following information fo r a retiring member, no later than the
401423 fifteenth day of the month of retirement: last day physically on
402-the job; last day on payroll; and fi nal unused sick leave bal ance.
403-2. Failure to submit this informati on by the deadline, or
404-errors in submitted infor mation that result in a disqualification of
405-retirement eligibility shall be the responsibility of the RBH No. 10813
424+the job; last day on payroll; and fi nal unused sick leave bal ance. RBH No. 10813
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452+2. Failure to submit this informati on by the deadline, or
453+errors in submitted infor mation that result in a disqualification of
454+retirement eligibility shall be the responsibility of the
432455 participating employer. In cases where the error results in
433456 disqualification of retirement eligibility, i t is the participating
434457 employer's responsibility to reemploy the member, or retain the
435458 member on the payroll, for time period required to reach
436459 eligibility, not exce eding two (2) months.
437460 D. No retirement benefits shall be payable to any member until
438461 the first day of the month following the termination of the member's
439462 employment with any participating employer. The type of retirement
440463 benefit selected by a member may not be changed on or after the
441464 effective date of the member's retirement. Receipt of worke rs'
442465 compensation benefits shall in no respect di squalify the retiree for
443466 benefits.
444467 E. If a retiree should be elected or appointed to any position
445468 or office for which compensation for service is paid from levies or
446469 taxes imposed by the state or any politic al subdivision thereof, the
447470 retiree shall not receive any retirement benefit for any month for
448471 which the retiree serves in such position or office after the
449472 retiree has received compensation in a sum equal to the amount
450473 allowable as wages or earnings by t he Social Security Administration
451474 in any calendar year. This subsection shall not apply to service
452-rendered by a retiree as a juror, as a witness in a ny legal
453-proceeding or action, as an election board judge or cl erk, or in any
454-other office or position of a similar nature, or to an employer that
455-is not a participating employer. Provided, further, that any RBH No. 10813
475+rendered by a retiree as a juror, as a witness in any legal RBH No. 10813
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503+proceeding or action, as an election board judge or cl erk, or in any
504+other office or position of a similar nature, or to an employer that
505+is not a participating employer. Provided, further, that any
482506 participating employer who is employing such a retiree shall make
483507 proper written notification to the System in forming it of the
484508 beginning date of such r etiree's employment and the date such
485509 retiree reaches the maximum compensation allowed by this section in
486510 the calendar year. Any retiree returning to work for a
487511 participating employer shall make contributions to t he System and
488512 the employer shall do likewi se. All retirees who have returned to
489513 employment and participation in the System following retirement
490514 shall have post-retirement benefits calculated on one of the
491515 following methods:
492516 1. All service accumulated fro m date of reemployment shall be
493517 computed based on the benefit formula applicable at that t ime and
494518 the additional benefits shall be added to the previous benefits.
495519 Such additional benefits shall be calculate d each year based upon
496520 additional service accrued from July 1 to June 30 of the previous
497521 year and the additional benefit, if any, will be a dded to the
498522 retiree's monthly benefit beginning January 1, 2000, and each
499523 January 1 thereafter. However, the post -retirement service credit
500524 shall be cumulative, begi nning with service credit accrued after th e
501525 date of retirement, provided that the retiree has not received a
502-distribution of the post-retirement contributions.
503-2. Any retiree who returns to em ployment with a participating
504-employer may elect not to receive any retirement benefits while so
505-reemployed. If such an election is made and reemploymen t is for a RBH No. 10813
526+distribution of the post-retirement contributions. RBH No. 10813
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554+2. Any retiree who returns to employment with a participating
555+employer may elect not to receive any retirement benefits while so
556+reemployed. If such an election is made and reemploymen t is for a
532557 minimum period of thirty-six (36) consecutive months, all service
533558 accumulated from date of reemployment sh all be participating
534559 service. For purposes of de termining the retirement benefits of
535560 such a member upon the termination of such reemployme nt all
536561 creditable service of the member shall be computed based on the
537562 benefit formula applicable at the time of term ination of such
538563 reemployment. Provided, a retire e who became reemployed prior to
539564 July 1, 1982, and who is reemployed for a minimum of thir ty-six (36)
540565 consecutive months shall have all the creditable service of such
541566 retiree computed based on the benefit fo rmula applicable at the time
542567 of termination of su ch reemployment if the retiree elects not to
543568 receive retirement benefits prior to such ter mination of
544569 reemployment. A retiree who has waived receipt of the monthly
545570 benefit, but is not reemployed for the ful l thirty-six (36)
546571 consecutive months, shall upon termination of such reemployment have
547572 only the additional amount added to his or her benef it as if they
548573 had not waived the benefit as provided in paragraph 1 of this
549574 subsection.
550575 3. All post-retirement additional benefits shall be calculated
551576 using actual hours worked as well as the actual compensa tion
552-received and upon which contributions are p aid. Post-retirement
553-service is not subject to the partial year round -up provisions of
554-subsection C of Section 913 of this title. RBH No. 10813
577+received and upon which contributions are p aid. Post-retirement RBH No. 10813
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605+service is not subject to the partial year round -up provisions of
606+subsection C of Section 913 o f this title.
581607 4. A retired member who returns to work for a participating
582608 employer pursuant to this section shall be bound by the election
583609 made pursuant to paragraph (2) of subsection A of Section 915 of
584610 this title if the member had made such election pri or to retirement.
585611 If the member had not made suc h election prior to retirement, the
586612 member may do so during the member's reemployment with a
587613 participating employer pursuant to this section. A retired member
588614 may not be rehired by their former employer, no r may the retired
589615 member be permitted to enter in to an employment contract of any kind
590616 with a former employer, for a period of one (1) year six (6) months
591617 after the retired member ended his or her employment with the former
592618 employer unless the retired memb er waives his or her benefit under
593619 paragraph 2 of this subsection and returns as a bona fid e employee.
594620 F. Except as otherwise provided by subsection G of this
595621 section, any member may elect to retire before his or her normal
596622 retirement date on the first da y of any month coinciding with or
597623 following the attainment of age fifty -five (55), provided such
598624 member has completed ten (10) years of participating service, but in
599625 no event before six (6) months after the entry date. Any member who
600626 shall retire before t he normal retirement date shall receive an
601627 annual retirement benefit adjusted in accordance with the following
602-percentage schedule:
603- Percentage of Normal
604- Age Retirement Benefit RBH No. 10813
628+percentage schedule: RBH No. 10813
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656+ Percentage of Normal
657+ Age Retirement Benefit
631658 62 100.00%
632659 61 93.33%
633660 60 86.67%
634661 59 80.00%
635662 58 73.33%
636663 57 66.67%
637664 56 63.33%
638665 55 60.00%
639666 G. Any member whose first participating serv ice occurs on or
640667 after November 1, 2011, m ay elect to retire before his or her normal
641668 retirement date on the firs t day of any month coinciding with or
642669 following the attainment of age sixty (60), provided suc h member has
643670 completed ten (10) years of particip ating service, but in no event
644671 before six (6) months after the entry dat e. Any member who shall
645672 retire before the normal retirement date shall receive an annual
646673 retirement benefit adjusted in accordance wit h the following
647674 percentage schedule:
648675 Percentage of Normal
649676 Age Retirement Benefit
650677 65 100.00%
651678 64 93.33%
652-63 86.67%
653-62 80.00%
654-61 73.33% RBH No. 10813
679+63 86.67% RBH No. 10813
655680
656-ENGR. H. B. NO. 4123 Page 14 1
681+HB4123 HFLR Page 14
682+BOLD FACE denotes Committee Amendments. 1
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680706
707+62 80.00%
708+61 73.33%
681709 60 66.67%
682710 SECTION 3. If the Emergency Clause is not approved pursuan t to
683711 the requirements of the Oklahoma Constitution as part of this
684712 measure, the effective date of Section 1 o f this act shall be
685713 October 1, 2022.
686714 SECTION 4. If the Emergency Clause is not approved pursuant to
687715 the requirements of the Okla homa Constitution as part of this
688716 measure, the effective date of Section 2 of this act shall be
689717 November 1, 2022.
690718 SECTION 5. Except as otherwise provided by Se ction 3 of this
691719 act, Section 1 of this act shall become effective immediately up on
692720 signature by the Governor or as otherwise provided by Section 58 of
693721 Article V of the Oklahoma Constitution.
694722 SECTION 6. Except as otherwise provided by Secti on 4 of this
695723 act, Section 2 of this act shall become effective July 1, 202 2.
696724 SECTION 7. It being immediately necessary for the preservation
697725 of the public peace, health or safety, an emergency is hereby
698726 declared to exist, by reason whereof this act shall take effe ct and
699-be in full force from and after its passage a nd approval. RBH No. 10813
727+be in full force from and after its passage a nd approval.
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725-
726-Passed the House of Representatives the 14th day of March, 2022.
727-
728-
729-
730-
731- Presiding Officer of the House
732- of Representatives
733-
734-
735-Passed the Senate the ___ day of __________, 2022.
736-
737-
738-
739-
740- Presiding Officer of the Senate
729+COMMITTEE REPORT BY: COMMITTEE ON COUNTY AND MUNICIPAL GOVERNMENT,
730+dated 03/02/2022 - DO PASS, As Amended and Coauthore d.