40 | | - | [ public retirement system s - Oklahoma Pension |
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41 | | - | Legislation Actuarial Analysis Act - modifying |
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| 48 | + | |
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| 49 | + | COMMITTEE SUBSTITUTE |
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| 50 | + | |
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| 51 | + | An Act relating to public retirement system s; |
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| 52 | + | amending 62 O.S. 2021, Section 3103, which relates to |
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| 53 | + | the Oklahoma Pension Legislation Actuarial Analysis |
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| 54 | + | Act; modifying definition; amending 74 O.S. 2021, |
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| 55 | + | Section 914, which relates to ret irement; modifying |
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85 | 101 | | 2. "RB number" means that number preced ed by the letters "RB" |
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86 | 102 | | assigned to a retirement bill by the respective staffs of the |
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87 | 103 | | Oklahoma State Senate and the Oklahoma House of Representatives when |
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88 | 104 | | the respective staff office prepares a retirement bill for a member |
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89 | 105 | | of the Legislature; |
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90 | 106 | | 3. "Legislative Actuary" means the firm or entit y that enters |
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91 | 107 | | into a contract with the Legislative Service Bureau pursuant to |
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92 | 108 | | Section 452.15 of Title 74 of the Oklahoma Statutes to provide the |
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93 | 109 | | actuarial services and other duties provided for in the Oklahoma |
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94 | 110 | | Pension Legislation Actuarial Analysis Act; |
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95 | 111 | | 4. "Nonfiscal amendment" means an amendment to a retirement |
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96 | 112 | | bill having a fiscal impact, which amendment does not change any |
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97 | 113 | | factor of an actuarial investigation specified in subsection A of |
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98 | 114 | | Section 3109 of this title; |
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99 | 115 | | 5. "Nonfiscal retirement bill " means a retirement bill: |
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100 | 116 | | a. which does not affect the cost or funding factors of a |
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101 | 117 | | retirement system, |
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102 | 118 | | b. which affects such factors only in a manner which does |
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135 | 152 | | (3) increase the normal cost of the retirement system |
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136 | 153 | | affected by the bill, |
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137 | 154 | | c. which authorizes the purchase by an active member of |
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138 | 155 | | the retirement system, at the actuarial cost for the |
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139 | 156 | | purchase as computed pursuant to the statute in effect |
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140 | 157 | | on the effective date of the measure allowing such |
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141 | 158 | | purchase, of years of service for purposes of reaching |
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142 | 159 | | a normal retirement date in the applicable r etirement |
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143 | 160 | | system, but which cannot be used in order to compute |
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144 | 161 | | the number of years o f service for purposes of |
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145 | 162 | | computing the retirement benefit for the member, |
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146 | 163 | | d. which provides for the computation of a service - |
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147 | 164 | | connected disability retirement benefit for me mbers of |
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148 | 165 | | the Oklahoma Law Enforcement Retirement System |
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149 | 166 | | pursuant to Section 2-305 of Title 47 of the Oklahoma |
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150 | 167 | | Statutes if the members were unable to complete twenty |
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151 | 168 | | (20) years of service as a result of the disability, |
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152 | 169 | | e. which requires membership in the de fined benefit plan |
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185 | 203 | | f. which provides for a one-time increase in retirement |
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186 | 204 | | benefits if the increase in retirement benefits is not |
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187 | 205 | | a permanent increase in the gross annual retirement |
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188 | 206 | | benefit payable to a member or beneficiary, occurs |
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189 | 207 | | only once pursuant to a si ngle statutory authorization |
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190 | 208 | | and does not exceed: |
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191 | 209 | | (1) the lesser of two percent (2%) of the gross |
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192 | 210 | | annual retirement benefit of the member or One |
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193 | 211 | | Thousand Dollars ($1,000.00) and requires that |
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194 | 212 | | the benefit may only be provided if the funded |
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195 | 213 | | ratio of the affected retirement system would not |
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196 | 214 | | be less than sixty percent (60%) but not greater |
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197 | 215 | | than eighty percent (80%) after the benefit |
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198 | 216 | | increase is paid, |
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199 | 217 | | (2) the lesser of two percent (2%) of the gross |
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200 | 218 | | annual retirement benefit of the member or One |
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201 | 219 | | Thousand Two Hundred Dollars ($1,200.00) and |
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202 | 220 | | requires that the benefit may on ly be provided if |
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235 | 254 | | Thousand Four Hundred Dollars ($1,400.00) and |
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236 | 255 | | requires that the benefit may only be provided if |
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237 | 256 | | the funded ratio of the affected retireme nt |
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238 | 257 | | system would be great er than one hundred percent |
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239 | 258 | | (100%) after the benefit increas e is paid, or |
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240 | 259 | | (4) the greater of two percent (2%) of the gross |
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241 | 260 | | annual retirement benefit of the volunteer |
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242 | 261 | | firefighter or One Hundred Doll ars ($100.00) for |
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243 | 262 | | persons who retired from the Oklahoma |
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244 | 263 | | Firefighters Pension and Retirement System as |
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245 | 264 | | volunteer firefighters and who did not retire |
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246 | 265 | | from the Oklahoma Firefighters Pension and |
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247 | 266 | | Retirement System as a paid firefighter. |
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248 | 267 | | As used in this subparag raph, "funded ratio" means the |
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249 | 268 | | figure derived by dividing t he actuarial value of |
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250 | 269 | | assets of the applicable retirement sy stem by the |
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251 | 270 | | actuarial accrued liability of the applicable |
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283 | 303 | | h. which provides a cost-of-living benefit increase |
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284 | 304 | | pursuant to the provisions of Sections 2 through 7 of |
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285 | 305 | | this act, or |
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286 | 306 | | i. which modifies the provisions related to post- |
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287 | 307 | | retirement employment for the Oklahoma Public |
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288 | 308 | | Employees Retirement System as provided by Sect ion 2 |
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289 | 309 | | of this act. |
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290 | 310 | | A nonfiscal retirement bill shall include any retirement bill that |
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291 | 311 | | has as its sole purpose the appropriat ion or distribution or |
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292 | 312 | | redistribution of monies in some manner to a retirement system for |
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293 | 313 | | purposes of reducing the unfunded liabilit y of such system or the |
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294 | 314 | | earmarking of a portion of the revenue from a tax to a retirement |
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295 | 315 | | system or increasing the percentag e of the revenue earmarked fr om a |
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296 | 316 | | tax to a retirement system; |
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297 | 317 | | 6. "Reduction-in-cost amendment" means an amendment to a |
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298 | 318 | | retirement bill having a fiscal imp act which reduces the cost of the |
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299 | 319 | | bill as such cost is determined by the ac tuarial investigation for |
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300 | 320 | | the bill prepared pursuant t o Section 3109 of this title; |
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301 | 321 | | 7. "Retirement bill" means any bill or joint resolution |
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332 | 353 | | which a portion of the revenue ge nerated from such tax is earmarked |
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333 | 354 | | for the benefit of a retirement system; |
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334 | 355 | | 8. "Retirement bill having a fiscal impact " means any |
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335 | 356 | | retirement bill creating or establishing a retirement system and any |
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336 | 357 | | other retirement bill other than a nonfiscal retirement b ill; and |
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337 | 358 | | 9. "Retirement system" means the Teachers' Retirement System of |
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338 | 359 | | Oklahoma, the Oklahoma Public Employees Retir ement System, the |
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339 | 360 | | Uniform Retirement System for Justices and Judges, the Oklahoma |
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340 | 361 | | Firefighters Pension and Retirem ent System, the Oklahom a Police |
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341 | 362 | | Pension and Retirement System, the Oklahoma Law Enforcement |
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342 | 363 | | Retirement System, or a retirement system establis hed after January |
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343 | 364 | | 1, 2006. |
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344 | 365 | | SECTION 2. AMENDATORY 74 O.S. 2021, Section 914, is |
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345 | 366 | | amended to read as follows: |
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346 | 367 | | Section 914. A. The normal retirement date for a member of the |
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347 | 368 | | Oklahoma Public Employees Retirem ent System shall be as defined in |
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348 | 369 | | Section 902 of this title, provided members employed on o r after |
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349 | 370 | | January 1, 1983, shall have six (6) or m ore years of full-time- |
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350 | 371 | | equivalent employment with a participating employer before receiving |
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351 | 372 | | any retirement benefits o r if the member is a legislative session |
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382 | 404 | | entry date of the participating employer by whom he or she is |
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383 | 405 | | employed. |
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384 | 406 | | B. A member may be employed beyond the normal retirement date |
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385 | 407 | | by the appointing authority of the participating employer. However, |
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386 | 408 | | the member may not receive retirement pay so long as the member |
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387 | 409 | | continues employment under this act. Any member who has terminated |
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388 | 410 | | employment with a participating employer prior to the month |
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389 | 411 | | immediately preceding said member 's normal retirement date must |
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390 | 412 | | elect a vested benefit pursuant to Section 917 of thi s title before |
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391 | 413 | | receiving any retirement be nefits. |
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392 | 414 | | C. Notice for retirement shall be filed through the retirement |
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393 | 415 | | coordinator for the participating employer in such form and manner |
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394 | 416 | | as the Board shall prescri be; provided, that such notice for |
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395 | 417 | | retirement shall be filed with the office of the retirem ent system |
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396 | 418 | | at least sixty (60) days prior to the date selected for the member's |
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397 | 419 | | retirement; provided further, that the Executive Director may waive |
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398 | 420 | | the sixty-day notice for good cause shown as defined by the Board. |
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399 | 421 | | 1. The participating employer shall prov ide the System with the |
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400 | 422 | | following information fo r a retiring member, no later than the |
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401 | 423 | | fifteenth day of the month of retirement: last day physically on |
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432 | 455 | | participating employer. In cases where the error results in |
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433 | 456 | | disqualification of retirement eligibility, i t is the participating |
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434 | 457 | | employer's responsibility to reemploy the member, or retain the |
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435 | 458 | | member on the payroll, for time period required to reach |
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436 | 459 | | eligibility, not exce eding two (2) months. |
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437 | 460 | | D. No retirement benefits shall be payable to any member until |
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438 | 461 | | the first day of the month following the termination of the member's |
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439 | 462 | | employment with any participating employer. The type of retirement |
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440 | 463 | | benefit selected by a member may not be changed on or after the |
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441 | 464 | | effective date of the member's retirement. Receipt of worke rs' |
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442 | 465 | | compensation benefits shall in no respect di squalify the retiree for |
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443 | 466 | | benefits. |
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444 | 467 | | E. If a retiree should be elected or appointed to any position |
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445 | 468 | | or office for which compensation for service is paid from levies or |
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446 | 469 | | taxes imposed by the state or any politic al subdivision thereof, the |
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447 | 470 | | retiree shall not receive any retirement benefit for any month for |
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448 | 471 | | which the retiree serves in such position or office after the |
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449 | 472 | | retiree has received compensation in a sum equal to the amount |
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450 | 473 | | allowable as wages or earnings by t he Social Security Administration |
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451 | 474 | | in any calendar year. This subsection shall not apply to service |
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452 | | - | rendered by a retiree as a juror, as a witness in a ny legal |
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453 | | - | proceeding or action, as an election board judge or cl erk, or in any |
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454 | | - | other office or position of a similar nature, or to an employer that |
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455 | | - | is not a participating employer. Provided, further, that any RBH No. 10813 |
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| 475 | + | rendered by a retiree as a juror, as a witness in any legal RBH No. 10813 |
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482 | 506 | | participating employer who is employing such a retiree shall make |
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483 | 507 | | proper written notification to the System in forming it of the |
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484 | 508 | | beginning date of such r etiree's employment and the date such |
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485 | 509 | | retiree reaches the maximum compensation allowed by this section in |
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486 | 510 | | the calendar year. Any retiree returning to work for a |
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487 | 511 | | participating employer shall make contributions to t he System and |
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488 | 512 | | the employer shall do likewi se. All retirees who have returned to |
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489 | 513 | | employment and participation in the System following retirement |
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490 | 514 | | shall have post-retirement benefits calculated on one of the |
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491 | 515 | | following methods: |
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492 | 516 | | 1. All service accumulated fro m date of reemployment shall be |
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493 | 517 | | computed based on the benefit formula applicable at that t ime and |
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494 | 518 | | the additional benefits shall be added to the previous benefits. |
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495 | 519 | | Such additional benefits shall be calculate d each year based upon |
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496 | 520 | | additional service accrued from July 1 to June 30 of the previous |
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497 | 521 | | year and the additional benefit, if any, will be a dded to the |
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498 | 522 | | retiree's monthly benefit beginning January 1, 2000, and each |
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499 | 523 | | January 1 thereafter. However, the post -retirement service credit |
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500 | 524 | | shall be cumulative, begi nning with service credit accrued after th e |
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501 | 525 | | date of retirement, provided that the retiree has not received a |
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532 | 557 | | minimum period of thirty-six (36) consecutive months, all service |
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533 | 558 | | accumulated from date of reemployment sh all be participating |
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534 | 559 | | service. For purposes of de termining the retirement benefits of |
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535 | 560 | | such a member upon the termination of such reemployme nt all |
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536 | 561 | | creditable service of the member shall be computed based on the |
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537 | 562 | | benefit formula applicable at the time of term ination of such |
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538 | 563 | | reemployment. Provided, a retire e who became reemployed prior to |
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539 | 564 | | July 1, 1982, and who is reemployed for a minimum of thir ty-six (36) |
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540 | 565 | | consecutive months shall have all the creditable service of such |
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541 | 566 | | retiree computed based on the benefit fo rmula applicable at the time |
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542 | 567 | | of termination of su ch reemployment if the retiree elects not to |
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543 | 568 | | receive retirement benefits prior to such ter mination of |
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544 | 569 | | reemployment. A retiree who has waived receipt of the monthly |
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545 | 570 | | benefit, but is not reemployed for the ful l thirty-six (36) |
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546 | 571 | | consecutive months, shall upon termination of such reemployment have |
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547 | 572 | | only the additional amount added to his or her benef it as if they |
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548 | 573 | | had not waived the benefit as provided in paragraph 1 of this |
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549 | 574 | | subsection. |
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550 | 575 | | 3. All post-retirement additional benefits shall be calculated |
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551 | 576 | | using actual hours worked as well as the actual compensa tion |
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581 | 607 | | 4. A retired member who returns to work for a participating |
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582 | 608 | | employer pursuant to this section shall be bound by the election |
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583 | 609 | | made pursuant to paragraph (2) of subsection A of Section 915 of |
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584 | 610 | | this title if the member had made such election pri or to retirement. |
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585 | 611 | | If the member had not made suc h election prior to retirement, the |
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586 | 612 | | member may do so during the member's reemployment with a |
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587 | 613 | | participating employer pursuant to this section. A retired member |
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588 | 614 | | may not be rehired by their former employer, no r may the retired |
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589 | 615 | | member be permitted to enter in to an employment contract of any kind |
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590 | 616 | | with a former employer, for a period of one (1) year six (6) months |
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591 | 617 | | after the retired member ended his or her employment with the former |
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592 | 618 | | employer unless the retired memb er waives his or her benefit under |
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593 | 619 | | paragraph 2 of this subsection and returns as a bona fid e employee. |
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594 | 620 | | F. Except as otherwise provided by subsection G of this |
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595 | 621 | | section, any member may elect to retire before his or her normal |
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596 | 622 | | retirement date on the first da y of any month coinciding with or |
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597 | 623 | | following the attainment of age fifty -five (55), provided such |
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598 | 624 | | member has completed ten (10) years of participating service, but in |
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599 | 625 | | no event before six (6) months after the entry date. Any member who |
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600 | 626 | | shall retire before t he normal retirement date shall receive an |
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601 | 627 | | annual retirement benefit adjusted in accordance with the following |
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631 | 658 | | 62 100.00% |
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632 | 659 | | 61 93.33% |
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633 | 660 | | 60 86.67% |
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634 | 661 | | 59 80.00% |
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635 | 662 | | 58 73.33% |
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636 | 663 | | 57 66.67% |
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637 | 664 | | 56 63.33% |
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638 | 665 | | 55 60.00% |
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639 | 666 | | G. Any member whose first participating serv ice occurs on or |
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640 | 667 | | after November 1, 2011, m ay elect to retire before his or her normal |
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641 | 668 | | retirement date on the firs t day of any month coinciding with or |
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642 | 669 | | following the attainment of age sixty (60), provided suc h member has |
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643 | 670 | | completed ten (10) years of particip ating service, but in no event |
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644 | 671 | | before six (6) months after the entry dat e. Any member who shall |
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645 | 672 | | retire before the normal retirement date shall receive an annual |
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646 | 673 | | retirement benefit adjusted in accordance wit h the following |
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647 | 674 | | percentage schedule: |
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648 | 675 | | Percentage of Normal |
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649 | 676 | | Age Retirement Benefit |
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650 | 677 | | 65 100.00% |
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651 | 678 | | 64 93.33% |
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681 | 709 | | 60 66.67% |
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682 | 710 | | SECTION 3. If the Emergency Clause is not approved pursuan t to |
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683 | 711 | | the requirements of the Oklahoma Constitution as part of this |
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684 | 712 | | measure, the effective date of Section 1 o f this act shall be |
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685 | 713 | | October 1, 2022. |
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686 | 714 | | SECTION 4. If the Emergency Clause is not approved pursuant to |
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687 | 715 | | the requirements of the Okla homa Constitution as part of this |
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688 | 716 | | measure, the effective date of Section 2 of this act shall be |
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689 | 717 | | November 1, 2022. |
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690 | 718 | | SECTION 5. Except as otherwise provided by Se ction 3 of this |
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691 | 719 | | act, Section 1 of this act shall become effective immediately up on |
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692 | 720 | | signature by the Governor or as otherwise provided by Section 58 of |
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693 | 721 | | Article V of the Oklahoma Constitution. |
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694 | 722 | | SECTION 6. Except as otherwise provided by Secti on 4 of this |
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695 | 723 | | act, Section 2 of this act shall become effective July 1, 202 2. |
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696 | 724 | | SECTION 7. It being immediately necessary for the preservation |
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697 | 725 | | of the public peace, health or safety, an emergency is hereby |
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698 | 726 | | declared to exist, by reason whereof this act shall take effe ct and |
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701 | | - | ENGR. H. B. NO. 4123 Page 15 1 |
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725 | | - | |
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726 | | - | Passed the House of Representatives the 14th day of March, 2022. |
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727 | | - | |
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728 | | - | |
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729 | | - | |
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730 | | - | |
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731 | | - | Presiding Officer of the House |
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732 | | - | of Representatives |
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733 | | - | |
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734 | | - | |
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735 | | - | Passed the Senate the ___ day of __________, 2022. |
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736 | | - | |
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737 | | - | |
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738 | | - | |
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739 | | - | |
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740 | | - | Presiding Officer of the Senate |
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| 729 | + | COMMITTEE REPORT BY: COMMITTEE ON COUNTY AND MUNICIPAL GOVERNMENT, |
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| 730 | + | dated 03/02/2022 - DO PASS, As Amended and Coauthore d. |
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