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4 | - | An Act | |
5 | - | ENROLLED SENATE | |
29 | + | HOUSE OF REPRESENTATIVES - FLOOR VERSION | |
30 | + | ||
31 | + | STATE OF OKLAHOMA | |
32 | + | ||
33 | + | 2nd Session of the 58th Legislature (2022) | |
34 | + | ||
35 | + | ENGROSSED SENATE | |
6 | 36 | BILL NO. 1119 By: Garvin of the Senate | |
7 | 37 | ||
8 | 38 | and | |
9 | 39 | ||
10 | 40 | Hilbert of the House | |
11 | 41 | ||
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13 | 43 | ||
14 | 44 | ||
15 | 45 | An Act relating to teachers; amending 70 O.S. 2021, | |
16 | 46 | Section 6-122.3, which relates to alternative | |
17 | 47 | teaching certificates; removing clock -hour limitation | |
18 | 48 | for adjunct teachers; providing for inapplicability | |
19 | 49 | of certain definition; amending 70 O.S. 2021, Sectio n | |
20 | 50 | 17-101, which relates to Teachers' Retirement System | |
21 | 51 | of Oklahoma definitions; modifying certain | |
22 | 52 | definition; updating statutory reference; providing | |
23 | 53 | an effective date; and declaring an emergency. | |
24 | 54 | ||
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26 | 56 | ||
27 | - | SUBJECT: Teachers | |
28 | - | ||
29 | 57 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
30 | - | ||
31 | 58 | SECTION 1. AMENDATORY 70 O.S. 2021, Section 6-122.3, is | |
32 | 59 | amended to read as follows: | |
33 | - | ||
34 | 60 | Section 6-122.3. A. The State Board o f Education shall grant | |
35 | 61 | an alternative placem ent teaching certificate to a person who makes | |
36 | 62 | application to the Board and meets the following criteria: | |
37 | - | ||
38 | 63 | 1. a. holds at least a baccalaureate degree from an | |
39 | 64 | institution whose accreditation is recognized by the | |
40 | 65 | Oklahoma State Regents for Higher Education a nd has | |
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41 | 93 | attained a retention grade po int average of not less | |
42 | 94 | than 2.50 on a 4.0 scale, or | |
43 | - | ||
44 | 95 | b. has successfully completed a terminal degree, such as | |
45 | 96 | a doctorate of philosophy, a doctorate in education, | |
46 | 97 | professional doctorates, a master of fine arts degree | |
47 | - | ||
48 | - | ENR. S. B. NO. 1119 Page 2 | |
49 | 98 | or a master of library science degree, from an | |
50 | 99 | institution accredited by a national or regional | |
51 | 100 | accrediting agency which is recognized by the | |
52 | 101 | Secretary of the United States Department of | |
53 | 102 | Education. The Oklahoma St ate Regents for Higher | |
54 | 103 | Education shall be con sulted to verify other terminal | |
55 | 104 | degrees, or | |
56 | - | ||
57 | 105 | c. holds at least a baccalaureate degree from an | |
58 | 106 | institution whose accreditation is recognized by the | |
59 | 107 | Oklahoma State Regents for Higher Education and has | |
60 | 108 | qualified work experience in a field that corresponds | |
61 | 109 | to an area of certification as determine d by the State | |
62 | 110 | Board of Education, and | |
63 | - | ||
64 | 111 | d. in addition to the requireme nts of subparagraphs a, b | |
65 | 112 | and c of this paragraph, has demonstrated competency | |
66 | 113 | or completed a major in a field that corresponds to an | |
67 | 114 | area of specialization for an Elementary -Secondary | |
68 | 115 | Certificate or a Secondary Certificate as determined | |
69 | 116 | by the State Board of Education or a vocational- | |
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70 | 144 | technical certificate as recommended by the Oklahoma | |
71 | 145 | Department of Career a nd Technology Education; | |
72 | - | ||
73 | 146 | 2. Declares the int ention to earn standard certificatio n by | |
74 | 147 | means of an alternative placement program in not more than three (3) | |
75 | 148 | years. The State Board of Education shall determine the subject | |
76 | 149 | matter and the number of clock or se mester hours required for the | |
77 | 150 | professional education component for each person ma king application | |
78 | 151 | for an alternative placement teaching certificate bas ed on the | |
79 | 152 | criteria of paragraph 1 of this subsection. | |
80 | - | ||
81 | 153 | The State Board of Education shall establish a core minimum of | |
82 | 154 | six (6) semester hours or ninety (90) clock hours and a maximum of | |
83 | 155 | eighteen (18) semester hours or two hundred seventy (270) clock | |
84 | 156 | hours for the professional education component. | |
85 | - | ||
86 | 157 | The requirements set forth in this subsection shall exclude all | |
87 | 158 | student teaching requirements pursuant to the provisions of | |
88 | 159 | subsection E of this s ection; | |
89 | - | ||
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92 | 160 | 3. Has passed the general education and subject area portions | |
93 | 161 | of the competency examination required in Section 6 -187 of this | |
94 | 162 | title in the area of specialization for which certification is | |
95 | 163 | sought; and | |
96 | - | ||
97 | 164 | 4. Either presents a document from an accredi ted public school | |
98 | 165 | district in this state offering employment in the ar ea of | |
99 | 166 | specialization for which certification is sought on condition that | |
100 | 167 | the person enroll in an alternat ive placement program approved by | |
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101 | 195 | the State Board of Education or declares the in tention to seek | |
102 | 196 | employment as a teacher at an accredited public school district in | |
103 | 197 | this state. The certificate granted pursuant to this subsection | |
104 | 198 | shall be considered a “valid certificate of qualification” for the | |
105 | 199 | purposes of Sections 6-107 and 6-108 of this title, and the holder | |
106 | 200 | of the certificate shall be considered an in ductee for the purposes | |
107 | 201 | of Section 6-195 of this title. | |
108 | - | ||
109 | 202 | B. An alternative placement teaching certificate shall be | |
110 | 203 | renewed for not more than a maximum of three (3) years upon | |
111 | 204 | presentation of a document from an accredited public school district | |
112 | 205 | in this state offering renewed employment in the same area of | |
113 | 206 | specialization and a document from a teacher education institution | |
114 | 207 | verifying satisfactory progress i n an appropriate alternative | |
115 | 208 | placement program. | |
116 | - | ||
117 | 209 | C. Persons enrolled in an alternative placement program s hall: | |
118 | - | ||
119 | 210 | 1. Have never been denied admittance to a teacher education | |
120 | 211 | program approved by the Oklahoma State Regents for Higher Education, | |
121 | 212 | the North Central Association of Colleges and Scho ols and by the | |
122 | 213 | Oklahoma Commission for Teacher Preparation to offer te acher | |
123 | 214 | education programs, nor have enrolled in and subsequently failed | |
124 | 215 | courses necessary to successfully meet the minimum requirements of | |
125 | 216 | the program, except those persons who hold a cer tificate; | |
126 | 217 | ||
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127 | 244 | 2. Have on file with the director of teacher education at a n | |
128 | 245 | Oklahoma institution of higher education a plan for meeting standard | |
129 | 246 | certification requirements within three (3) years; and | |
130 | - | ||
131 | 247 | 3. Participate in an in duction program as required in Secti on | |
132 | 248 | 6-195 of this title and have the same duties and responsibilities a s | |
133 | 249 | other inductees. | |
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135 | - | ENR. S. B. NO. 1119 Page 4 | |
136 | - | ||
137 | 250 | D. The State Board of Education may grant an exception to the | |
138 | 251 | requirements for certif ication and, upon demonstration by an | |
139 | 252 | individual of specific competency in the su bject area of | |
140 | 253 | specialization, may grant a certificate to the individua l. The | |
141 | 254 | State Board may establish other requirements necessary to grant | |
142 | 255 | exceptions. | |
143 | - | ||
144 | 256 | E. The State Board o f Education, in consultation with the | |
145 | 257 | Commission for Educational Quality and Acco untability, may grant an | |
146 | 258 | exception to the requirement to complete a su bject area examination | |
147 | 259 | for initial certification in a field which does not require an | |
148 | 260 | advanced degree pursuant to this section if the candidate has an | |
149 | 261 | advanced degree in a subject that i s substantially comparable to the | |
150 | 262 | content assessed on a subject area e xamination. The degree shall be | |
151 | 263 | from an institution accredited by a national or regional accrediting | |
152 | 264 | agency which is recognized by the Secretary of t he U.S. Department | |
153 | 265 | of Education. The Commission shall provide the Board with the | |
154 | 266 | necessary information to determine comparability. | |
155 | 267 | ||
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156 | 294 | F. Student teaching and a prestudent teaching field experience | |
157 | 295 | shall not be required of alternative placement program parti cipants | |
158 | 296 | for standard certification. | |
159 | - | ||
160 | 297 | G. The State Board of Education shall promulgate rules | |
161 | 298 | authorizing adjunct teachers who shall be persons with distinguished | |
162 | 299 | qualifications in their field. Adjunct teachers s hall not be | |
163 | 300 | required to meet standard certifi cation. Adjunct teachers shall be | |
164 | 301 | limited to two hundred seventy (270) clock hours of classroom | |
165 | 302 | teaching per semester A person employed as an adjunct teacher | |
166 | 303 | pursuant to this subsection who does not hold a vali d certificate to | |
167 | 304 | teach shall not be conside red a teacher as defined by Section 1 -116 | |
168 | 305 | of this title. | |
169 | - | ||
170 | 306 | H. Each teacher education institution shall provide the | |
171 | 307 | Oklahoma Commission for Teacher Preparation an annual report of | |
172 | 308 | information as specified by the Com mission regarding participation | |
173 | 309 | in the alternative placement programs offered by the i nstitution. | |
174 | - | ||
175 | 310 | I. The Oklahoma Commission for Teacher Preparation shall not | |
176 | 311 | accredit, renew the accreditation of, or otherwise approve any | |
177 | 312 | teacher education program of any institution of higher education in | |
178 | - | ||
179 | - | ENR. S. B. NO. 1119 Page 5 | |
180 | 313 | this state that has not implemented alternative pla cement programs | |
181 | 314 | in at least four areas of specialization , including mathematics, | |
182 | 315 | science and a foreign language. Each institution shall allow | |
183 | 316 | individuals who meet the cr iteria of subsections A and C of this | |
184 | 317 | section to be: | |
185 | 318 | ||
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186 | 345 | 1. Admitted to an alternative pl acement program without further | |
187 | 346 | qualification; and | |
188 | - | ||
189 | 347 | 2. Offered the opportunity to complete the requirements for | |
190 | 348 | standard certification set forth in subsection A of this s ection | |
191 | 349 | during the summer preceding and the summer following the first year | |
192 | 350 | of teaching with an alternative placement teaching certificate. Any | |
193 | 351 | person seeking standard certification through an alternative | |
194 | 352 | placement program shall be permitted to take necess ary courses | |
195 | 353 | during regular semesters if offered. | |
196 | - | ||
197 | 354 | J. The criteria specified in subsect ion I of this section can | |
198 | 355 | be met through a cooperative arrangement entered into by two or more | |
199 | 356 | institutions of higher education. | |
200 | - | ||
201 | 357 | SECTION 2. AMENDATORY 70 O.S. 2021, Section 17-101, is | |
202 | 358 | amended to read as follows: | |
203 | - | ||
204 | 359 | Section 17-101. The following words and phrases as used in this | |
205 | 360 | act Section 17-101 et seq. of this title, unless a different meaning | |
206 | 361 | is clearly required by the context, shall have the following | |
207 | 362 | meanings: | |
208 | - | ||
209 | 363 | (1) “Retirement system” shall mean the Teachers ’ Retirement | |
210 | 364 | System of Oklahoma, as defined in Section 17 -102 of this title. | |
211 | - | ||
212 | 365 | (2) “Public school” shall mean a school district, a state | |
213 | 366 | college or university, the State Board of Educat ion, the State Board | |
214 | 367 | of Career and Technology Educat ion, and any other state educational | |
215 | 368 | entity conducted within the state supported wholly or partly by | |
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216 | 396 | public funds and ope rating under the authority and supervision of a | |
217 | 397 | legally constituted board or agency having authority and | |
218 | 398 | responsibility for any functio n of public education. “Public | |
219 | 399 | school” Public school shall also mean a tuition free, nonprofit | |
220 | 400 | alternative school of cho ice that provides education, therapeutic | |
221 | - | ||
222 | - | ENR. S. B. NO. 1119 Page 6 | |
223 | 401 | counseling, and outreach programs which is aligne d with a school | |
224 | 402 | district and which receives grant funds from governmental sources. | |
225 | - | ||
226 | 403 | (3) “Classified personnel ” shall mean any teacher, principal, | |
227 | 404 | superintendent, supe rvisor, administrator, librarian, certified or | |
228 | 405 | registered nurse, college professor, or col lege president whose | |
229 | 406 | salary is paid wholly or in part from public funds. An employee of | |
230 | 407 | any state department, board, board of regents , or board of trustees, | |
231 | 408 | who is in a supervisory or an administrative position, the function | |
232 | 409 | of which is primarily devoted to public education, shall be | |
233 | 410 | considered classified personnel under the meaning of this act | |
234 | 411 | Section 17-101 et seq. of this title, at the discretion o f the Board | |
235 | 412 | of Trustees of the Teachers’ Retirement System. The term “teacher” | |
236 | 413 | shall also include instruct ors and counselors employed by the | |
237 | 414 | Department of Corrections and holding valid teaching certificates | |
238 | 415 | issued by the State Department of Education. Pr ovided, that a | |
239 | 416 | person employed by the Department of Corrections as an instructor or | |
240 | 417 | counselor shall have be en actively engaged in the teaching | |
241 | 418 | profession for a period of no t less than three (3) years prior to | |
242 | 419 | employment to be eligible to participate in the Oklahoma Teachers’ | |
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243 | 447 | Retirement System of Oklahoma. The Department of Corrections shall | |
244 | 448 | contribute the employer’s share to the Oklahoma Teachers’ Retirement | |
245 | 449 | System of Oklahoma. | |
246 | - | ||
247 | 450 | (4) “Nonclassified optional personnel” shall include persons | |
248 | 451 | hired as adjunct teachers pursuant to subsection G of Section 6- | |
249 | 452 | 122.3 of this title, cooks, janitors, maintenance personne l not in a | |
250 | 453 | supervisory capacity, bus drivers, noncertified or nonregistered | |
251 | 454 | nurses, noncertified librarians, and clerical employees of the | |
252 | 455 | public schools, state colleges, universities, or any state | |
253 | 456 | department, board, board of regents , or board of trustees, t he | |
254 | 457 | functions of which are primarily devoted to public education and | |
255 | 458 | whose salaries are paid wholly or in part from public funds. | |
256 | - | ||
257 | 459 | (5) “Employer” shall mean the state and any of its designated | |
258 | 460 | agents or agencies with responsibility and authority for public | |
259 | 461 | education, such as boards of education of elementary and independent | |
260 | 462 | school districts, boards of regents, boards of control , or any other | |
261 | 463 | agency of and within the state by which a person may be employed for | |
262 | 464 | service in public education. “Employer” Employer shall also mean | |
263 | 465 | the board of directors of a tuition free, nonprofit alternative | |
264 | 466 | school of choice that provides education, therapeuti c counseling, | |
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266 | - | ENR. S. B. NO. 1119 Page 7 | |
267 | 467 | and outreach programs which is aligned with a school district and | |
268 | 468 | which receives grant funds from governmenta l sources. | |
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269 | 495 | ||
270 | 496 | (6) “Member” shall mean any teacher or other employee included | |
271 | 497 | in the membership of the system as provided in Section 17 -103 of | |
272 | 498 | this title. | |
273 | - | ||
274 | 499 | (7) “Board of Trustees” shall mean the board provided for in | |
275 | 500 | Section 17-106 of this title to administer the retirement system. | |
276 | - | ||
277 | 501 | (8) “Service” shall mean service as a classified or | |
278 | 502 | nonclassified optional employee in the public school sys tem, or any | |
279 | 503 | other service devoted primarily to public education in the state. | |
280 | - | ||
281 | 504 | (9) “Prior service” shall mean service rende red prior to July | |
282 | 505 | 1, 1943. | |
283 | - | ||
284 | 506 | (10) “Membership service” shall mean service as a member of the | |
285 | 507 | classified or nonclassified personnel as defined in paragraph s (3) | |
286 | 508 | and (4) of this section. | |
287 | - | ||
288 | 509 | (11) “Creditable service” shall mean membership service plus | |
289 | 510 | any prior service authorized under this title. | |
290 | - | ||
291 | 511 | (12) “Annuitant” shall mean any person in receipt of a | |
292 | 512 | retirement allowance as provided in this title. | |
293 | - | ||
294 | 513 | (13) “Accumulated contributions” shall mean the sum of all | |
295 | 514 | amounts deducted from the compensation of a member and credited to | |
296 | 515 | his individual account in the Teacher Teachers’ Savings Fund, | |
297 | 516 | together with interest as of June 30, 1968. | |
298 | - | ||
299 | 517 | (14) “Earnable compensation” shall mean the full rate of the | |
300 | 518 | compensation that would be payable to a member if he worked the full | |
301 | 519 | normal working time. | |
302 | 520 | ||
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303 | 547 | (15) “Average salary”: | |
304 | - | ||
305 | 548 | (a) for those members who joined the System prior to July | |
306 | 549 | 1, 1992, shall mean the average of the salaries for | |
307 | 550 | the three (3) years on which the highest contributions | |
308 | 551 | to the Teachers’ Retirement System was paid not to | |
309 | - | ||
310 | - | ENR. S. B. NO. 1119 Page 8 | |
311 | 552 | exceed the maximum contribution level specified in | |
312 | 553 | Section 17-116.2 of this title or the maximum | |
313 | 554 | compensation level specified in subsection (28) of | |
314 | 555 | this section. Provided, no member shall retire with | |
315 | 556 | an average salary in excess of Twenty -five Thousand | |
316 | 557 | Dollars ($25,000.00) unless the member has made the | |
317 | 558 | required election and paid the required contributions | |
318 | 559 | on such salary in excess of Twenty -five Thousand | |
319 | 560 | Dollars ($25,000.00), or unless an eligible member | |
320 | 561 | fulfills the requirements of Section 17 -116.2C of this | |
321 | 562 | title in order to have pre-cap removal service | |
322 | 563 | included in the retirement benefit computation of the | |
323 | 564 | member using the regular annual compensati on of the | |
324 | 565 | member for any pre-cap removal year of service so | |
325 | 566 | included subject to the maximum average salary amount , | |
326 | 567 | and | |
327 | - | ||
328 | 568 | (b) for those members who join the System after June 30, | |
329 | 569 | 1992, shall mean the average of the salaries for five | |
330 | 570 | (5) consecutive years on w hich the highest | |
571 | + | ||
572 | + | SB1119 HFLR Page 12 | |
573 | + | BOLD FACE denotes Committee Amendments. 1 | |
574 | + | 2 | |
575 | + | 3 | |
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331 | 598 | contribution to the Teachers’ Retirement System was | |
332 | 599 | paid. Only salary on which required contrib utions | |
333 | 600 | have been made may be used in computing average | |
334 | 601 | salary. | |
335 | - | ||
336 | 602 | (16) “Annuity” shall mean payments for life derived from the | |
337 | 603 | “accumulated contributions” of a member. All annuities shall be | |
338 | 604 | payable in equal monthly installments. | |
339 | - | ||
340 | 605 | (17) “Pension” shall mean payments for life derived from money | |
341 | 606 | provided by the employer. All pensions shall be payable in equal | |
342 | 607 | monthly installments. | |
343 | - | ||
344 | 608 | (18) “Monthly retirement allowance” is one-twelfth (1/12) of | |
345 | 609 | the annual retirement allowance which shall be payable monthly. | |
346 | - | ||
347 | 610 | (19) “Retirement Benefit Fund” shall mean the fund from which | |
348 | 611 | all retirement benefits shall be paid based on such mortality tables | |
349 | 612 | as shall be adopted by the Board of Trustees. | |
350 | - | ||
351 | - | ||
352 | - | ENR. S. B. NO. 1119 Page 9 | |
353 | 613 | (20) “Actuary” shall mean a person especially skilled through | |
354 | 614 | training and experie nce in financial calculation respecting the | |
355 | 615 | expectancy and duration of life. | |
356 | - | ||
357 | 616 | (21) “Actuarial equivalent ” shall mean a benefit of equal value | |
358 | 617 | when computed upon th e basis of such mortality and other tables as | |
359 | 618 | shall be adopted by the Board of Trustees. | |
360 | - | ||
361 | 619 | (22) The masculine pronoun, whenever used, shall include the | |
362 | 620 | feminine. | |
621 | + | ||
622 | + | SB1119 HFLR Page 13 | |
623 | + | BOLD FACE denotes Committee Amendments. 1 | |
624 | + | 2 | |
625 | + | 3 | |
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627 | + | 5 | |
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363 | 647 | ||
364 | 648 | (23) “Actuarially determined cost ” shall mean the single sum | |
365 | 649 | which is actuarially equivalent i n value to a specified pension | |
366 | 650 | amount as determined on the basis of mortality and interest | |
367 | 651 | assumptions adopted by the Board of Trustees. | |
368 | - | ||
369 | 652 | (24) “Normal retirement age” means the earliest date upon | |
370 | 653 | which: | |
371 | - | ||
372 | 654 | (a) a member reaches the age sixt y-two (62) with respect | |
373 | 655 | to a member whose first creditable service occurs | |
374 | 656 | prior to November 1, 2011, unless the m ember reaches a | |
375 | 657 | normal retirement date pursuant to subparagraph (c) or | |
376 | 658 | subparagraph (d) of this paragraph, or | |
377 | - | ||
378 | 659 | (b) a member reaches the age of s ixty-five (65) with | |
379 | 660 | respect to a member whose first creditable service | |
380 | 661 | occurs on or after November 1, 2011, or wi th respect | |
381 | 662 | to a member whose first creditable service occurs on | |
382 | 663 | or after November 1, 2011, reaches a normal retirement | |
383 | 664 | date pursuant to subpara graph (d) of this pa ragraph | |
384 | 665 | having attained a minimum age of sixty (60) years, or | |
385 | - | ||
386 | 666 | (c) the age at which the sum of a member’s age and number | |
387 | 667 | of years of creditable service total eighty (80), with | |
388 | 668 | respect to a member whose first creditable service | |
389 | 669 | occurred prior to July 1, 1992 , and who does not reach | |
390 | 670 | a normal retirement age pursuant to subparagraph (a) | |
391 | 671 | of this paragraph, or | |
392 | 672 | ||
673 | + | SB1119 HFLR Page 14 | |
674 | + | BOLD FACE denotes Committee Amendments. 1 | |
675 | + | 2 | |
676 | + | 3 | |
677 | + | 4 | |
678 | + | 5 | |
679 | + | 6 | |
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698 | + | ||
393 | 699 | (d) the age at which the sum of a member’s age and number | |
394 | 700 | of years of creditable service total ninety (90), with | |
395 | - | ||
396 | - | ENR. S. B. NO. 1119 Page 10 | |
397 | 701 | respect to a member who se first creditable service | |
398 | 702 | occurred on or after July 1, 1992, but prior to | |
399 | 703 | November 1, 2011, if the member does not reach a | |
400 | 704 | normal retirement age pursuant to subparagraph (a) of | |
401 | 705 | this paragraph. | |
402 | - | ||
403 | 706 | (25) “Regular annual compensation ” means salary plus fringe | |
404 | 707 | benefits, excluding the flexible benefit allowance pursuant to | |
405 | 708 | Section 26-105 of this title and for purposes purs uant to Section | |
406 | 709 | 17-101 et seq. of this title. For purposes of this definition, | |
407 | 710 | regular annual compensation shall include: | |
408 | - | ||
409 | 711 | (a) salary which accrues on a regular ba sis in proportion | |
410 | 712 | to the service performed , including payments for staff | |
411 | 713 | development, | |
412 | - | ||
413 | 714 | (b) amounts that would otherwise qualify as salary under | |
414 | 715 | paragraph (a) of this subsection but are not received | |
415 | 716 | directly by the member pursuant to a go od faith, | |
416 | 717 | voluntary written salary reduction agreement in order | |
417 | 718 | to finance payments to a deferred compensation or tax- | |
418 | 719 | sheltered annuity program or to finance benefit | |
419 | 720 | options under a cafeteria plan qualifying under the | |
420 | 721 | United States Internal Revenue Code, 2 6 U.S.C., | |
421 | 722 | Section 101 et seq., | |
422 | 723 | ||
724 | + | SB1119 HFLR Page 15 | |
725 | + | BOLD FACE denotes Committee Amendments. 1 | |
726 | + | 2 | |
727 | + | 3 | |
728 | + | 4 | |
729 | + | 5 | |
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746 | + | 22 | |
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749 | + | ||
423 | 750 | (c) group health and disability insurance, group term life | |
424 | 751 | insurance, annuities , and pension plans, provided on a | |
425 | 752 | periodic basis to all qualified employees of the | |
426 | 753 | employer, which qualify as fringe benefits under the | |
427 | 754 | United States Internal Revenu e Code, and | |
428 | - | ||
429 | 755 | (d) excluded from regular annual compensation are: | |
430 | - | ||
431 | 756 | 1. expense reimbursement payme nts, | |
432 | - | ||
433 | 757 | 2. office, vehicle, housing, or other maintenance | |
434 | 758 | allowances, | |
435 | - | ||
436 | 759 | 3. the flexible benefit allowance provided pursuant | |
437 | 760 | to Section 26-105 of this title, | |
438 | - | ||
439 | - | ||
440 | - | ENR. S. B. NO. 1119 Page 11 | |
441 | 761 | 4. payment for unused vacation and sick leave, | |
442 | - | ||
443 | 762 | 5. any payment made for reason of termination or | |
444 | 763 | retirement not specifically provided for in | |
445 | 764 | subparagraphs (a) through (c) of this subsection, | |
446 | - | ||
447 | 765 | 6. maintenance or other nonmonetary compensation, | |
448 | - | ||
449 | 766 | 7. payment received as an i ndependent contractor or | |
450 | 767 | consultant, pursuant to a lawful contract which | |
451 | 768 | complies with the re quirements of subsection B of | |
452 | 769 | Section 6-101.2 of this title, | |
453 | - | ||
454 | 770 | 8. any benefit payments not made pursuant to a valid | |
455 | 771 | employment agreement, | |
456 | - | ||
457 | 772 | 9. compensation for clinica l related activity | |
458 | 773 | performed in the University of Oklahoma Health | |
774 | + | ||
775 | + | SB1119 HFLR Page 16 | |
776 | + | BOLD FACE denotes Committee Amendments. 1 | |
777 | + | 2 | |
778 | + | 3 | |
779 | + | 4 | |
780 | + | 5 | |
781 | + | 6 | |
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799 | + | 24 | |
800 | + | ||
459 | 801 | Sciences Center (OUHSC) Pro fessional Practice | |
460 | 802 | Plan or Oklahoma State University Center for | |
461 | 803 | Health Sciences (OSU-CHS) Professional Practice | |
462 | 804 | Plan, and | |
463 | - | ||
464 | 805 | 10. any other compensation not described in | |
465 | 806 | subparagraphs (a) through (c) of this subsection. | |
466 | - | ||
467 | 807 | (26) “Teacher” means classified personn el and nonclassified | |
468 | 808 | optional personnel. | |
469 | - | ||
470 | 809 | (27) “Active classroom teacher” means a person employed by a | |
471 | 810 | school district to teach students specif ically identified cl asses | |
472 | 811 | for specifically identified subjects during the course of a | |
473 | 812 | semester, and who holds a v alid certificate or license issued by and | |
474 | 813 | in accordance with the rules and regulations of the State Board of | |
475 | 814 | Education. | |
476 | - | ||
477 | 815 | (28) “Maximum compensation level” shall, except as otherwise | |
478 | 816 | authorized pursuant to the provisions of Section 17 -116.2C of this | |
479 | 817 | title, mean: | |
480 | - | ||
481 | 818 | (a) Twenty-five Thousand Dollars ($25,000.00) for | |
482 | 819 | creditable service authorized and performed prior to | |
483 | - | ||
484 | - | ENR. S. B. NO. 1119 Page 12 | |
485 | 820 | July 1, 1995, for members not elec ting a higher | |
486 | 821 | maximum compensation level, | |
487 | - | ||
488 | 822 | (b) Forty Thousand Dollars ($40,000.00) for creditable | |
489 | 823 | service authorized and performed prior to July 1, | |
490 | 824 | 1995, for members electing a maximum comp ensation | |
825 | + | ||
826 | + | SB1119 HFLR Page 17 | |
827 | + | BOLD FACE denotes Committee Amendments. 1 | |
828 | + | 2 | |
829 | + | 3 | |
830 | + | 4 | |
831 | + | 5 | |
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848 | + | 22 | |
849 | + | 23 | |
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851 | + | ||
491 | 852 | level in excess of Twenty -five Thousand Dollars | |
492 | 853 | ($25,000.00), | |
493 | - | ||
494 | 854 | (c) Twenty-seven Thousand Five Hundred Dollars | |
495 | 855 | ($27,500.00) for members who, as of June 30, 1995, had | |
496 | 856 | elected to have a maximum compensation level not in | |
497 | 857 | excess of Twenty-five Thousand Dollars ($25,000.00), | |
498 | 858 | and who were employed by an entity or institut ion | |
499 | 859 | within The Oklahoma State System of Higher Education | |
500 | 860 | for creditable service authorized and performed on or | |
501 | 861 | after July 1, 1995, but not later than June 30, 1996, | |
502 | 862 | if such member does not elect a higher maximum | |
503 | 863 | compensation level for this period as author ized by | |
504 | 864 | Section 17-116.2A of this title, | |
505 | - | ||
506 | 865 | (d) Thirty-two Thousand Five Hundred Dollars ($32,500.00) | |
507 | 866 | for members employed by a comprehensive university if | |
508 | 867 | the member meets the requirements i mposed by Section | |
509 | 868 | 17-116.2A of this title and the member elects to | |
510 | 869 | impose a higher maxim um compensation level for service | |
511 | 870 | performed on or after July 1, 1995, but not later than | |
512 | 871 | June 30, 1996, | |
513 | - | ||
514 | 872 | (e) Forty-four Thousand Dollars ($44,000.00) for members | |
515 | 873 | who, as of June 30, 1995, had elected to have a | |
516 | 874 | maximum compensation level in excess of Twenty-five | |
517 | 875 | Thousand Dollars ($25,000.00), and who were employed | |
876 | + | ||
877 | + | SB1119 HFLR Page 18 | |
878 | + | BOLD FACE denotes Committee Amendments. 1 | |
879 | + | 2 | |
880 | + | 3 | |
881 | + | 4 | |
882 | + | 5 | |
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900 | + | 23 | |
901 | + | 24 | |
902 | + | ||
518 | 903 | by an entity or institution within The Oklahoma State | |
519 | 904 | System of Higher Education for creditable service | |
520 | 905 | authorized and performed on or after July 1, 1995, but | |
521 | 906 | not later than June 30, 1996, if such member does not | |
522 | 907 | elect a higher maximum compensation level for this | |
523 | 908 | period as authorized by Sec tion 17-116.2A of this | |
524 | 909 | title, | |
525 | - | ||
526 | - | ||
527 | - | ENR. S. B. NO. 1119 Page 13 | |
528 | 910 | (f) Forty-nine Thousand Dollars ($49,000.00) for members | |
529 | 911 | employed by a comprehensive university if the member | |
530 | 912 | meets the requirements imposed by Section 17-116.2A of | |
531 | 913 | this title and the member elects to impose a higher | |
532 | 914 | maximum compensation level for service performed on or | |
533 | 915 | after July 1, 1995, but not l ater than June 30, 1996, | |
534 | - | ||
535 | 916 | (g) the following amounts for creditable se rvice | |
536 | 917 | authorized and performed by members employed by a | |
537 | 918 | comprehensive university, based upon the election of | |
538 | 919 | the member in effect as of June 30, 1995: | |
539 | - | ||
540 | 920 | 1. for members who elected a maximum compensation | |
541 | 921 | level not in excess of Twenty -five Thousand | |
542 | 922 | Dollars ($25,000.00): | |
543 | - | ||
544 | 923 | (i) Thirty-two Thousand Five Hundred Dollars | |
545 | 924 | ($32,500.00) for service authorized and | |
546 | 925 | performed on or after July 1, 1996, but not | |
547 | 926 | later than June 30, 1997, | |
548 | 927 | ||
928 | + | SB1119 HFLR Page 19 | |
929 | + | BOLD FACE denotes Committee Amendments. 1 | |
930 | + | 2 | |
931 | + | 3 | |
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951 | + | 23 | |
952 | + | 24 | |
953 | + | ||
549 | 954 | (ii) Thirty-seven Thousand Five Hundred Dollars | |
550 | 955 | ($37,500.00) for service authorized and | |
551 | 956 | performed on or after July 1, 1997, but not | |
552 | 957 | later than June 30, 1998, | |
553 | - | ||
554 | 958 | (iii) Forty-two Thousand Five Hundred Dollars | |
555 | 959 | ($42,500.00) for service authorized and | |
556 | 960 | performed on or after July 1, 1998 , but not | |
557 | 961 | later than June 30, 2000, | |
558 | - | ||
559 | 962 | (iv) Forty-seven Thousand Five H undred Dollars | |
560 | 963 | ($47,500.00) for service authorized and | |
561 | 964 | performed on or after July 1, 2000, but not | |
562 | 965 | later than June 30, 2001, | |
563 | - | ||
564 | 966 | (v) Fifty-two Thousand Five Hundred Dollars | |
565 | 967 | ($52,500.00) for service authorized and | |
566 | 968 | performed on or after July 1, 2001, but not | |
567 | 969 | later than June 30, 200 2, | |
568 | - | ||
569 | - | ||
570 | - | ENR. S. B. NO. 1119 Page 14 | |
571 | 970 | (vi) Fifty-seven Thousand Five Hundred Dollars | |
572 | 971 | ($57,500.00) for service authorized and | |
573 | 972 | performed on or after July 1, 2002, but not | |
574 | 973 | later than June 30, 2003, | |
575 | - | ||
576 | 974 | (vii) Sixty-two Thousand Five Hundred Dollars | |
577 | 975 | ($62,500.00) for service autho rized and | |
578 | 976 | performed on or after July 1, 2003, but not | |
579 | 977 | later than June 30, 2004, | |
580 | 978 | ||
979 | + | SB1119 HFLR Page 20 | |
980 | + | BOLD FACE denotes Committee Amendments. 1 | |
981 | + | 2 | |
982 | + | 3 | |
983 | + | 4 | |
984 | + | 5 | |
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1004 | + | ||
581 | 1005 | (viii) Sixty-seven Thousand Five Hundred Dollars | |
582 | 1006 | ($67,500.00) for service authorized and | |
583 | 1007 | performed on or after July 1, 2004, but not | |
584 | 1008 | later than June 30, 2005, | |
585 | - | ||
586 | 1009 | (ix) Seventy-two Thousand Five Hundre d Dollars | |
587 | 1010 | ($72,500.00) for service authorized and | |
588 | 1011 | performed on or after July 1, 2005, but not | |
589 | 1012 | later than June 30, 2006, | |
590 | - | ||
591 | 1013 | (x) Seventy-seven Thousand Five Hundred Dollars | |
592 | 1014 | ($77,500.00) for service authorized and | |
593 | 1015 | performed on or after July 1 , 2006, but not | |
594 | 1016 | later than June 30, 2007, and | |
595 | - | ||
596 | 1017 | (xi) the full amount of regular annual | |
597 | 1018 | compensation for service aut horized and | |
598 | 1019 | performed on or after July 1, 2007, and | |
599 | - | ||
600 | 1020 | 2. for members who elected a maximum compensation | |
601 | 1021 | level in excess of Twenty -five Thousand Dollars | |
602 | 1022 | ($25,000.00): | |
603 | - | ||
604 | 1023 | (i) Forty-nine Thousand Dollars ($49,000.00) for | |
605 | 1024 | service authorized and performed on or afte r | |
606 | 1025 | July 1, 1996, but not later than June 30, | |
607 | 1026 | 1997, | |
608 | - | ||
609 | 1027 | (ii) Fifty-four Thousand Dollars ($54,000.00) for | |
610 | 1028 | service authorized and performed on or afte r | |
1029 | + | ||
1030 | + | SB1119 HFLR Page 21 | |
1031 | + | BOLD FACE denotes Committee Amendments. 1 | |
1032 | + | 2 | |
1033 | + | 3 | |
1034 | + | 4 | |
1035 | + | 5 | |
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1055 | + | ||
611 | 1056 | July 1, 1997, but not later than June 30, | |
612 | 1057 | 1998, | |
613 | - | ||
614 | - | ENR. S. B. NO. 1119 Page 15 | |
615 | - | ||
616 | 1058 | (iii) Fifty-nine Thousand Dollars ($59,000.00) for | |
617 | 1059 | service authorized and performed on or after | |
618 | 1060 | July 1, 1998, but not later than June 30, | |
619 | 1061 | 2000, | |
620 | - | ||
621 | 1062 | (iv) Sixty-four Thousand Dollars ($64,000.00) for | |
622 | 1063 | service authorized and performed on or after | |
623 | 1064 | July 1, 2000, but not later than June 30, | |
624 | 1065 | 2001, | |
625 | - | ||
626 | 1066 | (v) Sixty-nine Thousand Dollars ($69,000.00) for | |
627 | 1067 | service authorized and performed on or after | |
628 | 1068 | July 1, 2001, but not later than June 30, | |
629 | 1069 | 2002, | |
630 | - | ||
631 | 1070 | (vi) Seventy-four Thousand Dollar s ($74,000.00) | |
632 | 1071 | for service authorized and performed on or | |
633 | 1072 | after July 1, 2002, but not later than June | |
634 | 1073 | 30, 2003, | |
635 | - | ||
636 | 1074 | (vii) Seventy-nine Thousand Dollars ($79,000.00) | |
637 | 1075 | for service authorized and perf ormed on or | |
638 | 1076 | after July 1, 2003, but not later than June | |
639 | 1077 | 30, 2004, | |
640 | - | ||
641 | 1078 | (viii) Eighty-four Thousand Dollars ($84,000.00) | |
642 | 1079 | for service authorized and performed on or | |
1080 | + | ||
1081 | + | SB1119 HFLR Page 22 | |
1082 | + | BOLD FACE denotes Committee Amendments. 1 | |
1083 | + | 2 | |
1084 | + | 3 | |
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643 | 1107 | after July 1, 2004, but not later than June | |
644 | 1108 | 30, 2005, | |
645 | - | ||
646 | 1109 | (ix) Eighty-nine Thousand Dollars ($89,000.0 0) | |
647 | 1110 | for service authorized and performed on or | |
648 | 1111 | after July 1, 2005, but not later than June | |
649 | 1112 | 30, 2006, | |
650 | - | ||
651 | 1113 | (x) Ninety-four Thousand Dollars ($94,000.00) | |
652 | 1114 | for service authorized and perf ormed on or | |
653 | 1115 | after July 1, 2006, but not later than June | |
654 | 1116 | 30, 2007, and | |
655 | - | ||
656 | - | ||
657 | - | ENR. S. B. NO. 1119 Page 16 | |
658 | 1117 | (xi) the full amount of regular annual | |
659 | 1118 | compensation for service authorize d and | |
660 | 1119 | performed on or after July 1, 2007, and | |
661 | - | ||
662 | 1120 | (h) the full amount of regular annual compensation of: | |
663 | - | ||
664 | 1121 | 1. a member of the retirement system not employed by | |
665 | 1122 | an entity or institution within The Oklahoma | |
666 | 1123 | State System of Higher Education for all | |
667 | 1124 | creditable service authorized and pe rformed on or | |
668 | 1125 | after July 1, 1995, | |
669 | - | ||
670 | 1126 | 2. a member of the retirement system first employed | |
671 | 1127 | on or after July 1, 1995, by an entity or | |
672 | 1128 | institution within The Oklahoma State System of | |
673 | 1129 | Higher Education for all creditable service | |
1130 | + | ||
1131 | + | SB1119 HFLR Page 23 | |
1132 | + | BOLD FACE denotes Committee Amendments. 1 | |
1133 | + | 2 | |
1134 | + | 3 | |
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674 | 1157 | authorized and performed on or after July 1, | |
675 | 1158 | 1995, but not later than June 30, 1996, | |
676 | - | ||
677 | 1159 | 3. a member of the retirement system employe d by an | |
678 | 1160 | entity or institution within The Oklahoma State | |
679 | 1161 | System of Higher Education, oth er than a | |
680 | 1162 | comprehensive university, if the member elects to | |
681 | 1163 | impose a higher maximum compensation level for | |
682 | 1164 | service performed on or after July 1, 1995, but | |
683 | 1165 | not later than June 30, 1996, pursuant to | |
684 | 1166 | subsection B of Section 17-116.2A of this title, | |
685 | - | ||
686 | 1167 | 4. a member of the retirement system who is first | |
687 | 1168 | employed on or after July 1, 1996, b y any entity | |
688 | 1169 | or institution within The Oklahoma State System | |
689 | 1170 | of Higher Education, including a comprehensive | |
690 | 1171 | university, for creditable service authorized and | |
691 | 1172 | performed on or after July 1, 1996, | |
692 | - | ||
693 | 1173 | 5. a member of the retirement system who, as of July | |
694 | 1174 | 1, 1996, is subject to a maximum compensation | |
695 | 1175 | level pursuant to paragraph (g) of this | |
696 | 1176 | subsection if the member terminates service with | |
697 | 1177 | a comprehensive university and is subsequently | |
698 | 1178 | reemployed by a comprehensive university, | |
699 | 1179 | ||
1180 | + | SB1119 HFLR Page 24 | |
1181 | + | BOLD FACE denotes Committee Amendments. 1 | |
1182 | + | 2 | |
1183 | + | 3 | |
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700 | 1205 | ||
701 | - | ENR. S. B. NO. 1119 Page 17 | |
702 | 1206 | 6. a member of the retirement system empl oyed by a | |
703 | 1207 | comprehensive university for all service | |
704 | 1208 | performed on and after July 1, 2007, or | |
705 | - | ||
706 | 1209 | 7. an eligible member of the retirement system who | |
707 | 1210 | fulfills the requirements of Section 2 of this | |
708 | 1211 | act Section 17-116.2C of this title with respect | |
709 | 1212 | to pre-cap removal service included in the | |
710 | 1213 | retirement benefit computation of the member at | |
711 | 1214 | the average salary o f the member subject to the | |
712 | 1215 | maximum average salary amou nt. | |
713 | - | ||
714 | 1216 | (29) “Comprehensive university” shall mean: | |
715 | - | ||
716 | 1217 | (a) the University of Oklahoma and all of its constituent | |
717 | 1218 | agencies, including the University of Oklahoma Health | |
718 | 1219 | Sciences Center, the University of Oklah oma Law | |
719 | 1220 | Center, and the Geological Survey, and | |
720 | - | ||
721 | 1221 | (b) Oklahoma State University and all of its constituent | |
722 | 1222 | agencies, including the Oklahoma State University | |
723 | 1223 | Agricultural Experiment Station, the Oklahoma State | |
724 | 1224 | University Agricultural Extension Division, the | |
725 | 1225 | Oklahoma State University College of Veterinary | |
726 | 1226 | Medicine, the Oklahoma State University Center for | |
727 | 1227 | Health Sciences, the T echnical Branch at Oklah oma | |
728 | 1228 | City, the Oklahoma State University Institute of | |
1229 | + | ||
1230 | + | SB1119 HFLR Page 25 | |
1231 | + | BOLD FACE denotes Committee Amendments. 1 | |
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1255 | + | ||
729 | 1256 | Technology-Okmulgee, and Oklahoma State University - | |
730 | 1257 | Tulsa. | |
731 | - | ||
732 | 1258 | (30) “Retirement contract” means the document prepared b y the | |
733 | 1259 | Teachers’ Retirement System upon member request, which inc orporates | |
734 | 1260 | member’s selected retirement optio n, and which must be executed and | |
735 | 1261 | submitted to the Teachers ’ Retirement System no less than t hirty | |
736 | 1262 | (30) days prior to the projected retirement date. | |
737 | - | ||
738 | 1263 | SECTION 3. This act shall become effecti ve July 1, 2022. | |
739 | - | ||
740 | 1264 | SECTION 4. It being immediately necessary for the preservation | |
741 | 1265 | of the public peace, health or safety, an emergency is hereby | |
742 | 1266 | declared to exist, by reason whereof th is act shall take effect and | |
743 | 1267 | be in full force from and aft er its passage and approval. | |
744 | 1268 | ||
745 | - | ENR. S. B. NO. 1119 Page 18 | |
746 | - | ||
747 | - | Passed the Senate the 23rd day of March, 2022. | |
748 | - | ||
749 | - | ||
750 | - | ||
751 | - | Presiding Officer of the Senate | |
752 | - | ||
753 | - | ||
754 | - | Passed the House of Represen tatives the 26th day of April, 2022. | |
755 | - | ||
756 | - | ||
757 | - | ||
758 | - | Presiding Officer of the House | |
759 | - | of Representatives | |
760 | - | ||
761 | - | OFFICE OF THE GOVERNOR | |
762 | - | Received by the Office of the Governor this _______ _____________ | |
763 | - | day of _________________ __, 20_______, at _______ o'clock _______ M. | |
764 | - | By: _______________________________ __ | |
765 | - | Approved by the Governor of the State of Oklahoma this _____ ____ | |
766 | - | day of _________________ __, 20_______, at _______ o'clock _______ M. | |
767 | - | ||
768 | - | _________________________________ | |
769 | - | Governor of the State of Oklahoma | |
770 | - | ||
771 | - | ||
772 | - | OFFICE OF THE SECRETARY OF STATE | |
773 | - | Received by the Office of the Secretary of State this _______ ___ | |
774 | - | day of __________________, 20 _______, at _______ o 'clock _______ M. | |
775 | - | By: _______________________________ __ | |
1269 | + | COMMITTEE REPORT BY: COMM ITTEE ON COMMON EDUCATION, dated 04/05/2022 | |
1270 | + | - DO PASS. |