RBS No. 3619
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ENGROSSED SENATE
BILL NO. 1188 By: Taylor, Jett, Coleman,
Kidd, and Bergstrom of the
Senate
and
Newton and Roberts (Dustin)
of the House
An Act relating to state pensions; amending 11 O.S.
2021, Section 50-112, which relates to eligibility
for membership in system; allowing municipalities
under certain population to hire certain retired
police officers without reentering system; allowing
for retired persons to be hired as police officers
under certain circumstances without entrance into
system; providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2021, Section 50 -112, is
amended to read as follows:
Section 50-112. A. All persons employed as full-time duly
appointed or elected officers who are paid for working more than
twenty-five (25) hours per week or any person hired by a
participating municipality wh o is undergoing police training to
become a permanent police officer of the municipality shall
participate in the System upon initial employment with a police
department of a participating municipality. All such persons shall
submit to a physical -medical examination pertaining to sight,
hearing, agility and other conditions the requirements of which RBS No. 3619
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shall be established by the State Board. The person shall be
required to complete this physical -medical examination prior to the
beginning of actual employmen t. This examination shall identify any
preexisting conditions. Except as otherwise provided in this
section, a police officer shall be not less than twenty -one (21) nor
more than forty-five (45) years of age when accepted for membership
in the System. However, if a municipality should be found to be in
noncompliance with the provisions of Article 50 of this title, as
determined by the State Board, then any current full -time active
police officer employed by a municipality as of July 1, 2001, shall
not be denied eligibility to participate in the Oklahoma Police
Pension and Retirement System solely due to age. The State Board
shall have authority to deny or revoke membership of any person
submitting false information in such person ’s membership
application. The State Board shall have final authority in
determining eligibility for membership in the System , pursuant to
the provisions of this article.
B. The police chief of any participating municipality may be
exempt from membership in the System or may bec ome a member provided
the member is not a retired member and the requirements of this
section are met at the time of employment.
C. A member of the System who has attained his or her normal
retirement date may, if the member so elects, agree to terminate
employment and retire as a member of the System and make an election RBS No. 3619
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to receive distributions from th e System. If a retired member is
reemployed by a participating municipality in the position of police
chief or in a position which is not covered by the S ystem,
retirement shall include receipt by such retired member of in-
service distributions from the S ystem.
D. A former member of the System who terminates from covered
employment and who has neither retired from the System nor entered
the Oklahoma Police Deferred Option Plan and is later employed in a
covered position with a participating municipality s hall not be
denied eligibility to become a member of the System because he or
she is forty-five (45) years of age or older. If such member has
withdrawn his or her contributions prior to re-entering the System
and the member desires to receive credit for such prior service,
then the member shall pay back such contributions and interest
pursuant to Section 50 -111.1 of this title.
E. Notwithstanding any othe r provision of law to the contrary,
a municipality that employs two (2) or fewer full-time police
officers with a population of four thousand five hundred (4,500) or
less, according to the latest Federal Decennial Cens us, may employ a
police officer retired police officers who is are more than forty-
five (45) years of age and who has never have participated in the
Oklahoma Police Pension and Retiremen t System, and are receiving
retirement benefits. but such police officer Such officers shall
not be eligible to reenter and participate in the System. Such RBS No. 3619
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police officer shall be counted in the limitation im posed by this
subsection. Notwithstanding any other provisions of law, the State
Board shall be granted access to information concerning a list of
actively working police o fficers within the municipalities and
agencies under the purview provided by the Co uncil on Law
Enforcement Education and Training.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 112.1 of Title 11, unless there
is created a duplication in numbering, reads as follows:
Notwithstanding any other provis ion of law, any person who is
receiving retirement benefits from a st ate pension system may be
hired by a municipality with a population of four thousand five
hundred (4,500) or less, according to the latest Federal Decennial
Census, to fulfill the duties and obligations of a police officer.
Such persons shall not be subject to the requirements and
obligations of the Oklahoma Police Pension Retirement System and
shall not be eligible to enter into the System.
SECTION 3. This act shall become effective November 1, 2022. RBS No. 3619
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Passed the Senate the 8th day of March, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2022.
Presiding Officer of the House
of Representatives