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1 | 1 | RBH No. 11250 | |
2 | - | ENGR. H. A. to ENGR. S. B. NO. 1188 Page 1 1 | |
2 | + | ||
3 | + | SB1188 HFLR Page 1 | |
4 | + | BOLD FACE denotes Committee Amendments. 1 | |
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27 | - | ENGROSSED HOUSE AMENDME NT | |
28 | - | TO | |
29 | - | ENGROSSED SENATE BILL NO . 1188 By: Taylor, Jett, Coleman, | |
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 ENGROSSED | |
37 | + | SENATE BILL NO. 1188 By: Taylor, Jett, Coleman, | |
30 | 38 | Kidd, and Bergstrom of the | |
31 | 39 | Senate | |
32 | 40 | ||
33 | 41 | and | |
34 | 42 | ||
35 | 43 | Newton and Roberts (Dustin) | |
36 | 44 | of the House | |
37 | 45 | ||
38 | 46 | ||
39 | 47 | ||
40 | 48 | ||
41 | - | An Act relating to state pensions; amending 11 O.S. | |
42 | - | 2021, Section 50-112, which relates to eligibility | |
43 | - | for membership in system; allowing municipalities | |
44 | - | under certain population to hire certain retired | |
45 | - | police officers without reentering system; allowing | |
46 | - | for retired persons to be hired as police officers | |
47 | - | under certain circumstances without entrance into | |
48 | - | system; providing for codification; and providing an | |
49 | - | effective date. | |
50 | 49 | ||
51 | 50 | ||
51 | + | COMMITTEE SUBSTITUTE | |
52 | 52 | ||
53 | - | AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill | |
54 | - | and insert: | |
55 | - | ||
56 | - | ||
57 | - | ||
58 | - | ||
59 | - | "An Act relating to state pensions; amending 11 O.S. | |
53 | + | An Act relating to state pensions; amending 11 O.S. | |
60 | 54 | 2021, Sections 50-111.3 and 50-112, which relate to | |
61 | 55 | the Oklahoma Police Pen sion and Retirement System ; | |
62 | 56 | modifying provision related to assumed rate of | |
63 | 57 | return; allowing municipalities u nder certain | |
64 | 58 | population to hire certain retired police officers | |
65 | 59 | without reentering system; allowing for retired | |
66 | 60 | persons to be hired as police officers under certain | |
67 | - | circumstances without entrance into s ystem; | |
68 | - | requiring payment of certain contribution amount; | |
69 | - | providing for codification; providing an effective | |
70 | - | date; and declaring an emergency . | |
61 | + | circumstances without entrance into s ystem; providing | |
62 | + | for codification; and providing an ef fective date. | |
71 | 63 | ||
72 | 64 | ||
73 | - | RBH No. 11250 | |
74 | - | ENGR. H. A. to ENGR. S. B. NO. 1188 Page 2 1 | |
65 | + | ||
66 | + | ||
67 | + | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
68 | + | SECTION 1. AMENDATORY 11 O.S. 2021, Section 50 -111.3, is | |
69 | + | amended to read as follows: | |
70 | + | Section 50-111.3 A. In lieu of terminating emp loyment and | |
71 | + | accepting a service retirement pension pursuant to Section 50 -114 of RBH No. 11250 | |
72 | + | ||
73 | + | SB1188 HFLR Page 2 | |
74 | + | BOLD FACE denotes Committee Amendments. 1 | |
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99 | - | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
100 | - | SECTION 1. AMENDATORY 11 O.S. 2021, Section 50 -111.3, is | |
101 | - | amended to read as follows: | |
102 | - | Section 50-111.3 A. In lieu of terminating emp loyment and | |
103 | - | accepting a service retirement pension pursuant to Section 50 -114 of | |
104 | 99 | this title, any member of the Oklahoma Police Pension and Retirement | |
105 | 100 | System who has not less than twenty ( 20) years of creditable service | |
106 | 101 | and who is eligible to receive a serv ice retirement pension ma y make | |
107 | 102 | an irrevocable election to participate in the Oklahoma Police | |
108 | 103 | Deferred Option Plan and defer the receipts of benefits in | |
109 | 104 | accordance with the provisions of this section. | |
110 | 105 | B. For purposes of this section, creditable service sh all | |
111 | 106 | include service credi t reciprocally recognized pursuant to Section | |
112 | 107 | 50-101 et seq. of this tit le but for eligibility purposes only. | |
113 | 108 | C. The duration of participation in the Oklahoma Po lice | |
114 | 109 | Deferred Option Plan for a member shall not exceed five (5) year s. | |
115 | 110 | Participation in the Oklahoma Police Deferred Option Plan must begin | |
116 | 111 | the first day of a month and end on the last day of a month. At the | |
117 | 112 | conclusion of a member's participation in the Oklahoma Police | |
118 | 113 | Deferred Option Plan, the member shall terminate emp loyment with all | |
119 | 114 | participating municipalities as an officer, and shall start | |
120 | 115 | receiving the member 's accrued monthly retirement benefit from the | |
121 | 116 | System. Such a member may receive in -service distributions of such | |
122 | - | member's accrued monthly retirement benefit from the System if such RBH No. 11250 | |
123 | - | ENGR. H. A. to ENGR. S. B. NO. 1188 Page 3 1 | |
117 | + | member's accrued monthly retirement benefit from the System if such | |
118 | + | member is reemployed by a participating municipality only if such | |
119 | + | reemployment is as a police chief or in a position not covered under | |
120 | + | the System. | |
121 | + | D. When a member begins participation in the Oklahoma Police | |
122 | + | Deferred Option Plan, t he contribution of the em ployee shall cease. RBH No. 11250 | |
123 | + | ||
124 | + | SB1188 HFLR Page 3 | |
125 | + | BOLD FACE denotes Committee Amendments. 1 | |
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147 | 149 | ||
148 | - | member is reemployed by a participating municipality only if such | |
149 | - | reemployment is as a police chief or in a position not covered under | |
150 | - | the System. | |
151 | - | D. When a member begins participation in the Oklahoma Police | |
152 | - | Deferred Option Plan, t he contribution of the em ployee shall cease. | |
153 | 150 | The employer contributions shall continue to be pai d in accordance | |
154 | 151 | with Section 50-109 of this title. Municipal contributions for | |
155 | 152 | employees who elect the Oklahoma Police Deferred Option Plan shall | |
156 | 153 | be credited equally to the Oklahoma P olice Pension and Retirement | |
157 | 154 | System and to the Oklahoma Police Deferred Option Plan. The monthly | |
158 | 155 | retirement benefits that would have been payable had the member | |
159 | 156 | elected to cease employment and receive a service retirement shall | |
160 | 157 | be paid into the Oklahoma P olice Deferred Option Plan account. | |
161 | 158 | E. 1. A member who participates in this plan shall be eligible | |
162 | 159 | to receive cost of living increases. | |
163 | 160 | 2. A member who partici pates in this plan shall earn interest | |
164 | 161 | at a rate of two percentage po ints below the rate of re turn of the | |
165 | 162 | investment portfolio of the System, but no less than the actuarial | |
166 | 163 | assumed interest rate as certified by the actuary in the yearly | |
167 | 164 | evaluation report of the actuary seven and one-half percent (7.5%) | |
168 | 165 | interest effective Ju ly 1, 2022. The interest shall be credited to | |
169 | 166 | the individual account balance of the member on an annual basis. | |
170 | 167 | F. A participant in the Oklahoma Police Deferred Option Plan | |
171 | - | shall receive, at the option of the participant: RBH No. 11250 | |
172 | - | ENGR. H. A. to ENGR. S. B. NO. 1188 Page 4 1 | |
168 | + | shall receive, at the option of the participant: | |
169 | + | 1. A lump sum payment from th e account equal to the optio n | |
170 | + | account balance of the participant, payable to the participant; | |
171 | + | 2. A lump sum payment from th e account equal to the option | |
172 | + | account balance of the participant, payable to the annuity provider RBH No. 11250 | |
173 | + | ||
174 | + | SB1188 HFLR Page 4 | |
175 | + | BOLD FACE denotes Committee Amendments. 1 | |
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197 | - | 1. A lump sum payment from th e account equal to the optio n | |
198 | - | account balance of the participant, payable to the participant; | |
199 | - | 2. A lump sum payment from th e account equal to the option | |
200 | - | account balance of the participant, payable to the annuity provider | |
201 | 200 | which shall be selected by the par ticipant as a result of the | |
202 | 201 | research and investigation of the participant; or | |
203 | 202 | 3. Any other method of payment if approved by the State Board. | |
204 | 203 | Notwithstanding any other provis ion contained herein to the | |
205 | 204 | contrary, commencement of distributions under the Okla homa Police | |
206 | 205 | Deferred Option Plan shall be no later than the time as set forth in | |
207 | 206 | subsection C of Section 50-114 of this title. | |
208 | 207 | G. If the participant dies during the period of participation | |
209 | 208 | in the Oklahoma Police Deferred Option Plan, a lump sum payment | |
210 | 209 | equal to the account balance o f the participant shall be paid to the | |
211 | 210 | recipients, which may include a t rust, properly designated in | |
212 | 211 | writing by the participant or, if none, to t he surviving spouse who | |
213 | 212 | was married to the participant for the thirty (30) continuo us months | |
214 | 213 | immediately preceding the death of the participant; provided, a | |
215 | 214 | surviving spouse of a part icipant who died in, and as a consequence | |
216 | 215 | of, the performance of the part icipant's duty for a participating | |
217 | 216 | municipality shall not be subject to the thirty -month marriage | |
218 | 217 | requirement for survivor benefits or, if no surviving spouse, to the | |
219 | - | estate of the participant. RBH No. 11250 | |
220 | - | ENGR. H. A. to ENGR. S. B. NO. 1188 Page 5 1 | |
218 | + | estate of the participant. | |
219 | + | H. In lieu of participating in the Oklahoma Police Deferred | |
220 | + | Option Plan pursuant to subsections A, B, C, D, E , and F of this | |
221 | + | section, a member ma y make an irrevocable elect ion to participate in | |
222 | + | the Oklahoma Police Deferred Option Plan pursuant t o this subsection | |
223 | + | as follows: RBH No. 11250 | |
224 | + | ||
225 | + | SB1188 HFLR Page 5 | |
226 | + | BOLD FACE denotes Committee Amendments. 1 | |
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245 | - | H. In lieu of participating in the Oklahoma Police Deferred | |
246 | - | Option Plan pursuant to subsections A, B, C, D, E , and F of this | |
247 | - | section, a member ma y make an irrevocable elect ion to participate in | |
248 | - | the Oklahoma Police Deferred Option Plan pursuant t o this subsection | |
249 | - | as follows: | |
250 | 251 | 1. For purposes of this subsection, the following definitions | |
251 | 252 | shall apply: | |
252 | 253 | a. "back drop date" means the date selected by the | |
253 | 254 | member, which is up to fiv e (5) years before the | |
254 | 255 | member elects to participate in the Oklahoma Polic e | |
255 | 256 | Deferred Option Plan, but not before the date at which | |
256 | 257 | the member completes twenty (20) years of credited | |
257 | 258 | service, | |
258 | 259 | b. "termination date" means the date th e member elects to | |
259 | 260 | participate in the Oklahoma Police Deferred Option | |
260 | 261 | Plan pursuant to this subsecti on, and the date the | |
261 | 262 | member terminates employment with all participat ing | |
262 | 263 | municipalities as an active police officer, such | |
263 | 264 | termination has at all times inclu ded reemployment of | |
264 | 265 | a member by a participating municipality only if such | |
265 | 266 | reemployment is as a polic e chief or in a positio n not | |
266 | 267 | covered under the System, | |
267 | 268 | c. "earlier attained credited service" means the credited | |
268 | - | service earned by a member as of the back d rop date, RBH No. 11250 | |
269 | - | ENGR. H. A. to ENGR. S. B. NO. 1188 Page 6 1 | |
269 | + | service earned by a member as of the back d rop date, | |
270 | + | and earlier attained credited service cannot be | |
271 | + | reduced to less than twenty (20) years of credited | |
272 | + | service, and | |
273 | + | d. "deferred benefit balance" means all month ly | |
274 | + | retirement benefits that would have been payable had RBH No. 11250 | |
275 | + | ||
276 | + | SB1188 HFLR Page 6 | |
277 | + | BOLD FACE denotes Committee Amendments. 1 | |
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294 | - | and earlier attained credited service cannot be | |
295 | - | reduced to less than twenty (20) years of credited | |
296 | - | service, and | |
297 | - | d. "deferred benefit balance" means all month ly | |
298 | - | retirement benefits that would have been payable had | |
299 | 302 | the member elected to cease emplo yment on the back | |
300 | 303 | drop date and receive a service retirement from the | |
301 | 304 | back drop date to the terminat ion date, all of the | |
302 | 305 | member's contributions and one -half (1/2) of the | |
303 | 306 | employer contributions from the back drop date to the | |
304 | 307 | termination date, with interest based on how the | |
305 | 308 | benefit would have accumulated as if the member had | |
306 | 309 | participated in the Oklahoma Po lice Deferred Option | |
307 | - | Plan pursuant to subsections A, B, C, D | |
310 | + | Plan pursuant to subsections A, B, C, D and E of this | |
308 | 311 | section from the back drop date to the termination | |
309 | 312 | date; | |
310 | 313 | 2. At the termination d ate, the monthly pension be nefit shall | |
311 | 314 | be determined based on earlier attained credited service and on the | |
312 | 315 | final average salary as of the back drop date . The member's | |
313 | 316 | individual deferred option account shall be credited with an amount | |
314 | 317 | equal to the deferre d benefit balance; the memb er shall terminate | |
315 | 318 | employment with all participating municipalities as a police officer | |
316 | 319 | and shall start receiving the member's accrued mont hly retirement | |
317 | - | benefit from the System . The provisions of subsections B, C, E, F , RBH No. 11250 | |
318 | - | ENGR. H. A. to ENGR. S. B. NO. 1188 Page 7 1 | |
320 | + | benefit from the System . The provisions of subsections B, C, E, F , | |
321 | + | and G of this section shall apply to this subsection. A member | |
322 | + | shall not participate in the Oklahoma Police Deferred Option Plan | |
323 | + | pursuant to this subsection if the member ha s elected to participate | |
324 | + | in the Oklahoma Police Deferred Option Plan pursuant to subsectio ns | |
325 | + | A, B, C, D, E, and F of this section; and RBH No. 11250 | |
326 | + | ||
327 | + | SB1188 HFLR Page 7 | |
328 | + | BOLD FACE denotes Committee Amendments. 1 | |
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342 | 352 | ||
343 | - | and G of this section shall apply to this subsection. A member | |
344 | - | shall not participate in the Oklahoma Police Deferred Option Plan | |
345 | - | pursuant to this subsection if the member ha s elected to participate | |
346 | - | in the Oklahoma Police Deferred Option Plan pursuant to subsectio ns | |
347 | - | A, B, C, D, E, and F of this section; and | |
348 | 353 | 3. If a member who has not less than twenty (20) years of | |
349 | 354 | creditable service and who is eligible to receive a service | |
350 | 355 | retirement pension dies prior to terminating employment, the | |
351 | 356 | surviving spouse shall be eligib le to elect to receive a benefit | |
352 | 357 | determined as if the member had elected to participate in the | |
353 | 358 | Oklahoma Police Deferred O ption Plan in accordance with this | |
354 | 359 | subsection on the day immediately preceding the death . The | |
355 | 360 | surviving spouse must have been married to the member for the thi rty | |
356 | 361 | (30) continuous months preceding the member's death; provided, the | |
357 | 362 | surviving spouse of a mem ber who died while in, and as a consequence | |
358 | 363 | of, the performance of the member's duty for a participating | |
359 | 364 | municipality shall not be subj ect to the thirty-month marriage | |
360 | 365 | requirement for this election. | |
361 | 366 | SECTION 2. AMENDATORY 11 O.S. 2 021, Section 50-112, is | |
362 | 367 | amended to read as follows: | |
363 | 368 | Section 50-112. A. All persons employed as full-time duly | |
364 | 369 | appointed or elected of ficers who are paid for w orking more than | |
365 | 370 | twenty-five (25) hours per week or any person hired by a | |
366 | - | participating municipa lity who is undergoing police training to RBH No. 11250 | |
367 | - | ENGR. H. A. to ENGR. S. B. NO. 1188 Page 8 1 | |
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391 | - | ||
392 | - | become a permanent police officer of the municipality shall | |
393 | - | participate in the System upon in itial employment with a p olice | |
394 | - | department of a participating municipality. All such persons shall | |
395 | - | submit to a physical -medical examination pertaining to sight, | |
396 | - | hearing, agility and other conditions the requirements of which | |
397 | - | shall be established by the Sta te Board. The person sha ll be | |
398 | - | required to complete this physical-medical examination prior to the | |
399 | - | beginning of actual em ployment. This examination shall identify any | |
400 | - | preexisting conditions. Except as otherwise provided in this | |
401 | - | section, a police officer shall be not less than tw enty-one (21) nor | |
402 | - | more than forty-five (45) years of age when accepted for membership | |
403 | - | in the System. However, if a municipality should be found to be in | |
404 | - | noncompliance with the provisions of Article 50 of this title, as | |
405 | - | determined by the State Board, then any current full-time active | |
406 | - | police officer employed by a municipality as of July 1, 2001, shall | |
407 | - | not be denied eligibility to participate in the Oklahoma Police | |
408 | - | Pension and Retirement System solely due to age. The State Board | |
409 | - | shall have authority to deny or revoke membership of any person | |
410 | - | submitting false information in such person ’s membership | |
411 | - | application. The State Board shall have final authority in | |
412 | - | determining eligibility for membership in the System , pursuant to | |
413 | - | the provisions of this article. | |
414 | - | B. The police chief of any participating municipality may be | |
415 | - | exempt from membership in the System or may become a member provided RBH No. 11250 | |
416 | - | ENGR. H. A. to ENGR. S. B. NO. 1188 Page 9 1 | |
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441 | - | the member is not a retired member and the requirements of this | |
442 | - | section are met at the time of employment. | |
443 | - | C. A member of the Syst em who has attained his or her normal | |
444 | - | retirement date may, if the member so elects, agree to ter minate | |
445 | - | employment and retire as a member of the System and make an election | |
446 | - | to receive distributions from th e System. If a retired mem ber is | |
447 | - | reemployed by a participating municipality in the position of police | |
448 | - | chief or in a position which is not covered b y the System, | |
449 | - | retirement shall include receipt by such retired member of in- | |
450 | - | service distributions from the S ystem. | |
451 | - | D. A former member of the System who termina tes from covered | |
452 | - | employment and who has neither retired from the System nor entered | |
453 | - | the Oklahoma Police Deferred Option Plan and is later employed in a | |
454 | - | covered position with a participating municipality s hall not be | |
455 | - | denied eligibility to become a member of the System because he or | |
456 | - | she is forty-five (45) years of age or older. If such member has | |
457 | - | withdrawn his or her contributions prior to re-entering the System | |
458 | - | and the member desires to receive credit for such prior service, | |
459 | - | then the member shall pay back s uch contributions and interest | |
460 | - | pursuant to Section 50 -111.1 of this title. | |
461 | - | E. Notwithstanding a ny other provision of law to the contrary, | |
462 | - | a municipality that employs two (2) or fewer full-time police | |
463 | - | officers with a population of four thousand five hundre d (4,500) or | |
464 | - | less, according to the latest Federal Decennial Cens us, may employ a RBH No. 11250 | |
465 | - | ENGR. H. A. to ENGR. S. B. NO. 1188 Page 10 1 | |
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490 | - | police officer retired police officers who is are more than forty- | |
491 | - | five (45) years of age and who has never have participated in the | |
492 | - | Oklahoma Police Pension and Retiremen t System, but such police | |
493 | - | officer and are receiving retirement benefits. Such officers shall | |
494 | - | not be eligible to reenter and participate in the System. Such | |
495 | - | police officer shall be counted in the limitation im posed by this | |
496 | - | subsection. Notwithstanding any othe r provisions of law, the State | |
497 | - | Board shall be granted access to information concerning a list of | |
498 | - | actively working police o fficers within the municipalities and | |
499 | - | agencies under the purview provided by the Co uncil on Law | |
500 | - | Enforcement Education and Training. | |
501 | - | SECTION 3. NEW LAW A new section of law to be codified | |
502 | - | in the Oklahoma Statutes as Section 50-112.1 of Title 11, unless | |
503 | - | there is created a duplication in numbering, reads as follows: | |
504 | - | Notwithstanding any other provision of law, any person who is | |
505 | - | receiving retirement benefits from a st ate pension system may be | |
506 | - | hired by a municipality with a population of four thousand five | |
507 | - | hundred (4,500) or less, according to the latest Federal Decennia l | |
508 | - | Census, to fulfill the duties and obligations of a police officer. | |
509 | - | Such persons shall not be subject to the requirements and | |
510 | - | obligations of the Oklahoma Police Pension and Retirement System and | |
511 | - | shall not be eligible to enter into the System. A municipality, as | |
512 | - | described by the provisions of this section , shall be required to | |
513 | - | pay the employee contribution of eight percent (8%) to the Oklahoma RBH No. 11250 | |
514 | - | ENGR. H. A. to ENGR. S. B. NO. 1188 Page 11 1 | |
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539 | - | Police Pension and Retirement System , as prescribed by Section 50- | |
540 | - | 110 of Title 11 of the Oklahoma Statutes , with respect to the | |
541 | - | compensation paid only to retirees who retired from the Okl ahoma | |
542 | - | Police Pension and Retirement System. | |
543 | - | SECTION 4. This act shall become effective July 1, 2022. | |
544 | - | SECTION 5. It being immediately necessary for the preservation | |
545 | - | of the public peace, health or safety, an emergency is her eby | |
546 | - | declared to exist, by reason whereof this act shall take effect and | |
547 | - | be in full force from and after its passage an d approval." | |
548 | - | Passed the House of Representatives the 27th day of April, 2022. | |
549 | - | ||
550 | - | ||
551 | - | ||
552 | - | ||
553 | - | ||
554 | - | Presiding Officer of the House of | |
555 | - | Representatives | |
556 | - | ||
557 | - | ||
558 | - | Passed the Senate the ____ day of _______ ___, 2022. | |
559 | - | ||
560 | - | ||
561 | - | ||
562 | - | ||
563 | - | ||
564 | - | Presiding Officer of the Senate | |
565 | - | RBS No. 3619 | |
566 | - | ||
567 | - | ENGR. S. B. NO. 1188 Page 1 1 | |
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592 | - | ENGROSSED SENATE | |
593 | - | BILL NO. 1188 By: Taylor, Jett, Coleman, | |
594 | - | Kidd, and Bergstrom of the | |
595 | - | Senate | |
596 | - | ||
597 | - | and | |
598 | - | ||
599 | - | Newton and Roberts (Dustin) | |
600 | - | of the House | |
601 | - | ||
602 | - | ||
603 | - | ||
604 | - | An Act relating to state pensions; amending 11 O.S. | |
605 | - | 2021, Section 50-112, which relates to eligibility | |
606 | - | for membership in system; allowing municipalities | |
607 | - | under certain population to hire certain retired | |
608 | - | police officers without reentering system; allowing | |
609 | - | for retired persons to be hired as police officers | |
610 | - | under certain circumstances without entrance into | |
611 | - | system; providing for codification; and providing an | |
612 | - | effective date. | |
613 | - | ||
614 | - | ||
615 | - | ||
616 | - | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
617 | - | SECTION 6. AMENDATORY 1 1 O.S. 2021, Section 50 -112, is | |
618 | - | amended to read as follows: | |
619 | - | Section 50-112. A. All persons employed as full-time duly | |
620 | - | appointed or elected officers who are paid for working more than | |
621 | - | twenty-five (25) hours per week or any person hired by a | |
622 | 371 | participating municipa lity who is undergoing police training to | |
623 | 372 | become a permanent police officer of the municipality shall | |
624 | 373 | participate in the System upon in itial employment with a p olice | |
625 | 374 | department of a participating municipality. All such persons shall | |
626 | 375 | submit to a physical -medical examination pertaining to sight, | |
627 | - | hearing, agility and other conditions the requirements of which | |
376 | + | hearing, agility and other conditions the requirements of which RBH No. 11250 | |
628 | 377 | ||
629 | - | ENGR. S. B. NO. 1188 Page 2 1 | |
378 | + | SB1188 HFLR Page 8 | |
379 | + | BOLD FACE denotes Committee Amendments. 1 | |
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653 | 403 | ||
654 | 404 | shall be established by the Sta te Board. The person sha ll be | |
655 | 405 | required to complete this physical -medical examination prior to the | |
656 | 406 | beginning of actual em ployment. This examination shall identify any | |
657 | 407 | preexisting conditions. Except as otherwise provided in this | |
658 | 408 | section, a police officer shall be not less than tw enty-one (21) nor | |
659 | 409 | more than forty-five (45) years of age when accepted for membership | |
660 | 410 | in the System. However, if a municipality should be found to be in | |
661 | 411 | noncompliance with the provisions of Article 50 of this title, as | |
662 | 412 | determined by the State Board, then any current full-time active | |
663 | 413 | police officer employed by a municipality as of July 1, 2001, shall | |
664 | 414 | not be denied eligibility to participate in the Oklahoma Police | |
665 | 415 | Pension and Retirement System solely due to age. The State Board | |
666 | 416 | shall have authority to deny or revoke membership of any person | |
667 | 417 | submitting false information in such person ’s membership | |
668 | 418 | application. The State Board shall have final authority in | |
669 | 419 | determining eligibility for membership in the System , pursuant to | |
670 | 420 | the provisions of this article. | |
671 | 421 | B. The police chief of any participating municipality may be | |
672 | 422 | exempt from membership in the System or may become a member provided | |
673 | 423 | the member is not a retired member and the requirements of this | |
674 | 424 | section are met at the time of employment. | |
675 | 425 | C. A member of the Syst em who has attained his or her normal | |
676 | 426 | retirement date may, if the member so elects, agree to ter minate | |
677 | - | employment and retire as a member of the System and make an election | |
427 | + | employment and retire as a member of the System and make an election RBH No. 11250 | |
678 | 428 | ||
679 | - | ENGR. S. B. NO. 1188 Page 3 1 | |
429 | + | SB1188 HFLR Page 9 | |
430 | + | BOLD FACE denotes Committee Amendments. 1 | |
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703 | 454 | ||
704 | 455 | to receive distributions from th e System. If a retired mem ber is | |
705 | 456 | reemployed by a participating municipality in the position of police | |
706 | 457 | chief or in a position which is not covered b y the System, | |
707 | 458 | retirement shall include receipt by such retired member of in- | |
708 | 459 | service distributions from the S ystem. | |
709 | 460 | D. A former member of the System who termina tes from covered | |
710 | 461 | employment and who has neither retired from the System nor entered | |
711 | 462 | the Oklahoma Police Deferred Option Plan and is later employed in a | |
712 | 463 | covered position with a participating municipality s hall not be | |
713 | 464 | denied eligibility to become a member of the System because he or | |
714 | 465 | she is forty-five (45) years of age or older. If such member has | |
715 | 466 | withdrawn his or her contributions prior to re-entering the System | |
716 | 467 | and the member desires to receive credit for such prior service, | |
717 | 468 | then the member shall pay back s uch contributions and interest | |
718 | 469 | pursuant to Section 50 -111.1 of this title. | |
719 | 470 | E. Notwithstanding a ny other provision of law to the contrary, | |
720 | 471 | a municipality that employs two (2) or fewer full-time police | |
721 | 472 | officers with a population of four thousand five hundre d (4,500) or | |
722 | 473 | less, according to the latest Federal Decennial Cens us, may employ a | |
723 | 474 | police officer retired police officers who is are more than forty- | |
724 | 475 | five (45) years of age and who has never have participated in the | |
725 | - | Oklahoma Police Pension and Retiremen t System, | |
726 | - | retirement benefits. | |
727 | - | not be eligible to reenter and participate in the System. Such | |
476 | + | Oklahoma Police Pension and Retiremen t System, but such police | |
477 | + | officer and are receiving retirement benefits. Such officers shall | |
478 | + | not be eligible to reenter and participate in the System. Such RBH No. 11250 | |
728 | 479 | ||
729 | - | ENGR. S. B. NO. 1188 Page 4 1 | |
480 | + | SB1188 HFLR Page 10 | |
481 | + | BOLD FACE denotes Committee Amendments. 1 | |
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754 | 506 | police officer shall be counted in the limitation im posed by this | |
755 | 507 | subsection. Notwithstanding any othe r provisions of law, the State | |
756 | 508 | Board shall be granted access to information concerning a list of | |
757 | 509 | actively working police o fficers within the municipalities and | |
758 | 510 | agencies under the purview provided by the Co uncil on Law | |
759 | 511 | Enforcement Education and Training. | |
760 | - | SECTION | |
761 | - | in the Oklahoma Statutes as Section 112.1 of Title 11, unless | |
762 | - | is created a duplication in numbering, reads as follows: | |
512 | + | SECTION 3. NEW LAW A new section of law to be codified | |
513 | + | in the Oklahoma Statutes as Section 50-112.1 of Title 11, unless | |
514 | + | there is created a duplication in numbering, reads as follows: | |
763 | 515 | Notwithstanding any other provision of law, any person who is | |
764 | 516 | receiving retirement benefits from a st ate pension system may be | |
765 | 517 | hired by a municipality with a population of four thousand five | |
766 | 518 | hundred (4,500) or less, according to the latest Federal Decennia l | |
767 | 519 | Census, to fulfill the duties and obligations of a police officer. | |
768 | 520 | Such persons shall not be subject to the requirements and | |
769 | - | obligations of the Oklahoma Police Pension Retirement System and | |
521 | + | obligations of the Oklahoma Police Pension and Retirement System and | |
770 | 522 | shall not be eligible to enter into the System. | |
771 | - | SECTION | |
523 | + | SECTION 4. This act shall become effective No vember 1, 2022. | |
772 | 524 | ||
773 | - | ENGR. S. B. NO. 1188 Page 5 1 | |
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797 | - | ||
798 | - | Passed the Senate the 8th day of March, 2022. | |
799 | - | ||
800 | - | ||
801 | - | ||
802 | - | Presiding Officer of the Sen ate | |
803 | - | ||
804 | - | ||
805 | - | Passed the House of Representatives the ____ day of __________, | |
806 | - | 2022. | |
807 | - | ||
808 | - | ||
809 | - | ||
810 | - | Presiding Officer of the House | |
811 | - | of Representatives | |
812 | - | ||
813 | - | ||
525 | + | COMMITTEE REPORT BY: COMMITTEE ON COUNTY AND MUNICIPAL GOVERNMENT, | |
526 | + | dated 04/05/2022 - DO PASS, As Amended. |