Req. No. 2726 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 58th Legislature (2022) SENATE BILL 1601 By: Rader AS INTRODUCED An Act relating to county employee pension funding; amending 19 O.S. 2021, Sections 954 , 957-1, 960, and 961, which relate to maximum contributions for certain entities and payment of certain employer contributions from court funds ; authorizing a one- time lump sum contribution in certain circumstances; modifying amount county and court fund may pay into county retirement system; modifying l imit of certain total contribution; deleting obsolete language; updating statutory reference; clarifying language; providing an effective date; and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 19 O.S. 2021, Section 954, is amended to read as follows: Section 954. It shall be the mandatory duty of the board of county commissioners of any county esta blishing a retirement fund and system to appropriate annually, for t he sole use of the retirement fund within its general fund and subject to the approval of the county excise board, a sum which shall be equal to or exceed the contributions made to the ret irement fund by the employees. Such appropriation shall not exceed the sum of the current annual Req. No. 2726 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 salaries of all employees to be covered in the following percentages: July 1, 2007 – June 30, 2008 13 1/2% July 1, 2008 – June 30, 2009 14 1/2% July 1, 2009 – June 30, 2010 15 1/2% July 1, 2010 – June 30, 2019 16 1/2% July 1, 2019 - June 30, 2020 and each year thereafter 18 1/2% Beginning July 1, 2019, the total employer and employee contributions shall not exceed eighteen and one -half percent (18.5%) of the monthly compensation of each member. The governing body of the participating employers listed in this section may vary the percentage contribution of the employer and employee, provided the total percentage contributed by the employer and employee equals th e total percentage contribution required by this section. Payment o f such shall be paid to the fund upon verifie d claims by the treasurer of the fund approved by the board of trustees and attested by its clerk. For any contribution made on or after July 1, 2021, to June 30, 2022, of less than eighteen and one-half percent (18.5%), an employer may retroactively make a one -time lump sum contribution of an amount equal to the difference between the actual total contribution that was made and the total contri bution amount equal to eighteen and one-half percent (18.5%). Req. No. 2726 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 2. AMENDATORY 19 O.S. 2021, Section 957 -1, is amended to read as follows: Section 957-1. The county commissioners of any county establishing a drainage district or districts, an d establishing a county retirement system, in addi tion to the duties and authority now provided by law, are hereby authorized to pay into the retirement system of such county for the use and benefit o f the employees eligible for retirement benefits, such a mounts as the said board of county commissioners m ay authorize by resolution not exceeding the current annual salaries of all employees to be covered in the following percentages: July 1, 2009 - June 30, 2010 15 1/2% July 1, 2010 - June 30, 2011 and each year thereafter 16 1/2% Beginning July 1, 2009, the total employer and employee contributions shall not exceed sixteen and one -half percent (16.5%) of the monthly compensation of each member. Provided further, that drainage district employees becoming qual ified by this act shall be credited as to eligibil ity for the full time of their county employment; and, provided further, in the event of retroactive eligibility such employees shall be required to p ay into the retirement system fund an amount equal to th at which would have otherwise been paid by such em ployees in order to gain credit for such time of employment. whose salaries are paid either in whole or Req. No. 2726 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 in part out of the drainage district funds. The total employer and employee contributions shall not exceed the percentages of the monthly compensation of each member set forth in Section 954 of this title. SECTION 3. AMENDATORY 19 O.S. 2021, Section 960, is amended to read as follows: Section 960. A. In addition to all other i tems which are now or may hereafter be authorized to be paid from the court fund, it shall be the mandatory duty of the governing board of the court fund to pay annually for the sole use of the retirement system a sum equal to the contributions made to the retirement fund by the employees, but not to exce ed the following percentages of the current annual salaries , established in Section 954 of this title, of all employees whose salaries are paid eit her in whole or in part out of the court funds of such coun ty:. July 1, 2009 - June 30, 2010 15 1/2% July 1, 2010 - June 30, 2011 and each year thereafter 16 1/2% Beginning July 1, 2009, the total employer and empl oyee contributions shall not exceed sixteen and one-half percent (16.5%) of the monthly compensation of each member. The total employer and employee contributions shall not exceed the percentages of the monthly compensation of each member set forth in Sec tion 954 of this title. Req. No. 2726 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B. It shall be the mandatory duty of the gove rning board of the court fund to pay annually from the court fund to a county retirement system which is not a participant in the Oklaho ma Public Employees Retirement System, the employ er's contribution for that court reporter who pursuant to the provision s of Section 106.8 of Title 20 of the Oklahoma Statutes , exercised his or her option to continue as a member of the county retirement sy stem following January 13, 1969. The contributio ns to be so paid shall be limited to the amount provided for in subsect ion A of this section. The provisions of this subsection shall operate retroact ively to take effect on and after January 13, 1969. SECTION 4. AMENDATORY 19 O.S. 2021, Section 961, is amended to read as follows: Section 961. In addition to all other items whi ch are now or may hereafter be authorized to be pa id from the Law Library Fund, it shall be the mandatory duty of the trustee s of the Law Library Fund to pay annually for the sole use of the retirement system a sum equal to the contributions made to the Retirement Fund retirement fund by the employees, bu t not to exceed the following percentages of the current annual salaries , established in Section 954 of this title, of all employees whose salaries are paid either in whole or in part out of the Law Library Fund of such county.: July 1, 2009 - June 30, 2010 15 1/2% Req. No. 2726 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 July 1, 2010 - June 30, 2011 and each year thereafter 16 1/2% Beginning July 1, 20 09, the total employer and employee contributions shall not exceed sixteen and one -half percent (16.5%) of the monthly compensation of each member . The total employer and employee contributions shall not exceed the percentages of the monthly compensation of each member set forth in Section 95 4 of this title. SECTION 5. This act shall become effective July 1, 2022. SECTION 6. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by r eason whereof this act shall take effect and be in full force from and after its passage and approval. 58-2-2726 RJ 1/20/2022 2:14:19 PM