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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
ENGROSSED SENATE
BILL NO. 1601 By: Rader of the Senate
and
Bush of the House
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 the sole use of the
retirement fund within its general fund and subject to the approval
of the county excise board, a sum w hich shall be equal to or exceed
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the contributions made to the ret irement fund by the employees.
Such appropriation shall not exceed the sum of the current annual
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 list ed 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 of
such shall be paid t o the fund upon verified claims by the treasurer
of the fund approved by the board of trustees and a ttested 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 betwee n the actual total
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contribution that was made and the total contri bution amount equal
to eighteen and one-half percent (18.5%).
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, and establishing a
county retirement system, in addition to the duties and authority
now provided by law, are hereby authorized to pay into the
retirement system of such coun ty for the use and benefit o f the
employees eligible for retirement benefits, such amounts as the said
board of county commissioners may authorize by resolu tion not
exceeding the current annual salaries of all employees to be covered
in the following perce ntages:
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 em ployee
contributions shall not exceed sixteen and one -half percent (16.5%)
of the monthly compensati on of each member. Provided further, that
drainage district employe es becoming qualified by this act shall be
credited as to eligibility for the full time of their county
employment; and, provided further, in the event of retroactive
eligibility such empl oyees shall be required to p ay into the
retirement system fund an am ount equal to that which would have
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otherwise been paid by such employees in order to ga in credit for
such time of employment. whose salaries are paid either in whole or
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, Sect ion 960, is
amended to read as follows:
Section 960. A. In addition to all other items which are now
or may hereafter be authorized to be paid from the cou rt 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 exceed 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 county:.
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
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monthly compensation of each member set forth in Sec tion 954 of this
title.
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 Oklahoma 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 system 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 retroactively 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 o ther items which are now or
may hereafter be authorized to be paid 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, but 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.:
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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, 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 954 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 reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON BANKING, FINANCIAL SERVICES AND
PENSIONS, dated 04/04/2022 - DO PASS.