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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 267 By: Pemberton, Jech, Pederson
and Stephens of the Senate
and
Nollan of the House
An Act relating to teacher retirement; amending 70
O.S. 2011, Section 17 -116.10, as last amended by
Section 2, Chapter 270, O.S.L. 2017 (70 O.S. Supp.
2020, Section 17-116.10), which relates to
postretirement employment; authorizing certain
retired members to return to employment in public
schools during certain time period with no earning
limitations.
AUTHORS: Add the following House Coauthor s: Fugate, Provenzano and
Phillips
AMENDMENT NO. 1. Page 7, line 5 1/2, insert new Sections 2 and 3 to
read as follows:
"SECTION 2. This act shall become effective July 1, 2021.
SECTION 3. 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."
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Passed the House of Representatives the 12th day of April, 2021.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of __________, 2021.
Presiding Officer of the Senate
RBS No. 340
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ENGROSSED SENATE
BILL NO. 267 By: Pemberton, Jech, Pederson
and Stephens of the Senate
and
Nollan of the House
An Act relating to teacher retirement; amending 70
O.S. 2011, Section 17 -116.10, as last amended by
Section 2, Chapter 270, O.S.L. 2017 (70 O.S. Supp.
2020, Section 17-116.10), which relates to
postretirement employment; authorizing certain
retired members to return to employment in public
schools during certain time period with no earning
limitations.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2011, Section 17 -116.10,
as last amended by Section 2, Chapter 270, O.S.L. 2017 (70 O.S.
Supp. 2020, Section 17 -116.10), is amended to read as follows:
Section 17-116.10. A. Subject to the requirements of Section
6-101.2 of this title and any other applicable requirements of law,
a member may enter into postretirement employment with a public
school of Oklahoma and still receive monthly retirement benefits
subject to the following limitations:
1. A retired member is not eligible to be employed by t he
public schools of Oklahoma, in any capacity, for sixty (60) calendar
days between the retiree's last day of preretirement public RBS No. 340
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education employment and any postretirement public education
employment. For purposes of this section, the term "last day o f
preretirement employment" shall mean the last day the employee is
required to be physically present on the job to complete the terms
of the employment contract or agreement. An employee on paid leave
is still considered to be employed for purposes of th is section.
Employment under any conditions during this time, volunteer services
for the purpose of obtaining a paid position at a later date, or
payment at a later time for services performed during this time
period shall cause the forfeiture of all reti rement benefits
received during the period;
2. Unless otherwise provided in paragraph 3 of this subsection,
earnings from the public schools may not exceed one -half (1/2) of
the member's final average salary used in computing retirement
benefits, or the Earnings Limitation for employees allowed by the
Social Security Administration, whichever is less. For retired
members under the age of sixty -two (62) years, the limit on allowed
earnings from the public schools of Oklahoma for employment for the
performance of duties ordinarily performed by classified or
nonclassified personnel shall be the lesser of Fifteen Thousand
Dollars ($15,000.00) or one -half (1/2) of the member's final average
salary used in computing retirement benefits unless the earnings
limitation allowed by the Social Security Administration would be
greater than Fifteen Thousand Dollars ($15,000.00). For retired RBS No. 340
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members sixty-two (62) years of age or older the limit on allowed
earnings from the public schools of Oklahoma for the performance of
duties ordinarily performed by classified or nonclassified personnel
shall be the lesser of Thirty Thousand Dollars ($30,000.00) or one -
half (1/2) of the member's final average salary used in computing
retirement benefits. For purposes of this paragrap h, the following
shall apply:
a. earnings shall mean "regular annual compensation" as
defined in paragraph (25) of Section 17 -101 of this
title, and shall include any payment by a public
school for services rendered by a retired member who
is employed for any purpose whatsoever. Supplemental
retirement payments paid by a former public school
employer pursuant to subsection 9 of Section 17 -105 of
this title or other state law shall not be considered
as earnings,
b. the Earnings Limitation for employees allo wed by the
Social Security Administration to workers between the
age of sixty-two (62) years and sixty -five (65) years
shall apply to retired members below the age of sixty -
two (62) years,
c. the limit on allowed earnings from the public schools
shall be automatically adjusted effective the first
day of January of each year to reflect the current RBS No. 340
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Earnings Limitation for employees as determined from
time to time by the Social Security Administration,
d. the earnings limit for the calendar year in which a
member retires shall be one -twelfth (1/12) of the
annual limit multiplied by the number of months the
member is eligible to work and receive payments from
the public schools of Oklahoma,
e. earnings in excess of the maximum limit on allowed
earnings from public schools of Oklahoma shall result
in a loss of future retirement benefits for the year
the postretirement employment was performed of One
Dollar ($1.00) for each One Dollar ($1.00) earned over
the maximum allowed earnings amount,
f. for those members age seventy (70) years and over, the
earnings in excess of the maximum limit allowed
earnings from public schools of Oklahoma shall be one -
half (1/2) the member's final average salary used in
computing retirement benefits. However, any retired
member receiving benefits from the Retirement System
who reached age seventy (70) years prior to July 1,
1991, shall not be restricted by the earnings limits
pursuant to this subparagraph until January 1, 1994.
To qualify for the provisions of this subparagraph,
the member must be employed less than one -half (1/2) RBS No. 340
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time compared to other full -time employees in similar
positions;
3. Notwithstanding paragraph 2 of this subsection, a retired
classified or nonclassified member who has been retired for thirty -
six (36) or more months and who is employed by a public school to
perform duties ordinarily performed by classified or nonclassified
personnel shall be able to receive annualized earnings from the
public school with no reduction in retirement benefits regardless of
the amount of annualized earnings. For a period of three (3) years
beginning July 1, 2017, members who have retired as of July 1, 2017,
as active classroom teachers, who have been retired and receiving a
benefit for at least one (1) year, and who have not been employed by
any public school during that one -year period, shall be eligible to
be reemployed as an active classroom teacher in common or career
tech school districts, with no limitations on earnings. For a
period of three (3) years beginning July 1, 202 1, members who have
retired as of July 1, 2020, who have been retired and receiving a
benefit for at least one (1) year, and who have not been employed by
any public school during that one -year period, shall be eligible to
be reemployed as an active classr oom teacher in common or career
tech school districts, with no limitations on earnings. The one-
year period starts with the retiree's last day of preretirement
public education employment. Members returning under this section
shall not be subject to any earning limitations following the end of RBS No. 340
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the three-year period periods described in this paragraph. Members
returning under this section shall only be employed pursuant to a
temporary contract; and
4. A member shall be considered to be employed by a scho ol
district to perform the duties ordinarily performed by classified or
nonclassified personnel if the member is hired by the school
district in the member's individual capacity to perform the duties
or if the member performs the duties through employment with a
proprietorship, partnership, corporation, limited liability company
or partnership, or any other business structure that has agreed or
contracted to provide the services to the school district.
B. A public school district that employs a retired mem ber shall
be required to make contributions to the System for the retired
member in an amount as required in Section 17 -108.1 and in paragraph
3 of subsection B of Section 17 -116.2 of this title.
C. For purposes of this section, postretirement employment of
less than one thousand (1,000) hours per year with the Governor, the
State Senate, the House of Representatives or the Legislative
Service Bureau shall not be considered as postretirement employment
with a public school of Oklahoma.
D. The Board of Tru stees of the Teachers' Retirement System of
Oklahoma shall promulgate such rules as are necessary to implement
the provisions of this section. RBS No. 340
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E. A member who has entered into postretirement employment with
a participating employer of the Teachers' Retire ment System of
Oklahoma must fully comply with all the provisions of the rules
promulgated by the Board of Trustees pursuant to this section in
order to continue receiving his or her monthly retirement benefit.
Passed the Senate the 3rd day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives