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Oklahoma Senate Bill SB267

Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB267 Compare Versions

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2-RBS No. 340
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4-An Act
5-ENROLLED SENATE
6-BILL NO. 267 By: Pemberton, Jech, Pederson
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28+ENGROSSED HOUSE AMENDME NT
29+ TO
30+ENGROSSED SENATE BILL NO . 267 By: Pemberton, Jech, Pederson
731 and Stephens of the Senate
832
933 and
1034
11- Nollan, Fugate, Provenzano
12-and Phillips of the House
35+ Nollan of the House
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1741 An Act relating to teacher retirement; amending 70
1842 O.S. 2011, Section 17 -116.10, as last amended by
1943 Section 2, Chapter 270, O.S.L. 2017 (70 O.S. Supp.
2044 2020, Section 17-116.10), which relates to
2145 postretirement employment; authorizing certain
2246 retired members to return to employment in public
2347 schools during certain time period with no earning
24-limitations; providing an effective date; and
25-declaring an emergency.
48+limitations.
2649
2750
2851
29-SUBJECT: Teacher retirement requirements
52+AUTHORS: Add the following House Coauthor s: Fugate, Provenzano and
53+Phillips
54+
55+AMENDMENT NO. 1. Page 7, line 5 1/2, insert new Sections 2 and 3 to
56+read as follows:
57+
58+"SECTION 2. This act shall become effective July 1, 2021.
59+SECTION 3. It being immediately necessary for the preservation
60+of the public peace, health or safety, an emergency is hereby
61+declared to exist, by reason whereof this act shall take effect and
62+be in full force from and after its passage and approval."
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89+Passed the House of Representatives the 12th day of April, 2021.
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95+Presiding Officer of the House of
96+ Representatives
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99+Passed the Senate the ____ day of __________, 2021.
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105+Presiding Officer of the Senate
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107+ RBS No. 340
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134+ENGROSSED SENATE
135+BILL NO. 267 By: Pemberton, Jech, Pederson
136+and Stephens of the Senate
137+
138+ and
139+
140+ Nollan of the House
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143+
144+
145+
146+An Act relating to teacher retirement; amending 70
147+O.S. 2011, Section 17 -116.10, as last amended by
148+Section 2, Chapter 270, O.S.L. 2017 (70 O.S. Supp.
149+2020, Section 17-116.10), which relates to
150+postretirement employment; authorizing certain
151+retired members to return to employment in public
152+schools during certain time period with no earning
153+limitations.
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30157
31158 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
32-
33159 SECTION 1. AMENDATORY 70 O.S. 2011, Section 17 -116.10,
34160 as last amended by Section 2, Chapter 270, O.S.L. 2017 (70 O.S.
35161 Supp. 2020, Section 17 -116.10), is amended to read as follows:
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37162 Section 17-116.10. A. Subject to the requirements of Section
38163 6-101.2 of this title and any other applicable requirements of law,
39164 a member may enter into postretirement employment with a public
40165 school of Oklahoma and still receive monthly retirement benefits
41166 subject to the following limitations:
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43167 1. A retired member is not eligible to be employed by t he
44168 public schools of Oklahoma, in any capacity, for sixty (60) calendar
45-days between the retiree 's last day of preretirement public
46-education employment and any postretirement public education RBS No. 340
169+days between the retiree's last day of preretirement public RBS No. 340
47170
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196+education employment and any postretirement public education
49197 employment. For purposes of this section, the term "last day o f
50198 preretirement employment" shall mean the last day the employee is
51199 required to be physically present on the job to complete the terms
52200 of the employment contract or agreement. An employee on paid leave
53201 is still considered to be employed for purposes of th is section.
54202 Employment under any conditions during this time, volunteer services
55203 for the purpose of obtaining a paid position at a later date, or
56204 payment at a later time for services performed during this time
57205 period shall cause the forfeiture of all reti rement benefits
58206 received during the period;
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60207 2. Unless otherwise provided in paragraph 3 of this subsection,
61208 earnings from the public schools may not exceed one -half (1/2) of
62209 the member's final average salary used in computing retirement
63210 benefits, or the Earnings Limitation for employees allowed by the
64211 Social Security Administration, whichever is less. For retired
65212 members under the age of sixty -two (62) years, the limit on allowed
66213 earnings from the public schools of Oklahoma for employment for the
67214 performance of duties ordinarily performed by classified or
68215 nonclassified personnel shall be the lesser of Fifteen Thousand
69216 Dollars ($15,000.00) or one -half (1/2) of the member's final average
70217 salary used in computing retirement benefits unless the earnings
71218 limitation allowed by the Social Security Administration would be
72-greater than Fifteen Thousand Dollars ($15,000.00). For retired
219+greater than Fifteen Thousand Dollars ($15,000.00). For retired RBS No. 340
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73246 members sixty-two (62) years of age or older the limit on allowed
74247 earnings from the public schools of Oklahoma for the performance of
75248 duties ordinarily performed by classified or nonclassified personnel
76249 shall be the lesser of Thirty Thousand Dollars ($30,000.00) or one -
77250 half (1/2) of the member's final average salary used in computing
78251 retirement benefits. For purposes of this paragrap h, the following
79252 shall apply:
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81253 a. earnings shall mean "regular annual compensation" as
82254 defined in paragraph (25) of Section 17 -101 of this
83255 title, and shall include any payment by a public
84256 school for services rendered by a retired member who
85257 is employed for any purpose whatsoever. Supplemental
86258 retirement payments paid by a former public school
87259 employer pursuant to subsection 9 of Section 17 -105 of
88260 this title or other state law shall not be considered
89261 as earnings,
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93262 b. the Earnings Limitation for employees allo wed by the
94263 Social Security Administration to workers between the
95264 age of sixty-two (62) years and sixty -five (65) years
96265 shall apply to retired members below the age of sixty -
97266 two (62) years,
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99267 c. the limit on allowed earnings from the public schools
100268 shall be automatically adjusted effective the first
101-day of January of each year to reflect the current
269+day of January of each year to reflect the current RBS No. 340
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102296 Earnings Limitation for employees as determined from
103297 time to time by the Social Security Administration,
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105298 d. the earnings limit for the calendar year in which a
106299 member retires shall be one -twelfth (1/12) of the
107300 annual limit multiplied by the number of months the
108301 member is eligible to work and receive payments from
109302 the public schools of Oklahoma,
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111303 e. earnings in excess of the maximum limit on allowed
112304 earnings from public schools of Oklahoma shall result
113305 in a loss of future retirement benefits for the year
114306 the postretirement employment was performed of One
115307 Dollar ($1.00) for each One Dollar ($1.00) earned over
116308 the maximum allowed earnings amount,
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118309 f. for those members age seventy (70) years and over, the
119310 earnings in excess of the maximum limit allowed
120311 earnings from public schools of Oklahoma shall be one -
121312 half (1/2) the member's final average salary used in
122313 computing retirement benefits. However, any retired
123314 member receiving benefits from the Retirement System
124315 who reached age seventy (70) years prior to July 1,
125316 1991, shall not be restricted by the earnings limits
126317 pursuant to this subparagraph until January 1, 1994.
127318 To qualify for the provisions of this subparagraph,
128-the member must be employed less than one -half (1/2)
319+the member must be employed less than one -half (1/2) RBS No. 340
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129346 time compared to other full -time employees in similar
130347 positions;
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132348 3. Notwithstanding paragraph 2 of this subsection, a retired
133349 classified or nonclassified member who has been retired for thirty -
134-six (36) or more months and who is employed by a public school to RBS No. 340
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136-ENR. S. B. NO. 267 Page 4
350+six (36) or more months and who is employed by a public school to
137351 perform duties ordinarily performed by classified or nonclassified
138352 personnel shall be able to receive annualized earnings from the
139353 public school with no reduction in retirement benefits regardless of
140354 the amount of annualized earnings. For a period of three (3) years
141355 beginning July 1, 2017, members who have retired as of July 1, 2017,
142356 as active classroom teachers, who have been retired and receiving a
143357 benefit for at least one (1) year, and who have not been employed by
144358 any public school during that one -year period, shall be eligible to
145359 be reemployed as an active classroom teacher in common or career
146360 tech school districts, with no limitations on earnings. For a
147361 period of three (3) years beginning July 1, 202 1, members who have
148362 retired as of July 1, 2020, who have been retired and receiving a
149363 benefit for at least one (1) year, and who have not been employed by
150364 any public school during that one -year period, shall be eligible to
151365 be reemployed as an active classr oom teacher in common or career
152366 tech school districts, with no limitations on earnings. The one-
153367 year period starts with the retiree's last day of preretirement
154368 public education employment. Members returning under this section
155-shall not be subject to any earning limitations following the end of
369+shall not be subject to any earning limitations following the end of RBS No. 340
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156396 the three-year period periods described in this paragraph. Members
157397 returning under this section shall only be employed pursuant to a
158398 temporary contract; and
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160399 4. A member shall be considered to be employed by a scho ol
161400 district to perform the duties ordinarily performed by classified or
162401 nonclassified personnel if the member is hired by the school
163402 district in the member's individual capacity to perform the duties
164403 or if the member performs the duties through employment with a
165404 proprietorship, partnership, corporation, limited liability company
166405 or partnership, or any other business structure that has agreed or
167406 contracted to provide the services to the school district.
168-
169407 B. A public school district that employs a retired mem ber shall
170408 be required to make contributions to the System for the retired
171409 member in an amount as required in Section 17 -108.1 and in paragraph
172410 3 of subsection B of Section 17 -116.2 of this title.
173-
174411 C. For purposes of this section, postretirement employment of
175412 less than one thousand (1,000) hours per year with the Governor, the
176413 State Senate, the House of Representatives or the Legislative
177414 Service Bureau shall not be considered as postretirement employment
178-with a public school of Oklahoma. RBS No. 340
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180-ENR. S. B. NO. 267 Page 5
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415+with a public school of Oklahoma.
182416 D. The Board of Tru stees of the Teachers' Retirement System of
183417 Oklahoma shall promulgate such rules as are necessary to implement
184-the provisions of this section.
418+the provisions of this section. RBS No. 340
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186445 E. A member who has entered into postretirement employment with
187446 a participating employer of the Teachers' Retire ment System of
188447 Oklahoma must fully comply with all the provisions of the rules
189448 promulgated by the Board of Trustees pursuant to this section in
190449 order to continue receiving his or her monthly retirement benefit.
191-
192-SECTION 2. This act shall become effective July 1, 2021.
193-
194-SECTION 3. It being immediately necessary for the preservation
195-of the public peace, health or safety, an emergency is hereby
196-declared to exist, by reason whereof this act shall take effect and
197-be in full force from and after its passage and app roval.
198- RBS No. 340
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200-ENR. S. B. NO. 267 Page 6
201-Passed the Senate the 28th day of April, 2021.
450+Passed the Senate the 3rd day of March, 2021.
202451
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204453
205454 Presiding Officer of the Senate
206455
207456
208-Passed the House of Representatives the 12th day of April, 2021.
457+Passed the House of Representatives the ____ day of __________,
458+2021.
209459
210460
211461
212462 Presiding Officer of the House
213463 of Representatives
214464
215-OFFICE OF THE GOVERNOR
216-Received by the Office of the Governor this _______ _____________
217-day of _________________ __, 20_______, at _______ o'clock _______ M.
218-By: _______________________________ __
219-Approved by the Governor of the State of Oklahoma this _____ ____
220-day of _________________ __, 20_______, at _______ o'clock _______ M.
221465
222- _________________________________
223- Governor of the State of Oklahoma
224-
225-
226-OFFICE OF THE SECRETARY OF STATE
227-Received by the Office of the Secretary of State this _______ ___
228-day of __________________, 20 _______, at _______ o' clock _______ M.
229-By: _______________________________ __