34 | 27 | | |
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35 | 28 | | ENGROSSED SENATE |
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36 | 29 | | BILL NO. 318 By: Taylor of the Senate |
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37 | 30 | | |
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38 | 31 | | and |
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39 | 32 | | |
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40 | 33 | | Ford of the House |
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41 | 34 | | |
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42 | 35 | | |
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43 | 36 | | |
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44 | 37 | | |
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45 | 38 | | An Act relating to police retirement; amending 11 |
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46 | 39 | | O.S. 2021, Section 50-112, which relates to |
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47 | 40 | | eligibility; updating statutory reference; modifying |
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48 | 41 | | age range for eligibility of certain members in the |
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49 | 42 | | System; and providing an effective da te. |
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50 | 43 | | |
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51 | 44 | | |
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52 | 45 | | |
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53 | 46 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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54 | 47 | | SECTION 1. AMENDATORY 11 O.S. 2021, Section 50-112, is |
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55 | 48 | | amended to read as follows: |
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56 | 49 | | Section 50-112. A. All persons employe d as full-time duly |
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57 | 50 | | appointed or elected officers who are paid for working more than |
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58 | 51 | | twenty-five (25) hours per week or any person hired by a |
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59 | 52 | | participating municipality who is undergoing police training to |
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60 | 53 | | become a permanent police officer of the municipal ity shall |
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61 | 54 | | participate in the Oklahoma Police Pension and Retirement System |
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62 | 55 | | upon initial employment with a police department of a participating |
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63 | 56 | | municipality. All such persons shall submit to a physical -medical |
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95 | 87 | | examination prior to the beginning of actual employmen t. This |
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96 | 88 | | examination shall identify any preexi sting conditions. Except as |
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97 | 89 | | otherwise provided in this section, a police officer shall be not |
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98 | 90 | | less than twenty-one (21) nor more than forty-five (45) fifty (50) |
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99 | 91 | | years of age when accepted for membership in the System. However, |
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100 | 92 | | if a municipality should be found to be in noncompliance with the |
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101 | 93 | | provisions of Article 50 of this title, as determined by the State |
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102 | 94 | | Board, then any current full-time active police off icer employed by |
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103 | 95 | | a municipality as of July 1, 2001, sh all not be denied eligibility |
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104 | 96 | | to participate in the Oklahoma Police Pension and Retirement System |
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105 | 97 | | solely due to age. The State Board shall have authority to deny or |
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106 | 98 | | revoke membership of any person subm itting false information in such |
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107 | 99 | | person's membership application. The State Board shall have final |
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108 | 100 | | authority in determining eligibility for membership in the System, |
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109 | 101 | | pursuant to the provisions of this article. |
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110 | 102 | | B. The police chief of any participating mun icipality may be |
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111 | 103 | | exempt from membership in the System or may become a member provided |
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112 | 104 | | the member is not a retired member and the requirements of this |
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113 | 105 | | section are met at the time of employment. |
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114 | 106 | | C. A member of the System who has a ttained his or her normal |
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146 | 137 | | chief or in a position which is not covere d by the System, |
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147 | 138 | | retirement shall include rec eipt by such retired member of in - |
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148 | 139 | | service distributions from the System. |
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149 | 140 | | D. A former member of the System who terminates from cov ered |
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150 | 141 | | employment and who has neither retired from the System nor entered |
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151 | 142 | | the Oklahoma Police Deferred Option Plan and is later employed in a |
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152 | 143 | | covered position with a participating municipality shall not be |
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153 | 144 | | denied eligibility to become a member of the System because he or |
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154 | 145 | | she is forty-five (45) fifty (50) years of age or older. If such |
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155 | 146 | | member has withdrawn his or her contributions prior to re-entering |
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156 | 147 | | the System and the member desires to receive credit for such prior |
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157 | 148 | | service, then the member shall pay back su ch contributions and |
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158 | 149 | | interest pursuant to Section 50-111.1 of this title. |
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159 | 150 | | E. Notwithstanding any other provision of law to th e contrary, |
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160 | 151 | | a municipality that employs two (2) or fewer full -time police |
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161 | 152 | | officers may employ a police officer who is more than forty-five |
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162 | 153 | | (45) fifty (50) years of age and who has never participated in the |
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163 | 154 | | Oklahoma Police Pension and Retire ment System, but such police |
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164 | 155 | | officer shall not be eligible to participate in the System. Such |
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165 | 156 | | police officer shall be counted in the limitation i mposed by this |
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