RBS No. 327
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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
ENGROSSED SENATE
BILL NO. 318 By: Taylor of the Senate
and
Ford of the House
An Act relating to police retirement; amending 11
O.S. 2021, Section 50-112, which relates to
eligibility; updating statutory reference; modifying
age range for eligibility of certain members in the
System; and providing an effective da te.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2021, Section 50-112, is
amended to read as follows:
Section 50-112. A. All persons employe d as full-time duly
appointed or elected officers who are paid for working more than
twenty-five (25) hours per week or any perso n hired by a
participating municipality who is undergoing police training to
become a permanent police officer of the municipal ity shall
participate in the Oklahoma Police Pension and Retirement System
upon initial employment with a police department of a participating
municipality. All such persons shall submit to a physical -medical
examination pertaining to sight, hearing, agil ity and other RBS No. 327
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conditions the requirements of which shall be established by the
State Board Oklahoma Police Pension and Retirement Board. The
person shall be required to compl ete this physical-medical
examination prior to the beginning of actual employmen t. This
examination shall identify any preexi sting conditions. Except as
otherwise provided in this section, a police officer sh all be not
less than twenty-one (21) nor more than forty-five (45) fifty (50)
years of age when accepted for membership in the System. However,
if a municipality should be found to be in noncompliance with the
provisions of Article 50 of this title, as de termined by the State
Board, then any current full-time active police off icer employed by
a municipality as of July 1, 2001, sh all not be denied eligibility
to participate in the Oklahoma Police Pension and Retirement System
solely due to age. The State B oard shall have authority to deny or
revoke membership of any person subm itting false information in such
person's membership application. The State Board shall have final
authority in determining eligibility for membership in the System,
pursuant to the provisions of this article.
B. The police chief of any participating mun icipality may be
exempt from membership in the System or may become a member provided
the member is not a retired member and the requirements of this
section are met at the time of em ployment.
C. A member of the System who has a ttained his or her normal
retirement date may, if the member so elects, agree to terminate RBS No. 327
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employment and retire as a member o f the System and make an election
to receive distributions from the System. If a re tired member is
reemployed by a participating municipality in the positio n of police
chief or in a position which is not covere d by the System,
retirement shall include rec eipt by such retired member of in -
service distributions from the System.
D. A former member of the System who terminates from cov ered
employment and who has neither retired from the System nor entered
the Oklahoma Police Deferred Option Plan and is later employed in a
covered position with a participating municipality shall not be
denied eligibility to become a member of the System because he or
she is forty-five (45) fifty (50) years of age or older. If such
member has withdrawn his or her contributions prior to re-entering
the System and the member desires to receive credit for such pr ior
service, then the member shall pay back su ch contributions and
interest pursuant to Section 50-111.1 of this title.
E. Notwithstanding any other provision of law to th e contrary,
a municipality that employs two (2) or fewer full -time police
officers may employ a police officer who is more than forty-five
(45) fifty (50) years of age and who has never participated in the
Oklahoma Police Pension and Retire ment System, but such police
officer shall not be eligible to participate in the System. Such
police officer shall be counted in the limitation i mposed by this
subsection. Notwithstanding any other provisions of law, the Stat e RBS No. 327
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Board shall be granted acce ss to information concerning a list of
actively working police officers within the municipalities an d
agencies under the purview provided by the C ouncil on Law
Enforcement Education and Training.
SECTION 2. This act shall become effective September 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON BANKING, FINANCIAL SERVICES AND
PENSIONS, dated 04/04/2022 - DO PASS.