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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 683 By: Kidd
AS INTRODUCED
An Act relating to teacher retirement; amending 70
O.S. 2011, Section 17-103, as amended by Section 1,
Chapter 141, O.S.L. 2019 (70 O.S. Su pp. 2020, Section
17-103), which relates to membership; modifying
timeframe for nonclassified optional personnel
joining system.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2011, Section 17-103, as
amended by Section 1, Chapter 141, O.S.L. 2019 (70 O.S. Supp. 2020,
Section 17-103), is amended to read as follows:
Section 17-103. Except as provided in the Alternate Retirement
Plan for Comprehensive Universities Act, the membership of the
retirement system shall consist of the following:
(1) All classified personnel shall become members of the
retirement system as a condition of their employment;
(2) All full-time nonclassified opt ional personnel regularly
employed for more than on e (1) year may join the Teachers'
Retirement System subject to the rules and regulatio ns adopted
pursuant to this act. Subject to the outcome of the private letter
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ruling request (2003) submitted by the B oard of Trustees to the
Internal Revenue Service (2 001), the retirement system shall permit
eligible nonclassified optional personnel who have ceased to make
otherwise required employee contributions after having made an
election to become a member of the retirement system to resume
employee contributions. No service shall be credited to any such
member for any period of time during which employee contributions
were not made;
(3) All persons who shall become classified personnel or who
are regularly employed in any school system as new classified
personnel after July 1, 1943, hereof, shall become members of the
retirement system as a condition of their employment;
(4) All other regular school employees may join the Teachers '
Retirement System subject to t he rules and regulations as may be
adopted by the Board of Trustees of the Teachers ' Retirement System;
(5) The Board of Trustees may, in its discretion, deny the
right to become members to any class of members whose compensation
is only partly paid by th e state, or who is serving on a temporary
or other than per annum basis, and it also may, in its discretion,
make optional with members in any such class their ind ividual
entrance into the retirement system;
(6) Should any member, with less than ten (10) years of
teaching service in Oklahoma, in any perio d of six (6) consecutive
years after becoming a member be absent from service more than five
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(5) years, withdraw his or her contributions, retire or die, he or
she shall thereupon cease to be a member. Th e provisions of this
paragraph shall not apply to a ny member of the Teachers ' Retirement
System who has been a member of such classes of military services as
may be approved by the Board of Trustees, until a period of one and
one-half (1 1/2) years from da te of termination of such service
shall have elapsed; and
(7) Effective November 1, 2019, a retired member of the
Teachers' Retirement System who becomes employed by the State
Department of Education for the first time on or after November 1,
2019, shall have the option to remain a member of the Teachers '
Retirement System subject to any applicable limitations placed on
retired members returning to work or may choo se to participate in
the Oklahoma Public Employees Retirement System as an active member.
58-1-528 CB 1/21/2021 12:40:45 PM