OK
Oklahoma Senate Bill SB683

Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB683 Compare Versions

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2-RBS No. 528
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4-An Act
5-ENROLLED SENATE
6-BILL NO. 683 By: Kidd of the Senate
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28+ENGROSSED HOUSE AMENDME NT
29+ TO
30+ENGROSSED SENATE BILL NO . 683 By: Kidd of the Senate
731
832 and
933
10- Lepak and McBride of the
11-House
34+ McBride of the House
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1640 An Act relating to teachers’ retirement; amending 70
1741 O.S. 2011, Section 17 -103, as amended by Section 1,
1842 Chapter 141, O.S.L. 2019 (70 O .S. Supp. 2020, Section
1943 17-103), which relates to membership in the Teachers’
2044 Retirement System of Oklahoma; modifying requirement
2145 for nonclassified optional personnel to join System;
2246 removing requirement for permitting certain
2347 contributions; authorizing c ertain nonclassified
2448 optional personnel to join System upon hiring;
2549 updating statutory language; specifying procedures
2650 for nonclassified optional personnel to join or opt
2751 out of System; specifying certain required
2852 contributions be made by certain employees and
2953 employers; construing provision; specifying election
3054 to opt out of System be permanent; providing
31-exception; requiring nonclassified optional personn el
32-make certain election to participate in System;
33-providing an effective date ; and declaring an
34-emergency.
55+exception; and requiring nonclassified optional
56+personnel make certain election to participate in
57+System.
3558
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39-SUBJECT: Teachers’ retirement
62+AUTHORS: Remove Representative McBride as principal House Author
63+and substitute with Representative Lepak.
64+
65+Add as coauthor Representative McBride .
66+
67+AMENDMENT NO. 1. Page 5, line 11 1/2, add new Sections 2 and 3 to
68+read:
69+
70+"SECTION 2. This act shall become effective July 1, 2021.
71+
72+SECTION 3. It being immediately necessary for the preservation
73+of the public peace, health or safety, an emergency is hereby
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100+declared to exist, by reason whereof this act shall take effect and
101+be in full force from and after its passage and approval. "
102+and amend title to conform
103+Passed the House of Representatives the 13th day of April, 2021.
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109+Presiding Officer of the House of
110+ Representatives
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113+Passed the Senate the ____ day of __________, 2021.
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119+Presiding Officer of the Senate
120+ RBS No. 528
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147+ENGROSSED SENATE
148+BILL NO. 683 By: Kidd of the Senate
149+
150+ and
151+
152+ McBride of the House
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154+
155+
156+
157+An Act relating to teachers’ retirement; amending 70
158+O.S. 2011, Section 17 -103, as amended by Section 1,
159+Chapter 141, O.S.L. 2019 (70 O.S. Supp. 2020, Section
160+17-103), which relates to membership in the Teachers’
161+Retirement System of Oklahoma; modifying requirement
162+for nonclassified optional personnel to join System;
163+removing requirement for permitting certain
164+contributions; authorizing certain nonclassified
165+optional personnel to join System upon hir ing;
166+updating statutory language; specifying procedures
167+for nonclassified optional personnel to join or opt
168+out of System; specifying certain required
169+contributions be made by certain employees and
170+employers; construing provision; specifying election
171+to opt out of System be permanent; providing
172+exception; and requiring nonclassified optional
173+personnel make certain election to participate in
174+System.
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40178
41179 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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43180 SECTION 1. AMENDATORY 70 O .S. 2011, Section 17 -103, as
44181 amended by Section 1, Chapter 141, O.S.L. 2019 (70 O.S. Supp. 2020,
45182 Section 17-103), is amended to read as follows:
46- RBS No. 528
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48-ENR. S. B. NO. 683 Page 2
49183 Section 17-103. Except as provided in the Alternate Retirement
50184 Plan for Comprehensive Universities Act, the me mbership of the
51-retirement system shall consist of the following:
185+retirement system shall consist of the following: RBS No. 528
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52211
53212 (1) A. All classified personnel shall become members of the
54213 retirement system as a condition of their employment;
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56214 (2) All B. For the period from August 2, 1969 , to the
57215 effective date of this act, all full-time nonclassified optional
58216 personnel regularly employed for more than one (1) year may join the
59217 Teachers’ Retirement System of Oklahoma subject to the rules and
60218 regulations adopted pursuant to this act. Subject to the outcome of
61219 the private letter ruling request (2003) submitted by the Board of
62220 Trustees to the Internal Revenue Service (2001), the retirement
63221 system shall permit eligible nonclassified optional personnel who
64222 have ceased to make otherwise required employee contributions afte r
65223 having made an election to become a member of the retirement system
66224 to resume employee contributions. No service shall be credited to
67225 any such member for any period of time during which employee
68226 contributions were not made; the Teachers' Retirement Syst em. On or
69227 after the effective date of this act, all nonclassified optional
70228 personnel regularly employed for twenty (20) hours or more per week
71229 may join the System upon hiring, subject to the provisions of
72230 subsection C of this section and the rules and reg ulations adopted
73231 by the System pursuant to this act.
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75232 (3) All persons who shall become classified personnel or who
76233 are regularly employed in any school system as new classified
77234 personnel after July 1, 1943, hereof, shall become members of the
78-retirement system as a condition of their employment;
235+retirement system as a condition of their employment; RBS No. 528
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79261
80262 (4) All other regular school employees may join the Teachers’
81263 Retirement System subject to the rules and regulations as may be
82264 adopted by the Board of Trustees of the Teachers’ Retirement System;
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84265 C. 1. A nonclassified optional employee shall have thirty (30)
85266 days from the initial date of hire to make a one -time irrevocable
86267 written election to opt out of participation in the System. If an
87268 eligible employee fails to make an election within the thirty -day
88269 period, the eligible employee shall be deemed to participate in the
89270 System.
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93271 2. If an eligible employee elects to opt out of participation
94272 in the System, the employee shall not make any required employee
95273 contributions to the System and his or her employer shall not make
96274 any required employer contributions to the System.
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98275 3. If an eligible nonclassified optional employee elects to
99276 participate in the System, the employee shall make employee
100277 contributions to the System pursuant to Section 17 -116.2 of this
101278 title and the employer shall make employer contributions to the
102279 System pursuant to Section 17 -108.1 of this title. Nothing in this
103280 paragraph shall be construed to prohibit the employer from making
104281 the contribution of the employee to the System on behalf of the
105282 employee.
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107283 4. A nonclassified optional employee who opts out of
108284 participation in the System shall be ineligible for future
109-participation in the System; provided, however, that if the employee
285+participation in the System; provided, however, that if the employee RBS No. 528
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110312 is hired for a classified position, he or she shall become a member
111313 of the System pursuant to subsection A of this section but shall not
112314 be eligible for prior service credit for service performed while
113315 employed in a nonclassified position during which the employee opted
114316 out of participation in the System.
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116317 5. Any nonclassified optional employee employed on the
117318 effective date of this act shall make an irrevocable written
118319 election to participate in or opt out of the System pursuant to
119320 paragraph 1 of this subsection. If the employee fails to make an
120321 election within thirty (30) da ys from the effective date of this
121322 act, the employee shall be deemed to participate in the System,
122323 subject to the provisions of paragraph 3 of this subsection.
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124324 (5) D. The Board of Trustees may, in its discretion, deny the
125325 right to become members to any cl ass of members whose compensation
126326 is only partly paid by the state, or who is serving on a temporary
127327 or other than per annum basis, and it also may, in its discretion,
128328 make optional with members in any such class their individual
129329 entrance into the retireme nt system;.
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131330 (6) E. Should any member, with less than ten (10) years of
132331 teaching service in Oklahoma, in any period of six (6) consecutive
133332 years after becoming a member be absent from service more than five
134-(5) years, withdraw his or her contributions, retire or die, he or RBS No. 528
333+(5) years, withdraw his or her contributions, ret ire or die, he or
334+she shall thereupon cease to be a member. The provisions of this
335+paragraph shall not apply to any member of the Teachers’ Retirement RBS No. 528
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137-she shall thereupon cease to be a member. The provisions of this
138-paragraph shall not apply to any m ember of the Teachers’ Retirement
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139362 System who has been a member of such classes of military services as
140363 may be approved by the Board of Tru stees, until a period of one and
141364 one-half (1 1/2) years from date of termination of such service
142365 shall have elapsed; and.
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144366 (7) F. Effective November 1, 2019, a retired member of the
145367 Teachers’ Retirement System who becomes employed by the State
146368 Department of Education for the first time on or after November 1,
147369 2019, shall have the option to remain a member of the Teachers’
148370 Retirement System subject to any applicable limitations placed on
149371 retired members returning to work or may choose to participate in
150372 the Oklahoma Public Employees Retirement System as an active member.
151-
152-SECTION 2. This act shall become ef fective July 1, 2021.
153-SECTION 3. It being immediately necessary for the preservation
154-of the public peace, health or safety, an emergency is hereby
155-declared to exist, by reason whereof this act shall take effect and
156-be in full force from an d after its passage and approval.
157- RBS No. 528
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159-ENR. S. B. NO. 683 Page 5
160-Passed the Senate the 29th day of April, 2021.
373+Passed the Senate the 11th day of March, 2021.
161374
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164377 Presiding Officer of the Senate
165378
166379
167-Passed the House of Representatives the 13th day of April, 2021.
380+Passed the House of Representatives the ____ day of __________,
381+2021.
168382
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170384
171385 Presiding Officer of the House
172386 of Representatives
173387
174-OFFICE OF THE GOVERNOR
175-Received by the Office of the Governor this _______ _____________
176-day of _________________ __, 20_______, at _______ o'clock _______ M.
177-By: _______________________________ __
178-Approved by the Governor of the State of Oklahoma this _____ ____
179-day of ___________________, 20_______, at _______ o'clock _______ M.
180388
181- _________________________________
182- Governor of the State of Oklahoma
183-
184-
185-OFFICE OF THE SECRETARY OF STATE
186-Received by the Office of the Secretary of State this _______ ___
187-day of __________________, 20 _______, at _______ o'clock _______ M.
188-By: _______________________________ __