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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 741 By: Weaver
AS INTRODUCED
An Act relating to the Law Enforcement Retire ment
System; amending 47 O.S. 2011, Secti on 2-307.2, as
amended by Section 3, Chapter 8, O.S .L. 2016 (47 O.S.
Supp. 2020, Section 2-307.2), which relates to
service credit for unused sick leave; increasing cap
on unused sick leave to be included in service credit
for certain members; and conforming language.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2011, Section 2 -307.2, as
amended by Section 3, Chapter 8, O.S.L. 2016 (47 O.S. Supp. 2020,
Section 2-307.2), is amended to read as follows:
Section 2-307.2. A. The 1. From July 1, 1985 to June 30,
2008, the total service credit of a member who reti res, elects a
Deferred Option Plan or terminates emplo yment and elects a vested
benefit shall include not to exceed one hund red thirty (130) days of
unused sick leave accumula ted while a member of the System. This
section shall apply to members retiring or vesting on or after July
1, 1985, and shall not be retroactive.
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Effective 2. From July 1, 2008, through the effective date of
this act, a member who retires, elects a Defer red Option Plan or
terminates employment and elects a vested benefit shall include not
to exceed two hundred forty (240) days of unused sick leave
accumulated while a member of the System.
3. On or after the effective date of this act, a member who
retires, elects a Deferred Option Plan or terminates employment and
elects a vested benefit shall include not to exceed three hundred
sixty (360) days of unused sick leave accumulated while a member of
the System.
Such credit shall be added in terms of whole mon ths. Twenty (20)
days of unused sick leave shall equal on e (1) month for purposes of
service credit. If unused sick leave entitles a member to an
additional year or fraction thereof of service credit, th e member’s
employer shall reimburse the System for the cost of funding the
additional reserve by paying the a mount determined by the Board
pursuant to Section 25 of this act. Each employer shall provide the
System with adequate and timely information nece ssary to determine
additional benefits and its cost under this section. This section
shall apply to members retiring or vesting on or after July 1, 1985,
and shall not be retroactive. The amount of accrued sick leave
available for determination of a mem ber’s monthly benefit for
purposes of the deferred o ption election shall be limited to the
accrued sick leave available as of the effective date of the
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deferred option election , but not to exceed two hundred forty (240)
days. The member’s monthly benefit determined as of the effective
date of the deferred option election shall not be adjusted for
additional accrued sick leave earned by the member after the
deferred option election.
B. Whenever any member is unable to perform the member ’s duties
because of sickness or temporary disability caused or sustaine d
while in the discharge of the member ’s duty as a member, is
receiving a temporary total disability benefit u nder Section 1 et
seq. of Title 85A of the Oklahoma Statutes, and does not purchase
service credit as described below, such member shall only rece ive
prorated service credit based on the contributions mad e by the
member and the member ’s employer while the member is receiving a
temporary total disability benefit under Section 1 et seq. of Title
85A of the Oklahoma Statutes. Whenever any member is un able to
perform the member’s duties because of sickness or temporary
disability caused or sustained while in the discharge of the
member’s duty as a member and is receiving a temporary disability
benefit under Section 1 et seq. of Title 85A of the Oklahoma
Statutes, such member shall have the option to purchase s ervice
credit for the time related to such leave of absence for such
sickness or temporary disability.
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1. The payment for such purchase must be c ompleted no later
than three (3) years from the date the member commenced receipt of a
temporary total disabil ity benefit.
2. The purchase price shall be:
a. the actual paid base salary that the member was
entitled to immediately prior to the member ’s sickness
or temporary disability minus any vacation or sick
leave payments received by the member during such
sickness or temporary disability, multiplied by,
b. the following percent:
(1) eighteen percent (18%) for members who are
suspended without pay, or
(2) eight percent (8%) for members who are not
suspended without pay.
If such member has not been suspended wi thout pay, the employer
shall contribute, within three (3) months of the completion of the
member’s purchase of service credit, ten percent (10%) o f the actual
paid base salary that the member was en titled to immediately prior
to the member’s sickness or temporary disability minus any vacation
or sick leave payments received by the member during such sickness
or temporary disability.
3. The member may purchase such service credit through:
a. a cash lump-sum payment,
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b. a trustee-to-trustee transfer of non -Roth funds from a
Code Section 403(b) annuity or custodial account, an
eligible deferred compensation plan described in Code
Section 457(b) which i s maintained by an eligible
employer described in Co de Section 457(e)(1)(A),
and/or a Code Section 401(a) qua lified plan,
c. a direct rollover of tax -deferred funds from a Code
Section 403(b) annuity or custodial account, an
eligible deferred compensation plan described in Code
Section 457(b) which is maint ained by an eligible
employer described in Code Section 4 57(e)(1)(A), a
Code Section 401(a) qualified plan, and/or a Code
Section 408(a) or 408(b) traditional or conduit
Individual Retirement Account or A nnuity (IRA). Roth
accounts, Coverdell Education Sa vings Accounts and
after-tax contributions shall not be u sed to purchase
such service credit, or
d. any combination of the above methods of payment.
58-1-401 CB 1/21/2021 1:36:34 PM