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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 743 By: Weaver
AS INTRODUCED
An Act relating to police retirement; amending 11
O.S. 2011, Sections 50-101, as amended by Section 1,
Chapter 346, O.S.L. 2016 and 50-115, as last amended
by Section 3, Chapter 120, O.S.L. 2020 (11 O.S. Supp.
2020, Sections 50-101 and 50-115), which relate to
definitions and disability benefit; mod ifying
definitions of permanent in-line disability and
normal disability benefit ; modifying disability
benefits received by certain disabled officers;
updating statutory language; and modifying permanent
impairment guidelines .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAH OMA:
SECTION 1. AMENDATORY 11 O.S. 2011, Section 50-101, as
amended by Section 1, Chapter 346, O.S.L. 2016 (11 O.S. Supp. 2020,
Section 50-101), is amended to read as follows:
Section 50-101. As used in this article:
1. “System” means the Oklahoma Police Pension and Retirement
System and all predecessor municipal Police Pension and Retirement
Systems;
2. “Article” means Article 50 of this title;
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3. “State Board” means the Oklahoma Police Pension and
Retirement Board;
4. “Fund” means the Oklahoma Police Pension and Retirement
Fund;
5. “Officer” means any duly appointed and sworn full -time
officer of the regular police depa rtment of a municipality whose
duties are to preserve the public peace, protect l ife and property,
prevent crime, serve warrants, enforce all laws and municipal
ordinances of this state, and any political subdivision thereof, and
who is authorized to bear arms in the execution of such duties;
6. “Member” means all eligible officers of a participating
municipality and any person hired by a participating municipality
who is undergoing police training to become a permanent police
officer of the municipality. Effective July 1, 1987, a member does
not include a “leased employee” as defined under Section 414(n)(2)
of the Internal Revenue Code of 1986, as amended. Effective July 1,
1999, any individual who agrees with the participating municipality
that the individual’s services are to be performed as a leased
employee or an independent cont ractor shall not be a member
regardless of any classification as a common law employee by the
Internal Revenue Service or any other governmental agency, or any
court of competent jurisdiction. A member shall include e ligible
commissioned officers of the O klahoma State Bureau of Narcotics a nd
Dangerous Drugs Control, the Oklahoma State Bure au of Investigation,
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and the Alcoholic Beverage Laws Enforcement Commission who elect to
participate in the System pursuant to Secti on 50-111.5 of this
title;
7. “Normal retirement date” means the date at which the member
is eligible to receive the unredu ced payments of the member ’s
accrued retirement benefit. Such date shall be the first da y of the
month coinciding with or following the date the member completes
twenty (20) years of credited service. If the member’s employment
continues past the normal retirement date of the member, the actual
retirement date of the member shall be the firs t day of the month
after the member termina tes employment with more than twenty ( 20)
years of credited service;
8. “Credited service” means the period of service used to
determine the eligibility for and the amount of benefits payable to
a member. Credited service shall consist of the period duri ng which
the member participated in th e System or the predecessor municip al
systems as an active employee in an eligible mem bership
classification, plus any service prior to the establishment of the
predecessor municipal systems which was credited under th e
predecessor municipal systems or cre dited service granted by the
State Board;
9. “Participating municipality ” means a municipality which is
making contributions to the System on behalf of its officers. The
Oklahoma State Bureau of Narcotics and Dangero us Drugs Control, the
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Oklahoma State Bureau of Investigation, and the Alc oholic Beverage
Laws Enforcement Commission shall b e treated in the same manner as a
participating municipality only regarding those members who elect to
participate in the System pur suant to Section 50-111.5 of this
title;
10. “Permanent total disability ” means incapacity due to
accidental injury or occu pational disease, to earn any wages in the
employment for which the member is physically suited and reasonably
fitted through educat ion, training or experience. Further, the
member must be declared one hu ndred percent (100%) impaired as
defined by the “American Medical Association ’s Guides to the
Evaluation of Permanent Impairment ” on the basis of a physical
medical examination by a p hysician licensed to practice medicine in
this state, as selected by the State Board;
11. “Permanent partial disability ” means permanent disability
which is less than permanent total disability as defined in this
section. The member must be declared no g reater than ninety-nine
percent (99%) impaired as defined by the “American Medical
Association’s Guides to the Evaluation of Permanent Impairment ” on
the basis of a physical medical examination by a physician lice nsed
to practice medicine in this state, as selected by the State Board;
12. “Permanent in-line disability” means incapacity to earn any
wages as a certified, commiss ioned police officer due to accidental
injury or occupational disease, incurred while in, and in
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consequence of, the performance of duty as an officer when a police
officer serving in any capacity at a regular police department of a
participating municipal ity becomes so physically or mentally
disabled, as determined by an independent medical examiner,
psychiatrist or psychologist selected by the State Board, while in,
and in consequence of, the performance of authorizing activities
while on duty as an officer that he or she is unable to perform the
required duties of a police officer;
13. “Beneficiary” means a member’s surviving spouse or any
surviving children, including biological and adopted children, at
the time of the member’s death. The surviving spouse must have been
married to the member for the thirty (30) continuous months
immediately preceding the member ’s death, provided a survivin g
spouse of a member who died while in, and as a consequence of, the
performance of the member ’s duty for a participating municipality,
shall not be subject to the thirty -month marriage requirement for
survivor benefits. A surviving child of a member shal l be a
beneficiary until reach ing eighteen (18) years of age or t wenty-two
(22) years of age if the child is enro lled full time and regularly
attending a public or private scho ol or any institution of higher
education. Any child adopted by a member after the member’s
retirement shall be a beneficiary only if the child is adopted by
the member for the thirty (30) con tinuous months preceding the
member’s death. Any child who is adopted by a member after the
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member’s retirement and such member dies accidenta lly or as a
consequence of the performance of the member ’s duty as a police
officer shall not be subject to the t hirty-month adoption
requirement. This definition of beneficia ry shall be in addition to
any other requirement set forth in this article;
14. “Executive Director” means the managing officer of the
System employed by the State Board;
15. “Eligible employer” means any municipality with a m unicipal
police department;
16. “Entry date” means the date as of which an eligible
employer joins the Syst em. The first entry date purs uant to this
article shall be Janua ry 1, 1981;
17. “Final average salary ” means the average paid base salary
of the member for normally scheduled hours over the highest salaried
thirty (30) consecutive months of the last sixt y (60) months of
credited service. Effective July 1, 2016, the f ollowing shall apply
in computing final average salary:
a. only paid base salary on which required contribution s
have been made shall be used in computing a member ’s
final average salary,
b. for purposes of determining th e normal disability
benefit only, final average salary shall be based on
the member’s total service if less than thirt y (30)
months,
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c. in addition to other applicable limitations, and
notwithstanding any other provision to th e contrary,
for plan years beginning on or after July 1, 2002, th e
annual compensation of each “Noneligible Member” taken
into account under the Sys tem shall not exceed the
Economic Growth and Tax Relief Reconciliation Act of
2001 (EGTRRA) annual compensat ion limit. The EGTRRA
annual compensation limit is Two Hundred T housand
Dollars ($200,000.00), as adjusted by th e Commissioner
for increases in the cost of living in accordanc e with
Section 401(a)(17)(B) of the Internal Revenue Code of
1986, as amended. The annual compensation limit in
effect for a calendar year appli es to any period, not
exceeding twelve (12) mont hs, over which compensation
is determined (“determination period”) beginning in
such calendar year. If a determination period
consists of fewer than twelve (12) months, the EGTRRA
annual compensation limit w ill be multiplied by a
fraction, the numerator o f which is the number of
months in the determination period, an d the
denominator of which is twelve (12). For purposes of
this section, a “Noneligible Member” is any member who
first became a member during a plan year commencing on
or after July 1, 1996,
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d. for plan years beginning on or a fter July 1, 2002, any
reference in the System to the annual compensation
limit under Section 401(a)(17) of the Internal Revenue
Code of 1986, as amended, shall mean the EGT RRA annual
compensation limit set forth in this provision, and
e. effective January 1, 2008, back pay, within t he
meaning of Section 1.415(c) -2(g)(8) of the Income Tax
Regulations, shall be t reated as paid base salary for
the limitation year to which the b ack pay relates to
the extent the back pay repre sents wages and
compensation that would otherwise be included i n this
definition;
18. “Accrued retirement benefit ” means two and one-half percent
(2 1/2%) of the member ’s final average salary multiplied by t he
member’s years of credited service not to exc eed thirty (30) years;
19. “Normal disability benefit” means the greater of:
a. two and one-half percent (2 1/2%) of the member ’s
final average salary multiplied by twenty (20) years,
notwithstanding the yea rs of actual credit service, or
b. two and one-half percent (2 1/2%) of the member’s
final average salary multiplied by the years of
credited service of the member, not to exceed thirty
(30) years, if the officer has mor e than twenty (20)
years of credited service;
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20. “Limitation year” means the year used in applying the
limitations of Section 415 of the Internal Revenue Code of 1986, as
amended, which year shall be the calendar year;
21. “Paid base salary” means, effective July 1, 2016, an y
compensation described in subparagraph a of this paragraph that is
not described in subparagraph b of this para graph.
a. Paid base salary shall in clude only:
(1) normal compensation paid on a regularly scheduled
pay period, including, but not limited to,
regular pay for holidays, paid time off, vacation
or annual leave, sick leave or compensatory time
in lieu of overtime, any lump sum payment paid i n
lieu of a normal wage incre ase, provided such
lump sum payment is retroactively appl ied over
the prior twelve-month period ending with the
payment date, compensation for b omb squad pay,
education pay, incentive pay, K -9 pay,
negotiation pay, shift differ ential, sniper pay,
SWAT team pay, emergency response team pay, any
other special unit pay, and any incremen tal
increase in compensation which is not included by
the employer in a member’s regular base pay for
salary increase purposes but is paid by the
employer to the member for grou p health benefits
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based on an arrangement with a particip ating
municipality that was in place on December 31,
2015, so long as the arrangement c ontinues
uninterrupted for a member employed by a
participating municipality on Jun e 30, 2016, who
has not since terminated employment and been
rehired by such participa ting municipality,
(2) any amount of elective salary reduction under
Section 125 of the Internal Revenue Code of 1986,
as amended, that would have been treated as paid
base salary but for the salary deferral reduction
agreement,
(3) any amount of elective salary reduction not
includable in the gross income of the member
under Section 132(f)( 4) of the Internal Revenue
Code of 1986, as amen ded, that would have been
treated as paid base salary but for th e salary
deferral reduction agreement,
(4) any amount of elective salary reduct ion under
Section 457 of the Internal Revenue Code of 1986,
as amended, that would have been treated as paid
base salary but for the salary deferral reduction
agreement,
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(5) any amount of elective salary reduction under
Section 401(k) of the Internal Reven ue Code of
1986, as amended, that would have been treated as
paid base salary but for the salary deferral
reduction agreement,
(6) any amount of nonelective salary reduction und er
Section 414(h) of the Internal Revenue Code of
1986, as amended,
(7) educational allowances paid to obtain training
certification or pursue a n advanced degree,
(8) longevity payments made t o members based upon a
standardized plan which recognizes length of
service to the participating municipality,
(9) paid base salary shall also include base salary,
as described in divisions (1) through (8) of this
subparagraph, for services, but paid by th e later
of two and one-half (2 1/2) months after a
member’s severance from employment or the end of
the calendar year tha t includes the date th e
member terminated employment, if it is a payment
that, absent a severance from employment, would
have been paid to the member while the member
continued in employment with the participating
municipality,
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(10) any payments not descri bed in divisions (1)
through (9) of this subparagraph shall not be
considered paid base salary if paid after
severance from employment, even if they are paid
by the later of two and one-half (2 1/2) months
after the date of severance from employment or
the end of the calendar y ear that includes the
date of severance from employment, except
payments to an individual who does not currently
perform services for the participat ing
municipality by reason of qualified military
service within the meaning of Section 414(u)(5)
of the Internal Revenue Code of 1986, as amended,
to the extent these paymen ts do not exceed the
amounts the individual woul d have received if the
individual had continued to perform servi ces for
the participating municipality rather than
entering qualified military service,
(11) back pay, within the meaning of Section 1.415(c) -
2(g)(8) of the Income Tax Regulations, shall be
treated as paid base salary for the l imitation
year to which the back pay relates to the extent
the back pay represents wag es and compensation
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that would otherwise be included in this
definition, and
(12) paid base salary shall also include differential
wage payments under Section 414(u)(12) of the
Internal Revenue Code of 1986, as amended.
b. Notwithstanding anything to the c ontrary in this
section, paid base salary shall not include any:
(1) fringe benefits, reimbursements, or increases in
compensation due to reimbursements to the extent
not specifically included above in subparagraph a
of this paragraph,
(2) incremental increase in compensation w hich is not
included by the employer in a member ’s regular
base pay for salary increase purposes but is paid
by the employer to the member for group health
benefits not otherwis e included above in division
(1) of subparagraph a of thi s paragraph,
(3) insurance benefits, including any reimbursements
thereof, or insurance proceeds of any type not
otherwise included abo ve in division (1) of
subparagraph a of this paragraph,
(4) bonuses, including signing bonuses, lump -sum
payments or stipends made to the membe r not
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otherwise included above in division (1) of
subparagraph a of this paragraph,
(5) overtime compensation,
(6) payments whether prior to or upon termination of
employment for accumulated unused vacation or
unused annual leave, acc umulated unused sick
leave, or accumulated unused paid time off or
other unused leave,
(7) payments made in error to a member,
(8) payments made by the participating muni cipality
for services rendere d by the member, which
services are not part of the membe r’s job duties
and responsibilities of his or her job position
with the participating m unicipality,
(9) severance pay,
(10) unemployment payments, and
(11) uniform and equipment allowances; and
22. “Actuarial equivalent ” means equality in value of the
aggregate amounts expecte d to be received based on interest rate and
mortality assumptions set by the State Board, in a manner that
precludes employer discretion, and based upon recommendations from
independent professional advisors, and which shall be publis hed
annually in the actuarial report.
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SECTION 2. AMENDATORY 1 1 O.S. 2011, Section 50 -115, as
last amended by Section 3, Chapter 120, O.S.L. 202 0 (11 O.S. Supp.
2020, Section 50-115), is amended to read as follows:
Section 50-115. A. The State Board is authorized t o pay a
disability benefit to a member of the Syste m or a pension to the
beneficiaries of such member eligible as hereinafter provided, not
exceeding the accrued retirement benefit of the member, except as
otherwise provided in this article. Such disabili ty benefit shall
be payable immediately upon determ ination of eligibility. Any
preexisting condition identified at the time of any initial or
subsequent membership shall be used to offset the percentage of
impairment to the whole person in determining any disability
benefit. Once the initial disability b enefit has been awarded by
the Board on the basis of the percentage of impairment to the whole
person, the member shall have no further recourse to increase the
awarded percentage of impairment.
B. In order for any member to be eligible for any disability
benefit, or the member ’s beneficiaries to be eligible for a pension,
the member must have complied with any agreement as to contributions
by the member and other members to any funds of the System where
said the agreement has been made as provided by this article; and
the State Board must find:
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1. That the member incurred a permanent total disability or a
permanent partial disability or died while in, and in consequence
of, the performance of duty as an o fficer; or
2. That such member has served ten (10) years and incurred a
permanent total disability or a permanent partial disability or has
died from any cause.
C. In the event of the death of any member who has been awarded
a disability benefit or is el igible therefor as provided in this
article, the member’s beneficiary shall be paid the benefit.
D. 1. As of the date of determination by the State Board that
a member is physically or mentally disabled and that the disabili ty
is permanent and partial or permanent and total as was incurred
while in, and in consequence of, the perf ormance or duty as an
officer has a permanent in-line disability, the member shall be
awarded a normal disability benefit on the basis of the percen tage
of impairment to the whol e person, as defined by the most current
standards of the impairment as outlined in the “American Medical
Association’s Guides to the Evaluation of Permanent Impairment ”, as
provided in the following table or as prescribed by paragraph 2 of
this subsection with respect to injuries sustained as a result of a
violent act:
1% to 49% impairment to whole per son = 50% of the normal
disability benefit
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50% to 74% impairment to whole person = 75% of the normal
disability benefit
75% to 100% impairment to whole per son = 100% of the normal
disability benefit, as defined in Section 50-101 of this title.
2. If an injury to a member results from a violent ac t as
defined by this paragraph while in the performance of his or her
duties as a police officer, the State Board shall make a
determination that the member has sus tained a one-hundred-percent
disability and shall make the benefit award in accordance with that
standard. As used in this paragraph, “violent act” means a violent
attack upon the member by means of a dan gerous weapon, including,
but not limited to, a fir earm, knife, automobile, explosive device
or other dangerous weapon.
E. If the participatin g municipality denies a disabled member
the option of continuing employment instead of retiring on a
disability pension, then the burden of proof rests with the
participating municipality to show cause to the State Board that
there is no position as a swor n officer within the police department
of that municipality which the member can fill.
F. Upon determination by the State Board that a member is
physically or mentally disabled and that the disability is permanent
and total and that the member has complet ed ten (10) years of
credited service and is disabled by any cause, the member shall
receive a disability benefit on the basis of the member’s accrued
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retirement benefit. A permanent and total impairment equates to one
hundred percent (100%) of accrued re tirement benefit.
G. Upon determination by the State Board that a member is
physically or mentally disabled and that the disability is permanent
and partial and that the member has completed ten (10) years of
credited service as a member and is disabled f rom any cause, the
member shall be awarded a disability benefit on the basis of the
member’s years of credited se rvice as a member and the percentage of
impairment to the whole person, as defined by the most current
standards of the impairment as outlined in the “American Medical
Association’s Guides to the Evaluation of Permanent Impairment ”, on
the basis of the fol lowing table:
1% to 24% impaired = 25% of accrued r etirement benefit
25% to 49% impaired = 50% of accrued retirement benefit
50% to 74% impaired = 75% of accrued retirement benefit
75% to 99% impaired = 90% 100% of accrued retirement benefit.
H. Before making a finding as to the disability of a member,
the State Board shall require that, if the member is able, the
member shall make a certificate as t o the disability which shall be
subscribed and sworn to by the member. It shall also require a
certificate as to such disability to be made by some physician
licensed to practice in this state as selected by the State Board.
The State Board may require o ther evidence of disability before
making the disability benefit. The salary of any such member shall
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continue while the member is so necessarily confined to such
hospital bed or home and necessarily requires medical care or
professional nursing on accoun t of such sickness or disability for a
period of not more than six (6) months, after which said the period
the other provisions of this article may apply. The State Board, in
making disability benefits, shall act upon the written request of
the member or without such request, if it deem it for the good of
the police department. Any disability benefits shall ce ase when the
member receiving same shall be restore d to active service at a
salary not less than three -fourths (3/4) of the member ’s average
monthly salary.
I. Any member of a police department of any municipality who,
in the line of duty, has been expose d to hazardous substances,
including but not limite d to chemicals used in the manufacture of a
controlled dangerous substance or chemicals resulting fro m the
manufacture of a controlled dangerous substance, or to blood -borne
pathogens and who is later disa bled from a condition that was the
result of such exposure and that was not revealed by the physical
examination passed by the member upon entry into th e System shall be
presumed to have incurred such disability while performing the
officer’s duties unless the contrary is shown by competent evidence.
The presumption created by this subsection shall have no application
whatever to any workers ’ compensation claim or claims, and it shall
not be applied or be relied upon in any way in workers ’ compensation
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proceedings. All compensation or benefits due to any member
pursuant to the presumption created by this subsection shall be paid
solely by the system.
J. If the requirements of Section 50 -114.4 of this title are
satisfied, a member who, by reason of disabil ity, is separated from
service as a public safety o fficer with the member’s participating
municipality, may elect to have payment made directly to the
provider for qualified health insurance premiums by deduction from
his or her monthly disability benefit, after December 31, 2006, in
accordance with Sectio n 402(l) of the Internal Revenue Code of 1986,
as amended.
58-1-408 CB 1/21/2021 1:39:44 PM