Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB743 Compare Versions

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21 RBH No. 10793
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4-An Act
5-ENROLLED SENATE
6-BILL NO. 743 By: Weaver of the Senate
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27+ENGROSSED HOUSE AMENDME NT
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29+ENGROSSED SENATE BILL NO . 743 By: Weaver of the Senate
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831 and
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1033 Moore of the House
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15-An Act relating to public retirement systems;
16-amending 62 O.S. 2021, Section 3103, which relates to
17-the Oklahoma Pension Legislation Actuarial Analysis
18-Act; modifying definitions; amending 11 O.S. 2021,
19-Sections 50-101 and 50-115, which relate to
38+
39+An Act relating to police retirement; amending 11
40+O.S. 2011, Sections 50-101, as amended by Section 1,
41+Chapter 346, O.S.L. 2016 and 50-115, as last amended
42+by Section 3, Chapter 120, O.S.L. 2020 (11 O.S. Supp.
43+2020, Sections 50-101 and 50-115), which relate to
2044 definitions and disability benefit; mod ifying
2145 definitions of permanent in-line disability and
2246 normal disability benefit ; modifying disability
2347 benefits received by certain disabled officers;
48+updating statutory language; and modifying permanent
49+impairment guidelines .
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55+AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
56+and insert:
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59+"An Act relating to public retirement systems;
60+amending 62 O.S. 2021, Section 3103, which relates
61+to the Oklahoma Pension Legislation Actuarial
62+Analysis Act; modifying definitions ; amending 11
63+O.S. 2021, Sections 50-101 and 50-115, which relate
64+to definitions and disabil ity benefit; modifying
65+definitions of permanent in-line disability and
66+normal disability benefit; modifying disability
67+benefits received by certain disabled officers;
2468 updating statutory language; modifying permanent
25-impairment guidelines ; and providing effective dates.
26-
27-
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29-SUBJECT: Public retirement system s
69+impairment guidelines ; and providing effective
70+dates.
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3098
3199 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAH OMA:
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33100 SECTION 1. AMENDATORY 62 O.S. 2021, Section 3103, is
34101 amended to read as follows:
35-
36102 Section 3103. As used in the Oklahoma Pension Legislation
37103 Actuarial Analysis Act:
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39104 1. "Amendment" means any amendment, including a substitute
40105 bill, made to a retirement bill by any committee of the House or
41106 Senate, any conference committee of the House or Senate or by the
42107 House or Senate;
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44108 2. "RB number" means that number precede d by the letters "RB"
45109 assigned to a retirement bill by the respective staffs of the
46-Oklahoma State Senate and the Oklahoma House of Representatives when RBH No. 10793
47-ENR. S. B. NO. 743 Page 2
110+Oklahoma State Senate and the Oklahoma House of Representatives when
48111 the respective staff office prepares a retirement bill for a member
49112 of the Legislature;
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51113 3. "Legislative Actuary" means the firm or entity that enters
52114 into a contract with the Legislative Service Bureau pursuant to
53115 Section 452.15 of Title 74 of the Oklahoma Statutes to provide the
54116 actuarial services and other duties provided for in the Oklahoma
55117 Pension Legislation Actuarial Analysis Act;
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57118 4. "Nonfiscal amendment" means an amendment to a retirement
58119 bill having a fiscal impact, which amendment does not change any
59120 factor of an actuarial investigation specified in subsection A of
60121 Section 3109 of this title;
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62-5. "Nonfiscal retirement bill" means a retirement bill:
122+5. "Nonfiscal retirement bill" means a retirement bill: RBH No. 10793
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64148 a. which does not affect the cost or funding factors of a
65149 retirement system,
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67150 b. which affects such factors only in a manner which does
68151 not:
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70152 (1) grant a benefit increase under the retirement
71153 system affected by the bill,
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73154 (2) create an actuarial accrued liability for or
74155 increase the actuarial accrued liability of the
75156 retirement system affected by the bill, or
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77157 (3) increase the normal cost of the retirement system
78158 affected by the bill,
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80159 c. which authorizes the purchase by an active member of
81160 the retirement system, at the actuarial cost for the
82161 purchase as computed pursuant to the statute in effect
83162 on the effective date of the measure allowing such
84163 purchase, of years of service for purposes of reaching
85164 a normal retirement date in the applicable retirement
86165 system, but which cannot be used in order to compute
87166 the number of years of service for purposes of
88167 computing the retirement benefit for the member,
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91168 d. which provides for the computation of a service -
92169 connected disability retirement benefit for members of
93170 the Oklahoma Law Enforcement Retirement System
94-pursuant to Section 2-305 of Title 47 of the Oklahoma
171+pursuant to Section 2-305 of Title 47 of the Oklahoma RBH No. 10793
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95197 Statutes if the members were unable to complete twenty
96198 (20) years of service as a result of the disability,
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98199 e. which requires membership in the defined benefit plan
99200 authorized by Section 901 et seq. of Title 74 of the
100201 Oklahoma Statutes for persons whose first elected or
101202 appointed service occurs on or after November 1, 2018,
102203 if such persons had any prior service in t he Oklahoma
103204 Public Employees Retirement System prior to November
104205 1, 2015,
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106206 f. which provides for a one-time increase in retirement
107207 benefits if the increase in retirement benefits is not
108208 a permanent increase in the gross annual retirement
109209 benefit payable to a member or beneficiary, occurs
110210 only once pursuant to a single statutory authorization
111211 and does not exceed:
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113212 (1) the lesser of two percent (2%) of the gross
114213 annual retirement benefit of the member or One
115214 Thousand Dollars ($1,000.00) and requires that
116215 the benefit may only be provided if the funded
117216 ratio of the affected retirement system would not
118217 be less than sixty percent (60%) but not greater
119218 than eighty percent (80%) after the benefit
120-increase is paid,
219+increase is paid, RBH No. 10793
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122245 (2) the lesser of two percent (2%) of the gross
123246 annual retirement benefit of the member or One
124247 Thousand Two Hundred Dollars ($1,200.00) and
125248 requires that the benefit may only be provided if
126249 the funded ratio of the affected retirement
127250 system would be greater than eighty percent (80%)
128251 but not greater than one h undred percent (100%)
129252 after the benefit increase is paid,
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131253 (3) the lesser of two percent (2%) of the gross
132-annual retirement benefit of the member or One RBH No. 10793
133-ENR. S. B. NO. 743 Page 4
254+annual retirement benefit of the member or One
134255 Thousand Four Hundred Dollars ($1,400.00) and
135256 requires that the benefit may only be provided if
136257 the funded ratio of the affected retirement
137258 system would be greater than one hundred percent
138259 (100%) after the benefit increase is paid, or
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140260 (4) the greater of two percent (2%) of the gross
141261 annual retirement benefit of the volunteer
142262 firefighter or One Hundred Dolla rs ($100.00) for
143263 persons who retired from the Oklahoma
144264 Firefighters Pension and Retirement System as
145265 volunteer firefighters and who did not retire
146266 from the Oklahoma Firefighters Pension and
147-Retirement System as a paid firefighter.
267+Retirement System as a paid firefighter. RBH No. 10793
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149293 As used in this subparagr aph, "funded ratio" means the
150294 figure derived by dividing the actuarial value of
151295 assets of the applicable retirement system by the
152296 actuarial accrued liability of the applicable
153297 retirement system,
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155298 g. which modifies the disability pension standard for
156299 police officers who are members of the Oklahoma Police
157300 Pension and Retirement System as provi ded by Section 3
158301 of this act, or
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160302 h. which provides a cost-of-living benefit increase
161303 pursuant to the provisions of Sections 2 through 7 of
162304 this act:
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164305 (1) Section 49-143.7 of Title 11 of the Oklahoma
165306 Statutes,
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167307 (2) Section 50-136.9 of Title 11 of the Oklahoma
168308 Statutes,
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170309 (3) Section 1104K of Title 20 of the Oklahoma
171310 Statutes,
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173311 (4) Section 2-305.12 of Title 47 of the Oklahoma
174312 Statutes,
175- RBH No. 10793
176-ENR. S. B. NO. 743 Page 5
177313 (5) Section 17-116.22 of Title 70 of the O klahoma
178314 Statutes,
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180315 (6) Section 930.11 of Title 74 of the Oklahoma
181-Statutes, or
316+Statutes, or RBH No. 10793
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182341
183342 i. which modifies the computation of the line-of-duty
184343 disability benefit pursuant to the provisions of this
185344 act.
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187345 A nonfiscal retirement bill shall include any retirement bill th at
188346 has as its sole purpose the appropriation or distribution or
189347 redistribution of monies in some manner to a retirement system for
190348 purposes of reducing the unfunded liability of such system or the
191349 earmarking of a portion of the revenue from a tax to a reti rement
192350 system or increasing the percentage of the revenue earmarked from a
193351 tax to a retirement system;
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195352 6. "Reduction-in-cost amendment" means an amendment to a
196353 retirement bill having a fiscal impact which reduces the cost of the
197354 bill as such cost is deter mined by the actuarial investigation for
198355 the bill prepared pursuant to Section 3109 of this title;
199-
200356 7. "Retirement bill" means any bill or joint resolution
201357 introduced or any bill or joint resolution amended by a member of
202358 the Oklahoma Legislature which cre ates or amends any law directly
203359 affecting a retirement system. A retirement bill shall not mean a
204360 bill or resolution that impacts the revenue of any state tax in
205361 which a portion of the revenue generated from such tax is earmarked
206362 for the benefit of a reti rement system;
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208363 8. "Retirement bill having a fiscal impact" means any
209364 retirement bill creating or establishing a retirement system and any
210-other retirement bill other than a nonfiscal retirement bill; and
365+other retirement bill other than a nonfiscal retirement bill; and RBH No. 10793
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211390
212391 9. "Retirement system" means the Teachers' Retirement System of
213392 Oklahoma, the Oklahoma Public Employees Retirement System, the
214393 Uniform Retirement System for Justices and Judges, the Oklahoma
215394 Firefighters Pension and Retirement System, the Oklahoma Police
216395 Pension and Retirement System, the Oklahoma Law Enf orcement
217396 Retirement System, or a retirement system established after January
218-1, 2006. RBH No. 10793
219-ENR. S. B. NO. 743 Page 6
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397+1, 2006.
221398 SECTION 2. AMENDATORY 11 O.S. 2021, Section 50-101, is
222399 amended to read as follows:
223-
224400 Section 50-101. As used in this article:
225-
226401 1. "System" means the Oklahoma Police Pension and Retirement
227402 System and all predecessor muni cipal Police Pension and Retirement
228403 Systems;
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230404 2. "Article" means Article 50 of this title;
231-
232405 3. "State Board" means the Oklahoma Police Pension and
233406 Retirement Board;
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235407 4. "Fund" means the Oklahoma Police Pension and Retirement
236408 Fund;
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238409 5. "Officer" means any duly appointed and sworn full-time
239410 officer of the regular police depa rtment of a municipality whose
240411 duties are to preserve the public peace, protect l ife and property,
241412 prevent crime, serve warrants, enforce all laws and municipal
242413 ordinances of this state, a nd any political subdivision thereof, and
243-who is authorized to bear arms in the execution of such duties;
414+who is authorized to bear arms in the execution of such duties; RBH No. 10793
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244439
245440 6. "Member" means all eligible officers of a participating
246441 municipality and any person hired by a participating municipality
247442 who is undergoing police training to become a permanent police
248443 officer of the municipality. Effective July 1, 1987, a member does
249444 not include a "leased employee" as defined under Section 414(n)(2)
250445 of the Internal Revenue Code of 1986, as amended. Effective J uly 1,
251446 1999, any individual who agrees with the participating municipality
252447 that the individual’s services are to be performed as a leased
253448 employee or an independent cont ractor shall not be a member
254449 regardless of any classification as a common law employee by the
255450 Internal Revenue Service or any other governmental agency, or any
256451 court of competent jurisdiction. A member shall include e ligible
257452 commissioned officers of the O klahoma State Bureau of Narcotics and
258453 Dangerous Drugs Control, the Oklahoma State Burea u of Investigation,
259454 and the Alcoholic Beverage Laws Enforcement Commission who elect to
260455 participate in the System pursuant to Secti on 50-111.5 of this
261-title; RBH No. 10793
262-ENR. S. B. NO. 743 Page 7
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456+title;
264457 7. "Normal retirement date" means the date at which the member
265458 is eligible to receive the unreduc ed payments of the m ember’s
266459 accrued retirement benefit. Such date shall be the first da y of the
267460 month coinciding with or following the date the member completes
268461 twenty (20) years of credited service. If the member’s employment
269462 continues past the normal r etirement date of th e member, the actual
270-retirement date of the member shall be the firs t day of the month
463+retirement date of the member shall be the firs t day of the month RBH No. 10793
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271489 after the member termina tes employment with more than twenty ( 20)
272490 years of credited service;
273-
274491 8. "Credited service" means the period of service used to
275492 determine the eligibility for and the amount of benefits payable to
276493 a member. Credited service shall consist of the period duri ng which
277494 the member participated in th e System or the predecessor munic ipal
278495 systems as an active employee in an eligible memb ership
279496 classification, plus any service prior to the establishment of the
280497 predecessor municipal systems which was credited under th e
281498 predecessor municipal systems or cre dited service granted by the
282499 State Board;
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284500 9. "Participating municipality" means a municipality which is
285501 making contributions to the System on behalf of its officers. The
286502 Oklahoma State Bureau of Narcotics and Dangero us Drugs Control, the
287503 Oklahoma State Bureau of Investigation, and the A lcoholic Beverage
288504 Laws Enforcement Commission shall be treated in the same manner as a
289505 participating municipality only regarding those members who elect to
290506 participate in the System pur suant to Section 50-111.5 of this
291507 title;
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293508 10. "Permanent total disabili ty" means incapacity due to
294509 accidental injury or occup ational disease, to earn any wages in the
295510 employment for which the member is physically suited and reasonably
296511 fitted through educat ion, training or experience. Further, the
297-member must be declared one hundred percent (100%) impaired as
512+member must be declared one hundred percent (100%) impaired as RBH No. 10793
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298538 defined by the "American Medical Associ ation’s Guides to the
299539 Evaluation of Permanent Impairment " on the basis of a physical
300540 medical examination by a p hysician licensed to practice medicine in
301541 this state, as selected by th e State Board;
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303542 11. "Permanent partial disability" means permanent disabil ity
304-which is less than permanent total disability as defined in this RBH No. 10793
305-ENR. S. B. NO. 743 Page 8
543+which is less than permanent total disability as defined in this
306544 section. The member must be declared no g reater than ninety-nine
307545 percent (99%) impaired as defined by the "American Medical
308546 Association’s Guides to the Evaluation of Permanent Impairment " on
309547 the basis of a physical medical examination by a physician lice nsed
310548 to practice medicine in this state, as selected by the State Board;
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312549 12. "Permanent in-line disability" means incapacity to earn any
313550 wages as a certified, commissi oned police officer due to accidental
314551 injury or occupational disease, incurred while in, and in
315552 consequence of, the performance of duty as an officer when a police
316553 officer serving in any capacity at a regular police department of a
317554 participating municipali ty becomes so physically or mentally
318555 disabled, as determined by an independent medical examiner,
319556 psychiatrist, or psychologist selected by the State Board, while in,
320557 and in consequence of, the performan ce of authorizing activities
321558 while on duty as an officer that he or she is unable to perform the
322559 required duties of a police officer;
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324560 13. "Beneficiary" means a member’s surviving spouse or any
325-surviving children, including biological and adopted children, at
561+surviving children, including biological and adopted children, at RBH No. 10793
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326587 the time of the member’s death. The surviving spouse must have been
327588 married to the member for the thirty (30) continuous months
328589 immediately preceding the member ’s death, provided a survivin g
329590 spouse of a member who died while in, and as a consequence o f, the
330591 performance of the member's duty for a participating municipality,
331592 shall not be subject to the thirty-month marriage requirement for
332593 survivor benefits. A surviving child of a member shal l be a
333594 beneficiary until reach ing eighteen (18) years of age o r twenty-two
334595 (22) years of age if the child is enrolled full time and regul arly
335596 attending a public or private school or any institution of higher
336597 education. Any child adopted by a member after the member’s
337598 retirement shall be a beneficiary only if the chi ld is adopted by
338599 the member for the thirty (30) continuous months preceding the
339600 member’s death. Any child who is adopted by a member after the
340601 member’s retirement and such member dies accidenta lly or as a
341602 consequence of the performance of the member ’s duty as a police
342603 officer shall not be subject to the thirty-month adoption
343604 requirement. This definition of beneficiary shall be in addition to
344605 any other requirement set forth in this article;
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346606 14. "Executive Director" means the managing officer of the
347-System employed by the State Board; RBH No. 10793
348-ENR. S. B. NO. 743 Page 9
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607+System employed by the State Board;
350608 15. "Eligible employer" means any municipali ty with a municipal
351-police department;
609+police department; RBH No. 10793
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353635 16. "Entry date" means the date as of which an eligible
354636 employer joins the Syst em. The first entry date purs uant to this
355637 article shall be January 1, 1981;
356-
357638 17. "Final average salary" means the average paid base sala ry
358639 of the member for normally scheduled hours over the highest salaried
359640 thirty (30) consecutive months of the last sixt y (60) months of
360641 credited service. Effective July 1, 2016, th e following shall apply
361642 in computing final average salary:
362-
363643 a. only paid base salary on which required contributions
364644 have been made shall be used in computing a member ’s
365645 final average salary,
366-
367646 b. for purposes of determining th e normal disability
368647 benefit only, final average salary shall be based on
369648 the member’s total service if less than thirty (30)
370649 months,
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372650 c. in addition to other applicable limitations, and
373651 notwithstanding any other provision to th e contrary,
374652 for plan years beginning on or after July 1, 2002, the
375653 annual compensation of each “Noneligible Member” taken
376654 into account under the System shall not exceed the
377655 Economic Growth and Tax Relief Reconciliation Act of
378656 2001 (EGTRRA) annual compensat ion limit. The EGTRRA
379657 annual compensation limit is Two Hundre d Thousand
380-Dollars ($200,000.00), as adjusted by the Commissioner
658+Dollars ($200,000.00), as adjusted by the Commissioner RBH No. 10793
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381684 for increases in the cost of living in accordance with
382685 Section 401(a)(17)(B) of the Internal Revenue Code of
383686 1986, as amended. The annual compensation limit in
384687 effect for a calendar year ap plies to any period, not
385688 exceeding twelve (12) months, over which compensat ion
386689 is determined ("determination period") beginning in
387690 such calendar year. If a determination period
388691 consists of fewer than twelve (12) months, the EGTRRA
389692 annual compensation limi t will be multiplied by a
390-fraction, the numerator of which is the number of RBH No. 10793
391-ENR. S. B. NO. 743 Page 10
693+fraction, the numerator of which is the number of
392694 months in the determination period, and the
393695 denominator of which is twelve (12). For purposes of
394696 this section, a "Noneligible Member" is any member who
395697 first became a member durin g a plan year commencing on
396698 or after July 1, 1996,
397-
398699 d. for plan years beginn ing on or after July 1, 2002, any
399700 reference in the System to the annual compensation
400701 limit under Section 401(a)(17) of the Internal Revenue
401702 Code of 1986, as amended, shall mean the EGTRRA annual
402703 compensation limit set forth in this provision, and
403-
404704 e. effective January 1, 2008, back pay, within the
405705 meaning of Section 1.415(c) -2(g)(8) of the Income Tax
406706 Regulations, shall be t reated as paid base salary for
407-the limitation year to which th e back pay relates to
707+the limitation year to which th e back pay relates to RBH No. 10793
708+ENGR. H. A. to ENGR. S. B. NO. 743 Page 15 1
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408733 the extent the back pay represents wages and
409734 compensation that would otherwise be included in this
410735 definition;
411-
412736 18. "Accrued retirement benefit " means two and one-half percent
413737 (2 1/2%) of the member ’s final average salary multiplied b y the
414738 member’s years of credited service not to exceed thirty (30) years;
415-
416739 19. "Normal disability benefit" means the greater of:
417-
418740 a. two and one-half percent (2 1/2%) of the member ’s
419741 final average salary multiplied by twenty (20) years,
420742 notwithstanding the years of actual credited service,
421743 or
422-
423744 b. two and one-half percent (2 1/2%) of the member’s
424745 final average salary multiplied by the years of
425746 credited service of the member, not to exceed thirty
426747 (30) years, if the officer has mor e than twenty (20)
427748 years of credited service;
428-
429749 20. "Limitation year" means the year used in applying the
430750 limitations of Section 415 of the Internal Revenue Code of 1986, as
431751 amended, which year shall be the calendar year;
432- RBH No. 10793
433-ENR. S. B. NO. 743 Page 11
434752 21. "Paid base salary" means, effective July 1, 2016, an y
435753 compensation described in subparagraph a of this paragraph that is
436754 not described in subparagraph b of this paragraph.
437-
438-a. Paid base salary shall in clude only:
755+a. Paid base salary shall in clude only: RBH No. 10793
756+ENGR. H. A. to ENGR. S. B. NO. 743 Page 16 1
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439780
440781 (1) normal compensation paid on a regularly scheduled
441782 pay period, including, but not limited to,
442783 regular pay for holidays, paid time off, vacation
443784 or annual leave, sick leave or compensatory time
444785 in lieu of overtime, any lump sum payment paid i n
445786 lieu of a normal wage incre ase, provided such
446787 lump sum payment is retroactively appl ied over
447788 the prior twelve-month period ending with the
448789 payment date, compensation for b omb squad pay,
449790 education pay, incentive pay, K-9 pay,
450791 negotiation pay, shift differ ential, sniper pay,
451792 SWAT team pay, emergency response team pay, any
452793 other special unit pay, and any incremen tal
453794 increase in compensation which is not included by
454795 the employer in a member’s regular base pay for
455796 salary increase purposes but is paid by the
456797 employer to the member for grou p health benefits
457798 based on an arrangement with a particip ating
458799 municipality that was in place on December 31,
459800 2015, so long as the arrangement c ontinues
460801 uninterrupted for a member employed by a
461802 participating municipality on Jun e 30, 2016, who
462803 has not since terminated employment and been
463-rehired by such participa ting municipality,
804+rehired by such participa ting municipality, RBH No. 10793
805+ENGR. H. A. to ENGR. S. B. NO. 743 Page 17 1
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464829
465830 (2) any amount of elective salary reduction under
466831 Section 125 of the Internal Revenue Code of 1986,
467832 as amended, that would have been treated as paid
468833 base salary but for the salary deferral reduction
469834 agreement,
470-
471835 (3) any amount of elective salary reduction not
472836 includable in the gross income of the member
473837 under Section 132(f)( 4) of the Internal Revenue
474-Code of 1986, as amended, that would have been RBH No. 10793
475-ENR. S. B. NO. 743 Page 12
838+Code of 1986, as amended, that would have been
476839 treated as paid base salary but for th e salary
477840 deferral reduction agreement,
478-
479841 (4) any amount of elective salary reduct ion under
480842 Section 457 of the Internal Revenue Code of 1986,
481843 as amended, that would have been treated as paid
482844 base salary but for the salary deferral reduction
483845 agreement,
484-
485846 (5) any amount of elective salary reduction under
486847 Section 401(k) of the Internal Reven ue Code of
487848 1986, as amended, that would have been treated as
488849 paid base salary but for the salary deferral
489850 reduction agreement,
490-
491851 (6) any amount of nonelective salary reduction und er
492852 Section 414(h) of the Internal Revenue Code of
493-1986, as amended,
853+1986, as amended, RBH No. 10793
854+ENGR. H. A. to ENGR. S. B. NO. 743 Page 18 1
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494878
495879 (7) educational allowances paid to obtain training
496880 certification or pursue a n advanced degree,
497-
498881 (8) longevity payments made to members based upon a
499882 standardized plan which recognizes length of
500883 service to the participating municipality,
501-
502884 (9) paid base salary shall also include base salary,
503885 as described in divisions (1) through (8) of this
504886 subparagraph, for services, but paid by the later
505887 of two and one-half (2 1/2) months after a
506888 member’s severance from employment or the end of
507889 the calendar year tha t includes the date th e
508890 member terminated employment, if it is a payment
509891 that, absent a severance from employment, would
510892 have been paid to the member while the member
511893 continued in employment with the participating
512894 municipality,
513-
514895 (10) any payments not descri bed in divisions (1)
515896 through (9) of this subparagraph shall not be
516897 considered paid base salary if paid after
517-severance from employment, even if they are paid RBH No. 10793
518-ENR. S. B. NO. 743 Page 13
898+severance from employment, even if they are paid
519899 by the later of two and one-half (2 1/2) months
520900 after the date of severance from employment or
521901 the end of the calendar y ear that includes the
522-date of severance from employment, except
902+date of severance from employment, except RBH No. 10793
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523928 payments to an individual who does not currently
524929 perform services for the participat ing
525930 municipality by reason of qualified military
526931 service within the meaning of Section 414(u)(5)
527932 of the Internal Revenue Code of 1986, as amended,
528933 to the extent these paymen ts do not exceed the
529934 amounts the individual would have received if the
530935 individual had continued to perform servi ces for
531936 the participating municipality rather than
532937 entering qualified military service,
533-
534938 (11) back pay, within the meaning of Section 1.415(c)-
535939 2(g)(8) of the Income Tax Regulations, shall be
536940 treated as paid base salary for the l imitation
537941 year to which the back pay relates to the extent
538942 the back pay represents wag es and compensation
539943 that would otherwise be included in this
540944 definition, and
541-
542945 (12) paid base salary shall also include differential
543946 wage payments under Section 414(u)(12) of the
544947 Internal Revenue Code of 1986, as amended.
545-
546948 b. Notwithstanding anything to the c ontrary in this
547949 section, paid base salary shall not include any:
548-
549950 (1) fringe benefits, reimbursements, or increases in
550-compensation due to reimbursements to the extent
951+compensation due to reimbursements to the extent RBH No. 10793
952+ENGR. H. A. to ENGR. S. B. NO. 743 Page 20 1
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551977 not specifically included above in subparagraph a
552978 of this paragraph,
553-
554979 (2) incremental increase in compensation w hich is not
555980 included by the employer in a member’s regular
556981 base pay for salary increase purposes but is paid
557982 by the employer to the member for group health
558983 benefits not otherwis e included above in division
559984 (1) of subparagraph a of thi s paragraph,
560- RBH No. 10793
561-ENR. S. B. NO. 743 Page 14
562985 (3) insurance benefits, including any reimbursements
563986 thereof, or insurance proceeds of any type not
564987 otherwise included above in division (1) of
565988 subparagraph a of this paragraph,
566-
567989 (4) bonuses, including signing bonuses, lump -sum
568990 payments or stipends made to the membe r not
569991 otherwise included above in division (1) of
570992 subparagraph a of this paragraph,
571-
572993 (5) overtime compensation,
573-
574994 (6) payments whether prior to or upon termination of
575995 employment for accumulated unused vacation or
576996 unused annual leave, acc umulated unused sick
577997 leave, or accumulated unused paid time off or
578998 other unused leave,
579-
580-(7) payments made in error to a member,
999+(7) payments made in error to a member, RBH No. 10793
1000+ENGR. H. A. to ENGR. S. B. NO. 743 Page 21 1
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5811024
5821025 (8) payments made by the participating muni cipality
5831026 for services rendere d by the member, which
5841027 services are not part of the membe r’s job duties
5851028 and responsibilities of his or her job position
5861029 with the participating m unicipality,
587-
5881030 (9) severance pay,
589-
5901031 (10) unemployment payments, and
591-
5921032 (11) uniform and equipment allowances; and
593-
5941033 22. "Actuarial equivalent " means equality in value of the
5951034 aggregate amounts expecte d to be received based on interest rate and
5961035 mortality assumptions set by the State Board, in a manner that
5971036 precludes employer discretion, and based upon recommendations from
5981037 independent professional advisors, and which shall be publis hed
5991038 annually in the actuarial report.
600-
6011039 SECTION 3. AMENDATORY 1 1 O.S. 2021, Section 50-115, is
6021040 amended to read as follows:
603- RBH No. 10793
604-ENR. S. B. NO. 743 Page 15
6051041 Section 50-115. A. The State Board is authorized t o pay a
6061042 disability benefit to a member of the System or a pension to the
6071043 beneficiaries of such member eligible as hereinafter provided, not
6081044 exceeding the accrued retirement b enefit of the member, except as
6091045 otherwise provided in this article. Such disabili ty benefit shall
6101046 be payable immediately upon determi nation of eligibility. Any
6111047 preexisting condition identified at the time of any initial or
612-subsequent membership shall be used to offset the percentage of
1048+subsequent membership shall be used to offset the percentage of RBH No. 10793
1049+ENGR. H. A. to ENGR. S. B. NO. 743 Page 22 1
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6131074 impairment to the whole person in determining any disability
6141075 benefit. Once the initial disability be nefit has been awarded by
6151076 the Board on the basis of the percentage of impairment to the whol e
6161077 person, the member shall hav e no further recourse to increase the
6171078 awarded percentage of impairment.
618-
6191079 B. In order for any member to be eligible for any disability
6201080 benefit, or the member’s beneficiaries to be eligible for a pension,
6211081 the member must have co mplied with any agreement as t o contributions
6221082 by the member and other members to any funds of the System where
6231083 said the agreement has been made as provided by this arti cle; and
6241084 the State Board must find:
625-
6261085 1. That the member incurred a permanent total disab ility or a
6271086 permanent partial disability or died while in, and in consequence
6281087 of, the performance of duty as an o fficer; or
629-
6301088 2. That such member has served ten (10) year s and incurred a
6311089 permanent total disability or a permanent partial disability or has
6321090 died from any cause.
633-
6341091 C. In the event of the death of any member who has been awarded
6351092 a disability benefit or is el igible therefor as provided in this
6361093 article, the member’s beneficiary shall be paid the benefit.
637-
6381094 D. 1. As of the date of determination by the State Board that
6391095 a member is physically or mentally disabled and that the disabili ty
6401096 is permanent and partial or permanent and total as was incurred
641-while in, and in consequence of, the performance or duty as an
1097+while in, and in consequence of, the performance or duty as an RBH No. 10793
1098+ENGR. H. A. to ENGR. S. B. NO. 743 Page 23 1
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6421123 officer has a permanent in-line disability, the member shall be
6431124 awarded a normal disability benefit on the basis of the percen tage
6441125 of impairment to the whol e person, as defined by the most current
6451126 standards of the impairment as outlined in the "American Medical
646-Association's Guides to the Evaluation of Permanent Impairment ", as RBH No. 10793
647-ENR. S. B. NO. 743 Page 16
1127+Association's Guides to the Evaluation of Permanent Impairment ", as
6481128 provided in the following table or as prescribed by paragraph 2 of
6491129 this subsection with respect to injuries sustained as a result of a
6501130 violent act:
651-
6521131 1% to 49% impairment to whole person = 50% of the normal
6531132 disability benefit
654-
6551133 50% to 74% impairment to whole person = 75% of the normal
6561134 disability benefit
657-
6581135 75% to 100% impairment to whole per son = 100% of the normal
6591136 disability benefit, as defined in Section 50 -101 of this title.
660-
6611137 2. If an injury to a member results from a violent ac t as
6621138 defined by this paragraph while in the performance of his or her
6631139 duties as a police officer, the State Board shall make a
6641140 determination that the member has sustain ed a one-hundred-percent
6651141 disability and shall make the benefit award in accordance with that
6661142 standard. As used in this paragraph, "violent act" means a violent
6671143 attack upon the member by means of a dan gerous weapon, including,
6681144 but not limited to, a firearm , knife, automobile, explosive device
669-or other dangerous weapon.
1145+or other dangerous weapon. RBH No. 10793
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6701170
6711171 E. If the participating municipality denies a disabled member
6721172 the option of continuing employment instead of retiring on a
6731173 disability pension, then the burden of proof rests with the
6741174 participating municipality to show cause to the State Board that
6751175 there is no position as a swor n officer within the police department
6761176 of that municipality which the member can fill.
677-
6781177 F. Upon determination by the State Board that a member is
6791178 physically or mentally disabled and that the disability is permanent
6801179 and total and that the member has complet ed ten (10) years of
6811180 credited service and is disabled by any cause, the member shall
6821181 receive a disability benefit on the basis of the member’s accrued
6831182 retirement benefit. A permanent and total impairment equates to one
6841183 hundred percent (100%) of accrued re tirement benefit.
685-
6861184 G. Upon determination by the State Board that a member is
6871185 physically or mentally disabled and that the disability is permanent
6881186 and partial and that t he member has completed ten (10) years of
689-credited service as a member and is disabled from any cause, the RBH No. 10793
690-ENR. S. B. NO. 743 Page 17
1187+credited service as a member and is disabled f rom any cause, the
6911188 member shall be awarded a disability benefit on the basis of the
6921189 member’s years of credited se rvice as a member and the percentage of
6931190 impairment to the whole person, as defined by the most current
6941191 standards of the impairment as outlined in the "American Medical
6951192 Association’s Guides to the Evaluation of Permanent Impairment ", on
6961193 the basis of the fol lowing table:
697-
698-1% to 24% impaired = 25% of accrued retir ement benefit
1194+1% to 24% impaired = 25% of accrued retir ement benefit RBH No. 10793
1195+ENGR. H. A. to ENGR. S. B. NO. 743 Page 25 1
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6991219
7001220 25% to 49% impaired = 50% of accrued retirement benefit
701-
7021221 50% to 74% impaired = 75% of accrued retirement benefit
703-
7041222 75% to 99% impaired = 90% 100% of accrued retirement benefit.
705-
7061223 H. Before making a finding as to the disability of a member,
7071224 the State Board shall require that, if the member is able, the
7081225 member shall make a certificate as to the disability which shall be
7091226 subscribed and sworn to by the member. It shall also require a
7101227 certificate as to such disability to be made by some physician
7111228 licensed to practice in this state as selected by the State Board.
7121229 The State Board may requi re other evidence of disability before
7131230 making the disability benefit. The salary of any such member shall
7141231 continue while the member is so necessarily confined to such
7151232 hospital bed or home and necessarily requires medical care or
7161233 professional nursing on ac count of such sickness or disability for a
7171234 period of not more than six (6) months, after which said the period
7181235 the other provisions of this article may apply. The State B oard, in
7191236 making disability benefits, shall act upon the written request of
7201237 the member or without such request, if it deem it for the good of
7211238 the police department. Any disability benefits shall ce ase when the
7221239 member receiving same shall be restored to act ive service at a
7231240 salary not less than three-fourths (3/4) of the member’s average
7241241 monthly salary.
725-
7261242 I. Any member of a police department of any municipality who,
727-in the line of duty, has been expose d to hazardous substances,
1243+in the line of duty, has been expose d to hazardous substances, RBH No. 10793
1244+ENGR. H. A. to ENGR. S. B. NO. 743 Page 26 1
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7281269 including but not limited to che micals used in the manufacture of a
7291270 controlled dangerous substance or chemicals resul ting from the
7301271 manufacture of a controlled dangerous substance, or to blood -borne
7311272 pathogens and who is later disa bled from a condition that was the
732-result of such exposure and that was not revealed by the physical RBH No. 10793
733-ENR. S. B. NO. 743 Page 18
1273+result of such exposure and that was not revealed by the physical
7341274 examination passed by the member upon entry into the System shall be
7351275 presumed to have incurred such disability while performing the
7361276 officer’s duties unless the contrary is shown by competent evidence.
7371277 The presumption created by this subsection shall have no application
7381278 whatever to any workers’ compensation claim or claims, and it shall
7391279 not be applied or be relied upon in any way in workers ’ compensation
7401280 proceedings. All compensation or benefits due to any member
7411281 pursuant to the presumption created by this subsection shall be paid
7421282 solely by the system.
743-
7441283 J. If the requirements of Section 50-114.4 of this title are
7451284 satisfied, a member who, by reason of disabil ity, is separated from
7461285 service as a public safety officer w ith the member’s participating
7471286 municipality, may elect to have payment made directly to the
7481287 provider for qualified health insurance premiums by deduction from
7491288 his or her monthly disability benefit, after December 31, 2006, in
7501289 accordance with Section 402(l) of the Internal Revenue Code of 1986,
7511290 as amended.
752-
7531291 SECTION 4. Section 1 of this act shall become effective October
754-1, 2022.
1292+1, 2022. RBH No. 10793
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7551317
7561318 SECTION 5. Sections 2 and 3 of this act shall become effective
757-November 1, 2022.
758- RBH No. 10793
759-ENR. S. B. NO. 743 Page 19
760-Passed the Senate the 16th day of May, 2022.
1319+November 1, 2022."
1320+Passed the House of Representatives the 20th day of April, 2022.
1321+
1322+
1323+
1324+
1325+
1326+Presiding Officer of the House of
1327+ Representatives
1328+
1329+
1330+Passed the Senate the ____ day of __________, 2022.
1331+
1332+
7611333
7621334
7631335
7641336 Presiding Officer of the Senate
765-
766-
767-Passed the House of Representatives the 20th day of April, 2022.
1337+ RBS No. 408
1338+
1339+ENGR. S. B. NO. 743 Page 1 1
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1363+
1364+ENGROSSED SENATE
1365+BILL NO. 743 By: Weaver of the Senate
1366+
1367+ and
1368+
1369+ Moore of the House
1370+
1371+
1372+
1373+
1374+An Act relating to police retirement; amending 11
1375+O.S. 2011, Sections 50-101, as amended by Section 1,
1376+Chapter 346, O.S.L. 2016 and 50-115, as last amended
1377+by Section 3, Chapter 120, O.S.L. 2020 (11 O.S. Supp.
1378+2020, Sections 50-101 and 50-115), which relate to
1379+definitions and disability benefit; mod ifying
1380+definitions of permanent in-line disability and
1381+normal disability benefit ; modifying disability
1382+benefits received by certain disabled officers;
1383+updating statutory language; and modifying permanent
1384+impairment guidelines .
1385+
1386+
1387+
1388+
1389+
1390+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAH OMA:
1391+SECTION 6. AMENDATORY 11 O.S. 2011, Section 50-101, as
1392+amended by Section 1, Chapter 346, O.S.L. 2016 (11 O.S. Supp. 2020,
1393+Section 50-101), is amended to read as follows:
1394+Section 50-101. As used in this article:
1395+1. “System” means the Oklahoma Police Pension and Retirement
1396+System and all predecessor muni cipal Police Pension and Retirement
1397+Systems;
1398+2. “Article” means Article 50 of this title;
1399+3. “State Board” means the Oklahoma Police Pension and
1400+Retirement Board; RBS No. 408
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1427+4. “Fund” means the Oklahoma Police Pension and Retirement
1428+Fund;
1429+5. “Officer” means any duly appointed and sworn full-time
1430+officer of the regular police depa rtment of a municipality whose
1431+duties are to preserve the public peace, protect l ife and property,
1432+prevent crime, serve warrants, enforce all laws and municipal
1433+ordinances of this state, a nd any political subdivision thereof, and
1434+who is authorized to bear arms in the execution of such duties;
1435+6. “Member” means all eligible officers of a participating
1436+municipality and any person hired by a participating municipality
1437+who is undergoing police training to become a permanent police
1438+officer of the municipality. Effective July 1, 1987, a member does
1439+not include a “leased employee” as defined under Section 414(n)(2)
1440+of the Internal Revenue Code of 1986, as amended. Effective July 1,
1441+1999, any individual who agrees with the participating municipality
1442+that the individual’s services are to be performed as a leased
1443+employee or an independent cont ractor shall not be a member
1444+regardless of any classification as a common law employee by the
1445+Internal Revenue Service or any other governmental agency, or any
1446+court of competent jurisdiction. A member shall include e ligible
1447+commissioned officers of the O klahoma State Bureau of Narcotics a nd
1448+Dangerous Drugs Control, the Oklahoma State Bureau of Investigation,
1449+and the Alcoholic Beverage Laws Enforcement Commission who elect to RBS No. 408
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1476+participate in the System pursuant to Secti on 50-111.5 of this
1477+title;
1478+7. “Normal retirement date” means the date at which the member
1479+is eligible to receive the unreduced payments of the m ember’s
1480+accrued retirement benefit. Such date shall be the first da y of the
1481+month coinciding with or following the date the member completes
1482+twenty (20) years of credited service. If the member’s employment
1483+continues past the normal retirement date of th e member, the actual
1484+retirement date of the member shall be the firs t day of the month
1485+after the member termina tes employment with more than twenty ( 20)
1486+years of credited service;
1487+8. “Credited service” means the period of service used to
1488+determine the eligibility for and the amount of benefits payable to
1489+a member. Credited service shall consist of the period duri ng which
1490+the member participated in th e System or the predecessor municip al
1491+systems as an active employee in an eligible membership
1492+classification, plus any service prior to the establishment of the
1493+predecessor municipal systems which was credited under th e
1494+predecessor municipal systems or cre dited service granted by the
1495+State Board;
1496+9. “Participating municipality ” means a municipality which is
1497+making contributions to the System on behalf of its officers. The
1498+Oklahoma State Bureau of Narcotics and Dangero us Drugs Control, the
1499+Oklahoma State Bureau of Investigation, and the Alc oholic Beverage RBS No. 408
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1526+Laws Enforcement Commission shall be treated in the same manner as a
1527+participating municipality only regarding those members who elect to
1528+participate in the System pur suant to Section 50-111.5 of this
1529+title;
1530+10. “Permanent total disability ” means incapacity due to
1531+accidental injury or occupational disease, to earn any wages in the
1532+employment for which the member is physically suited and reasonably
1533+fitted through educat ion, training or experience. Further, the
1534+member must be declared one hu ndred percent (100%) impaired as
1535+defined by the “American Medical Associ ation’s Guides to the
1536+Evaluation of Permanent Impairment ” on the basis of a physical
1537+medical examination by a p hysician licensed to practice medicine in
1538+this state, as selected by the State Board;
1539+11. “Permanent partial disability ” means permanent disabil ity
1540+which is less than permanent total disability as defined in this
1541+section. The member must be declared no g reater than ninety-nine
1542+percent (99%) impaired as defined by the “American Medical
1543+Association’s Guides to the Evaluation of Permanent Impairment ” on
1544+the basis of a physical medical examination by a physician lice nsed
1545+to practice medicine in this state, as selected by the State Board;
1546+12. “Permanent in-line disability” means incapacity to earn any
1547+wages as a certified, commissioned police officer due to accidental
1548+injury or occupational disease, incurred while in, and in
1549+consequence of, the performance of duty as an officer when a police RBS No. 408
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1576+officer serving in any capacity at a regular police department of a
1577+participating municipality becomes so physically or mentally
1578+disabled, as determined by an independent medical examiner,
1579+psychiatrist or psychologist selected by the State Board, while in,
1580+and in consequence of, the performance of authorizing activities
1581+while on duty as an officer that he or she is unable to perform the
1582+required duties of a police officer;
1583+13. “Beneficiary” means a member’s surviving spouse or any
1584+surviving children, including biological and adopted children, at
1585+the time of the member’s death. The surviving spouse must have been
1586+married to the member for the thirty (30) continuous months
1587+immediately preceding the member ’s death, provided a survivin g
1588+spouse of a member who died while in, and as a consequence of, the
1589+performance of the member ’s duty for a participating municipality,
1590+shall not be subject to the thirty-month marriage requirement for
1591+survivor benefits. A surviving child of a member shal l be a
1592+beneficiary until reach ing eighteen (18) years of age or t wenty-two
1593+(22) years of age if the child is enro lled full time and regul arly
1594+attending a public or private scho ol or any institution of higher
1595+education. Any child adopted by a member after the member’s
1596+retirement shall be a beneficiary only if the child is adopted by
1597+the member for the thirty (30) con tinuous months preceding the
1598+member’s death. Any child who is adopted by a member after the
1599+member’s retirement and such member dies accidenta lly or as a RBS No. 408
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1626+consequence of the performance of the member ’s duty as a police
1627+officer shall not be subject to the t hirty-month adoption
1628+requirement. This definition of beneficia ry shall be in addition to
1629+any other requirement set forth in this article;
1630+14. “Executive Director” means the managing officer of the
1631+System employed by the State Board;
1632+15. “Eligible employer” means any municipali ty with a municipal
1633+police department;
1634+16. “Entry date” means the date as of which an eligible
1635+employer joins the Syst em. The first entry date purs uant to this
1636+article shall be Janua ry 1, 1981;
1637+17. “Final average salary ” means the average paid base sala ry
1638+of the member for normally scheduled hours over the highest salaried
1639+thirty (30) consecutive months of the last sixt y (60) months of
1640+credited service. Effective July 1, 2016, the f ollowing shall apply
1641+in computing final average salary:
1642+a. only paid base salary on which required contribution s
1643+have been made shall be used in computing a member ’s
1644+final average salary,
1645+b. for purposes of determining th e normal disability
1646+benefit only, final average salary shall be based on
1647+the member’s total service if less than thirty (30)
1648+months, RBS No. 408
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1675+c. in addition to other applicable limitations, and
1676+notwithstanding any other provision to th e contrary,
1677+for plan years beginning on or after July 1, 2002, th e
1678+annual compensation of each “Noneligible Member” taken
1679+into account under the System shall not exceed the
1680+Economic Growth and Tax Relief Reconciliation Act of
1681+2001 (EGTRRA) annual compensat ion limit. The EGTRRA
1682+annual compensation limit is Two Hundred T housand
1683+Dollars ($200,000.00), as adjusted by th e Commissioner
1684+for increases in the cost of living in accordanc e with
1685+Section 401(a)(17)(B) of the Internal Revenue Code of
1686+1986, as amended. The annual compensation limit in
1687+effect for a calendar year appli es to any period, not
1688+exceeding twelve (12) mont hs, over which compensat ion
1689+is determined (“determination period”) beginning in
1690+such calendar year. If a determination period
1691+consists of fewer than twelve (12) months, the EGTRRA
1692+annual compensation limit w ill be multiplied by a
1693+fraction, the numerator o f which is the number of
1694+months in the determination period, an d the
1695+denominator of which is twelve (12). For purposes of
1696+this section, a “Noneligible Member” is any member who
1697+first became a member during a plan year commencing on
1698+or after July 1, 1996, RBS No. 408
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1725+d. for plan years beginn ing on or after July 1, 2002, any
1726+reference in the System to the annual compensation
1727+limit under Section 401(a)(17) of the Internal Revenue
1728+Code of 1986, as amended, shall mean the EGT RRA annual
1729+compensation limit set forth in this provision, and
1730+e. effective January 1, 2008, back pay, within t he
1731+meaning of Section 1.415(c) -2(g)(8) of the Income Tax
1732+Regulations, shall be t reated as paid base salary for
1733+the limitation year to which the b ack pay relates to
1734+the extent the back pay repre sents wages and
1735+compensation that would otherwise be included i n this
1736+definition;
1737+18. “Accrued retirement benefit ” means two and one-half percent
1738+(2 1/2%) of the member ’s final average salary multiplied by t he
1739+member’s years of credited service not to exc eed thirty (30) years;
1740+19. “Normal disability benefit” means the greater of:
1741+a. two and one-half percent (2 1/2%) of the member ’s
1742+final average salary multiplied by twenty (20) years,
1743+notwithstanding the yea rs of actual credit service, or
1744+b. two and one-half percent (2 1/2%) of the member’s
1745+final average salary multiplied by the years of
1746+credited service of the member, not to exceed thirty
1747+(30) years, if the officer has mor e than twenty (20)
1748+years of credited service; RBS No. 408
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1775+20. “Limitation year” means the year used in applying the
1776+limitations of Section 415 of the Internal Revenue Code of 1986, as
1777+amended, which year shall be the calendar year;
1778+21. “Paid base salary” means, effective July 1, 2016, an y
1779+compensation described in subparagraph a of this paragraph that is
1780+not described in subparagraph b of this paragraph.
1781+a. Paid base salary shall in clude only:
1782+(1) normal compensation paid on a regularly sch eduled
1783+pay period, including, but not limited to,
1784+regular pay for holidays, paid time off, vacation
1785+or annual leave, sick leave or compensatory time
1786+in lieu of overtime, any lump sum payment paid i n
1787+lieu of a normal wage incre ase, provided such
1788+lump sum payment is retroactively appl ied over
1789+the prior twelve-month period ending with the
1790+payment date, compensation for bomb s quad pay,
1791+education pay, incentive pay, K-9 pay,
1792+negotiation pay, shift differ ential, sniper pay,
1793+SWAT team pay, emergency response team pay, any
1794+other special unit pay, and any incremen tal
1795+increase in compensation which is not included by
1796+the employer in a member’s regular base pay for
1797+salary increase purposes but is paid by the
1798+employer to the member for grou p health benefits RBS No. 408
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1825+based on an arrangement with a particip ating
1826+municipality that was in place on December 31,
1827+2015, so long as the arrangement contin ues
1828+uninterrupted for a member employed by a
1829+participating municipality on Jun e 30, 2016, who
1830+has not since terminated employment and bee n
1831+rehired by such participa ting municipality,
1832+(2) any amount of elective salary reduction under
1833+Section 125 of the Inte rnal Revenue Code of 1986,
1834+as amended, that would have been treated as paid
1835+base salary but for the salary deferral reduction
1836+agreement,
1837+(3) any amount of elective salary reduction not
1838+includable in the gross income of the member
1839+under Section 132(f)(4) of the Internal Revenue
1840+Code of 1986, as amended, that would have been
1841+treated as paid base salary but for th e salary
1842+deferral reduction ag reement,
1843+(4) any amount of elective salary reduct ion under
1844+Section 457 of the Internal Revenue Code of 1986,
1845+as amended, that would have been treated as paid
1846+base salary but for the salary deferral reduction
1847+agreement, RBS No. 408
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1874+(5) any amount of elective salary red uction under
1875+Section 401(k) of the Internal Reven ue Code of
1876+1986, as amended, that would have been treated as
1877+paid base salary but for the salary deferral
1878+reduction agreement,
1879+(6) any amount of nonelective salary reduction und er
1880+Section 414(h) of the Inter nal Revenue Code of
1881+1986, as amended,
1882+(7) educational allowances paid to obtain training
1883+certification or pursue an adv anced degree,
1884+(8) longevity payments made to members based upon a
1885+standardized plan which recognizes length of
1886+service to the participati ng municipality,
1887+(9) paid base salary shall also include base salary,
1888+as described in divisions (1) through (8) of this
1889+subparagraph, for services, but paid by the later
1890+of two and one-half (2 1/2) months after a
1891+member’s severance from employment or the e nd of
1892+the calendar year tha t includes the date th e
1893+member terminated employment, if it is a payment
1894+that, absent a severance from employment, would
1895+have been paid to the member while the member
1896+continued in employment with the participating
1897+municipality, RBS No. 408
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1924+(10) any payments not descri bed in divisions (1)
1925+through (9) of this subparagraph shall not be
1926+considered paid base sala ry if paid after
1927+severance from employment, even if they are paid
1928+by the later of two and one-half (2 1/2) months
1929+after the date of sever ance from employment or
1930+the end of the calendar y ear that includes the
1931+date of severance from employment, except
1932+payments to an individual who does not currently
1933+perform services for the participat ing
1934+municipality by reason of qualified military
1935+service within the meaning of Section 414(u)(5)
1936+of the Internal Revenue Code of 1986, as amended,
1937+to the extent these payments do not exceed the
1938+amounts the individual would have received if the
1939+individual had continued to perform servi ces for
1940+the participating muni cipality rather than
1941+entering qualified military service,
1942+(11) back pay, within the meaning of Section 1.415(c) -
1943+2(g)(8) of the Income Tax Regulations, shall be
1944+treated as paid base salary for the l imitation
1945+year to which the back pay relates to the extent
1946+the back pay represents wag es and compensation RBS No. 408
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1973+that would otherwise be included in this
1974+definition, and
1975+(12) paid base salary shall also include differential
1976+wage payments under Section 414(u)(12) of the
1977+Internal Revenue Code of 1986, as amended.
1978+b. Notwithstanding anything to the c ontrary in this
1979+section, paid base salary shall not include any:
1980+(1) fringe benefits, reimbu rsements, or increases in
1981+compensation due to reimbursements to the extent
1982+not specifically included above in subparagraph a
1983+of this paragraph,
1984+(2) incremental increase in compensation w hich is not
1985+included by the employer in a member ’s regular
1986+base pay for salary increase purposes but is paid
1987+by the employer to the member for group health
1988+benefits not otherwis e included above in division
1989+(1) of subparagraph a of thi s paragraph,
1990+(3) insurance benefits, including any reimbursements
1991+thereof, or insurance proc eeds of any type not
1992+otherwise included above in division (1) of
1993+subparagraph a of this paragraph,
1994+(4) bonuses, including signing bonuses , lump-sum
1995+payments or stipends made to the membe r not RBS No. 408
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2022+otherwise included above in division (1) of
2023+subparagraph a of th is paragraph,
2024+(5) overtime compensation,
2025+(6) payments whether prior to or upon termination of
2026+employment for accumulated unused vacation or
2027+unused annual leave, acc umulated unused sick
2028+leave, or accumulated unused paid time off or
2029+other unused leave,
2030+(7) payments made in error to a member,
2031+(8) payments made by the participating muni cipality
2032+for services rendere d by the member, which
2033+services are not part of the membe r’s job duties
2034+and responsibilities of his or her job position
2035+with the participating munici pality,
2036+(9) severance pay,
2037+(10) unemployment payments, and
2038+(11) uniform and equipment allowances; and
2039+22. “Actuarial equivalent ” means equality in value of the
2040+aggregate amounts expecte d to be received based on interest rate and
2041+mortality assumptions set by the State Board, in a manner that
2042+precludes employer discretion, and based upon recommendations from
2043+independent professional advisors , and which shall be publis hed
2044+annually in the actuarial report. RBS No. 408
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2071+SECTION 7. AMENDATORY 11 O.S. 2011, Section 50-115, as
2072+last amended by Section 3, Chapter 120, O.S.L. 202 0 (11 O.S. Supp.
2073+2020, Section 50-115), is amended to read a s follows:
2074+Section 50-115. A. The State Board is authorized t o pay a
2075+disability benefit to a member of the System or a pension to the
2076+beneficiaries of such member eligible as hereinafter provided, not
2077+exceeding the accrued retirement benefit of the membe r, except as
2078+otherwise provided in this article. Such disabili ty benefit shall
2079+be payable immediately upon determi nation of eligibility. Any
2080+preexisting condition identified at the time of any initial or
2081+subsequent membership shall be used to offset the percentage of
2082+impairment to the whole person in determining any disability
2083+benefit. Once the initial disability be nefit has been awarded by
2084+the Board on the basis of the percentage of impairment to the whole
2085+person, the member shall have no further recour se to increase the
2086+awarded percentage of impairment.
2087+B. In order for any member to be eligible for any disability
2088+benefit, or the member’s beneficiaries to be eligible for a pension,
2089+the member must have complied with any agreement as to contributions
2090+by the member and other members to any funds of the System where
2091+said the agreement has been made as provided by this arti cle; and
2092+the State Board must find: RBS No. 408
2093+
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2119+1. That the member incurred a permanent total disability or a
2120+permanent partial disability or died w hile in, and in consequence
2121+of, the performance of duty as an o fficer; or
2122+2. That such member has served ten (10) year s and incurred a
2123+permanent total disability or a permanent partial disability or has
2124+died from any cause.
2125+C. In the event of the death o f any member who has been awarded
2126+a disability benefit or is el igible therefor as provided in this
2127+article, the member’s beneficiary shall be paid the benefit.
2128+D. 1. As of the date of determination by the State Board that
2129+a member is physically or mental ly disabled and that the disabili ty
2130+is permanent and partial or permanent and total as was incurred
2131+while in, and in consequence of, the performance or duty as an
2132+officer has a permanent in-line disability, the member shall be
2133+awarded a normal disability benefit on the basis of the percen tage
2134+of impairment to the whol e person, as defined by the most current
2135+standards of the impairment as outlined in the “American Medical
2136+Association’s Guides to the Evaluation of Permanent Impairment ”, as
2137+provided in the following table or as prescribed by paragraph 2 of
2138+this subsection with respect to injuries sustained as a result of a
2139+violent act:
2140+1% to 49% impairment to whole person = 50% of the normal
2141+ disability benefit RBS No. 408
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2143+ENGR. S. B. NO. 743 Page 17 1
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2168+50% to 74% impairment to whole person = 75% of the normal
2169+ disability benefit
2170+75% to 100% impairment to whole per son = 100% of the normal
2171+disability benefit, as defined in Section 50 -101 of this title.
2172+2. If an injury to a member results from a violent ac t as
2173+defined by this paragraph while in the perfor mance of his or her
2174+duties as a police officer, the State Board shall make a
2175+determination that the member has sustain ed a one-hundred-percent
2176+disability and shall make the benefit award in accordance with that
2177+standard. As used in this paragraph, “violent act” means a violent
2178+attack upon the member by means of a dan gerous weapon, including,
2179+but not limited to, a firearm , knife, automobile, explosive device
2180+or other dangerous weapon.
2181+E. If the participatin g municipality denies a disabled member
2182+the option of continuing employment instead of retiring on a
2183+disability pension, then the burden of proof rests with the
2184+participating municipality to show cause to the State Board that
2185+there is no position as a swor n officer within the police department
2186+of that municipality which the member can fill.
2187+F. Upon determination by the State Board that a member is
2188+physically or mentally disabled and that the disability is permanent
2189+and total and that the member has complet ed ten (10) years of
2190+credited service and is disab led by any cause, the member shall
2191+receive a disability benefit on the basis of the member’s accrued RBS No. 408
2192+
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2218+retirement benefit. A permanent and total impairment equates to one
2219+hundred percent (100%) of accrued re tirement benefit.
2220+G. Upon determination by the St ate Board that a member is
2221+physically or mentally disabled and that the disability is permanent
2222+and partial and that t he member has completed ten (10) years of
2223+credited service as a member and is disabled f rom any cause, the
2224+member shall be awarded a disab ility benefit on the basis of the
2225+member’s years of credited se rvice as a member and the percentage of
2226+impairment to the whole person, as defined by the most current
2227+standards of the impairment as outlined in the “American Medical
2228+Association’s Guides to the Evaluation of Permanent Impairment ”, on
2229+the basis of the fol lowing table:
2230+1% to 24% impaired = 25% of accrued retir ement benefit
2231+25% to 49% impaired = 50% of accrued retirement benefit
2232+50% to 74% impaired = 75% of accrued retirement benefit
2233+75% to 99% impaired = 90% 100% of accrued retirement benefit.
2234+H. Before making a finding as to the disability of a member,
2235+the State Board shall require that, if the member is able, the
2236+member shall make a certificate as t o the disability which shall be
2237+subscribed and sworn to by the member. It shall also require a
2238+certificate as to such disability to be made by some physician
2239+licensed to practice in this state as selected by the State Board.
2240+The State Board may require o ther evidence of disability before
2241+making the disability benefit. The salary of any such member shall RBS No. 408
2242+
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2268+continue while the member is so necessarily confined to such
2269+hospital bed or home and necessarily requires medical care or
2270+professional nursing on accoun t of such sickness or disability for a
2271+period of not more than six (6) months, after which said the period
2272+the other provisions of this article may apply. The State B oard, in
2273+making disability benefits, shall act upon the written request of
2274+the member or without such request, if it deem it for the g ood of
2275+the police department. Any disability benefits shall ce ase when the
2276+member receiving same shall be restored to act ive service at a
2277+salary not less than three-fourths (3/4) of the member ’s average
2278+monthly salary.
2279+I. Any member of a police departmen t of any municipality who,
2280+in the line of duty, has been expose d to hazardous substances,
2281+including but not limited to che micals used in the manufacture of a
2282+controlled dangerous substance or chemicals resulting fro m the
2283+manufacture of a controlled dangero us substance, or to blood -borne
2284+pathogens and who is later disa bled from a condition that was the
2285+result of such exposure and that was not revealed by the physical
2286+examination passed by the member upon entry into th e System shall be
2287+presumed to have incurr ed such disability while performing the
2288+officer’s duties unless the contrary is shown by competent evidence.
2289+The presumption created by this subsection shall have no application
2290+whatever to any workers ’ compensation claim or claims, and it shall
2291+not be applied or be relied upon in any way in workers ’ compensation RBS No. 408
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2318+proceedings. All compensation or benefits due to any member
2319+pursuant to the presumption created by this subsection shall be paid
2320+solely by the system.
2321+J. If the requirements of Section 50 -114.4 of this title are
2322+satisfied, a member who, by reason of disabil ity, is separated from
2323+service as a public safety officer w ith the member’s participating
2324+municipality, may elect to have payment made directly to the
2325+provider for qualified health insurance pr emiums by deduction from
2326+his or her monthly disability benefit, after December 31, 2006, in
2327+accordance with Section 402(l) of the Internal Revenue Code of 1986,
2328+as amended.
2329+Passed the Senate the 9th day of March, 2021.
2330+
2331+
2332+
2333+ Presiding Officer of the Senate
2334+
2335+
2336+Passed the House of Representatives the ____ day of __________,
2337+2021.
7682338
7692339
7702340
7712341 Presiding Officer of the House
7722342 of Representatives
7732343
774-OFFICE OF THE GOVERNOR
775-Received by the Office of the Governor this _______ _____________
776-day of ___________________, 20_______, at _______ o'clock _______ M.
777-By: _______________________________ __
778-Approved by the Governor of the State of Oklahoma this _____ ____
779-day of _________________ __, 20_______, at _______ o'clock _______ M.
780-
781- ___________________________ ______
782- Governor of the State of Oklahoma
783-
784-
785-OFFICE OF THE SECRETARY OF STATE
786-Received by the Office of the Secretary of State this _______ ___
787-day of __________________, 20 _______, at _______ o'clock _______ M.
788-By: _______________________________ __
2344+