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2 | 1 | RBH No. 10793 | |
3 | - | ||
4 | - | An Act | |
5 | - | ENROLLED SENATE | |
6 | - | BILL NO. 743 By: Weaver of the Senate | |
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27 | + | ENGROSSED HOUSE AMENDME NT | |
28 | + | TO | |
29 | + | ENGROSSED SENATE BILL NO . 743 By: Weaver of the Senate | |
7 | 30 | ||
8 | 31 | and | |
9 | 32 | ||
10 | 33 | Moore of the House | |
11 | 34 | ||
12 | 35 | ||
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14 | 37 | ||
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 | |
20 | 44 | definitions and disability benefit; mod ifying | |
21 | 45 | definitions of permanent in-line disability and | |
22 | 46 | normal disability benefit ; modifying disability | |
23 | 47 | 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: | |
57 | + | ||
58 | + | ||
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; | |
24 | 68 | updating statutory language; modifying permanent | |
25 | - | impairment guidelines ; and providing effective dates. | |
26 | - | ||
27 | - | ||
28 | - | ||
29 | - | SUBJECT: Public retirement system s | |
69 | + | impairment guidelines ; and providing effective | |
70 | + | dates. | |
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73 | + | RBH No. 10793 | |
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31 | 99 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAH OMA: | |
32 | - | ||
33 | 100 | SECTION 1. AMENDATORY 62 O.S. 2021, Section 3103, is | |
34 | 101 | amended to read as follows: | |
35 | - | ||
36 | 102 | Section 3103. As used in the Oklahoma Pension Legislation | |
37 | 103 | Actuarial Analysis Act: | |
38 | - | ||
39 | 104 | 1. "Amendment" means any amendment, including a substitute | |
40 | 105 | bill, made to a retirement bill by any committee of the House or | |
41 | 106 | Senate, any conference committee of the House or Senate or by the | |
42 | 107 | House or Senate; | |
43 | - | ||
44 | 108 | 2. "RB number" means that number precede d by the letters "RB" | |
45 | 109 | 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 | |
48 | 111 | the respective staff office prepares a retirement bill for a member | |
49 | 112 | of the Legislature; | |
50 | - | ||
51 | 113 | 3. "Legislative Actuary" means the firm or entity that enters | |
52 | 114 | into a contract with the Legislative Service Bureau pursuant to | |
53 | 115 | Section 452.15 of Title 74 of the Oklahoma Statutes to provide the | |
54 | 116 | actuarial services and other duties provided for in the Oklahoma | |
55 | 117 | Pension Legislation Actuarial Analysis Act; | |
56 | - | ||
57 | 118 | 4. "Nonfiscal amendment" means an amendment to a retirement | |
58 | 119 | bill having a fiscal impact, which amendment does not change any | |
59 | 120 | factor of an actuarial investigation specified in subsection A of | |
60 | 121 | Section 3109 of this title; | |
61 | - | ||
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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63 | 147 | ||
64 | 148 | a. which does not affect the cost or funding factors of a | |
65 | 149 | retirement system, | |
66 | - | ||
67 | 150 | b. which affects such factors only in a manner which does | |
68 | 151 | not: | |
69 | - | ||
70 | 152 | (1) grant a benefit increase under the retirement | |
71 | 153 | system affected by the bill, | |
72 | - | ||
73 | 154 | (2) create an actuarial accrued liability for or | |
74 | 155 | increase the actuarial accrued liability of the | |
75 | 156 | retirement system affected by the bill, or | |
76 | - | ||
77 | 157 | (3) increase the normal cost of the retirement system | |
78 | 158 | affected by the bill, | |
79 | - | ||
80 | 159 | c. which authorizes the purchase by an active member of | |
81 | 160 | the retirement system, at the actuarial cost for the | |
82 | 161 | purchase as computed pursuant to the statute in effect | |
83 | 162 | on the effective date of the measure allowing such | |
84 | 163 | purchase, of years of service for purposes of reaching | |
85 | 164 | a normal retirement date in the applicable retirement | |
86 | 165 | system, but which cannot be used in order to compute | |
87 | 166 | the number of years of service for purposes of | |
88 | 167 | computing the retirement benefit for the member, | |
89 | - | RBH No. 10793 | |
90 | - | ENR. S. B. NO. 743 Page 3 | |
91 | 168 | d. which provides for the computation of a service - | |
92 | 169 | connected disability retirement benefit for members of | |
93 | 170 | 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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95 | 197 | Statutes if the members were unable to complete twenty | |
96 | 198 | (20) years of service as a result of the disability, | |
97 | - | ||
98 | 199 | e. which requires membership in the defined benefit plan | |
99 | 200 | authorized by Section 901 et seq. of Title 74 of the | |
100 | 201 | Oklahoma Statutes for persons whose first elected or | |
101 | 202 | appointed service occurs on or after November 1, 2018, | |
102 | 203 | if such persons had any prior service in t he Oklahoma | |
103 | 204 | Public Employees Retirement System prior to November | |
104 | 205 | 1, 2015, | |
105 | - | ||
106 | 206 | f. which provides for a one-time increase in retirement | |
107 | 207 | benefits if the increase in retirement benefits is not | |
108 | 208 | a permanent increase in the gross annual retirement | |
109 | 209 | benefit payable to a member or beneficiary, occurs | |
110 | 210 | only once pursuant to a single statutory authorization | |
111 | 211 | and does not exceed: | |
112 | - | ||
113 | 212 | (1) the lesser of two percent (2%) of the gross | |
114 | 213 | annual retirement benefit of the member or One | |
115 | 214 | Thousand Dollars ($1,000.00) and requires that | |
116 | 215 | the benefit may only be provided if the funded | |
117 | 216 | ratio of the affected retirement system would not | |
118 | 217 | be less than sixty percent (60%) but not greater | |
119 | 218 | than eighty percent (80%) after the benefit | |
120 | - | increase is paid, | |
219 | + | increase is paid, RBH No. 10793 | |
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121 | 244 | ||
122 | 245 | (2) the lesser of two percent (2%) of the gross | |
123 | 246 | annual retirement benefit of the member or One | |
124 | 247 | Thousand Two Hundred Dollars ($1,200.00) and | |
125 | 248 | requires that the benefit may only be provided if | |
126 | 249 | the funded ratio of the affected retirement | |
127 | 250 | system would be greater than eighty percent (80%) | |
128 | 251 | but not greater than one h undred percent (100%) | |
129 | 252 | after the benefit increase is paid, | |
130 | - | ||
131 | 253 | (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 | |
134 | 255 | Thousand Four Hundred Dollars ($1,400.00) and | |
135 | 256 | requires that the benefit may only be provided if | |
136 | 257 | the funded ratio of the affected retirement | |
137 | 258 | system would be greater than one hundred percent | |
138 | 259 | (100%) after the benefit increase is paid, or | |
139 | - | ||
140 | 260 | (4) the greater of two percent (2%) of the gross | |
141 | 261 | annual retirement benefit of the volunteer | |
142 | 262 | firefighter or One Hundred Dolla rs ($100.00) for | |
143 | 263 | persons who retired from the Oklahoma | |
144 | 264 | Firefighters Pension and Retirement System as | |
145 | 265 | volunteer firefighters and who did not retire | |
146 | 266 | 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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148 | 292 | ||
149 | 293 | As used in this subparagr aph, "funded ratio" means the | |
150 | 294 | figure derived by dividing the actuarial value of | |
151 | 295 | assets of the applicable retirement system by the | |
152 | 296 | actuarial accrued liability of the applicable | |
153 | 297 | retirement system, | |
154 | - | ||
155 | 298 | g. which modifies the disability pension standard for | |
156 | 299 | police officers who are members of the Oklahoma Police | |
157 | 300 | Pension and Retirement System as provi ded by Section 3 | |
158 | 301 | of this act, or | |
159 | - | ||
160 | 302 | h. which provides a cost-of-living benefit increase | |
161 | 303 | pursuant to the provisions of Sections 2 through 7 of | |
162 | 304 | this act: | |
163 | - | ||
164 | 305 | (1) Section 49-143.7 of Title 11 of the Oklahoma | |
165 | 306 | Statutes, | |
166 | - | ||
167 | 307 | (2) Section 50-136.9 of Title 11 of the Oklahoma | |
168 | 308 | Statutes, | |
169 | - | ||
170 | 309 | (3) Section 1104K of Title 20 of the Oklahoma | |
171 | 310 | Statutes, | |
172 | - | ||
173 | 311 | (4) Section 2-305.12 of Title 47 of the Oklahoma | |
174 | 312 | Statutes, | |
175 | - | RBH No. 10793 | |
176 | - | ENR. S. B. NO. 743 Page 5 | |
177 | 313 | (5) Section 17-116.22 of Title 70 of the O klahoma | |
178 | 314 | Statutes, | |
179 | - | ||
180 | 315 | (6) Section 930.11 of Title 74 of the Oklahoma | |
181 | - | Statutes, or | |
316 | + | Statutes, or RBH No. 10793 | |
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182 | 341 | ||
183 | 342 | i. which modifies the computation of the line-of-duty | |
184 | 343 | disability benefit pursuant to the provisions of this | |
185 | 344 | act. | |
186 | - | ||
187 | 345 | A nonfiscal retirement bill shall include any retirement bill th at | |
188 | 346 | has as its sole purpose the appropriation or distribution or | |
189 | 347 | redistribution of monies in some manner to a retirement system for | |
190 | 348 | purposes of reducing the unfunded liability of such system or the | |
191 | 349 | earmarking of a portion of the revenue from a tax to a reti rement | |
192 | 350 | system or increasing the percentage of the revenue earmarked from a | |
193 | 351 | tax to a retirement system; | |
194 | - | ||
195 | 352 | 6. "Reduction-in-cost amendment" means an amendment to a | |
196 | 353 | retirement bill having a fiscal impact which reduces the cost of the | |
197 | 354 | bill as such cost is deter mined by the actuarial investigation for | |
198 | 355 | the bill prepared pursuant to Section 3109 of this title; | |
199 | - | ||
200 | 356 | 7. "Retirement bill" means any bill or joint resolution | |
201 | 357 | introduced or any bill or joint resolution amended by a member of | |
202 | 358 | the Oklahoma Legislature which cre ates or amends any law directly | |
203 | 359 | affecting a retirement system. A retirement bill shall not mean a | |
204 | 360 | bill or resolution that impacts the revenue of any state tax in | |
205 | 361 | which a portion of the revenue generated from such tax is earmarked | |
206 | 362 | for the benefit of a reti rement system; | |
207 | - | ||
208 | 363 | 8. "Retirement bill having a fiscal impact" means any | |
209 | 364 | 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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211 | 390 | ||
212 | 391 | 9. "Retirement system" means the Teachers' Retirement System of | |
213 | 392 | Oklahoma, the Oklahoma Public Employees Retirement System, the | |
214 | 393 | Uniform Retirement System for Justices and Judges, the Oklahoma | |
215 | 394 | Firefighters Pension and Retirement System, the Oklahoma Police | |
216 | 395 | Pension and Retirement System, the Oklahoma Law Enf orcement | |
217 | 396 | Retirement System, or a retirement system established after January | |
218 | - | 1, 2006. RBH No. 10793 | |
219 | - | ENR. S. B. NO. 743 Page 6 | |
220 | - | ||
397 | + | 1, 2006. | |
221 | 398 | SECTION 2. AMENDATORY 11 O.S. 2021, Section 50-101, is | |
222 | 399 | amended to read as follows: | |
223 | - | ||
224 | 400 | Section 50-101. As used in this article: | |
225 | - | ||
226 | 401 | 1. "System" means the Oklahoma Police Pension and Retirement | |
227 | 402 | System and all predecessor muni cipal Police Pension and Retirement | |
228 | 403 | Systems; | |
229 | - | ||
230 | 404 | 2. "Article" means Article 50 of this title; | |
231 | - | ||
232 | 405 | 3. "State Board" means the Oklahoma Police Pension and | |
233 | 406 | Retirement Board; | |
234 | - | ||
235 | 407 | 4. "Fund" means the Oklahoma Police Pension and Retirement | |
236 | 408 | Fund; | |
237 | - | ||
238 | 409 | 5. "Officer" means any duly appointed and sworn full-time | |
239 | 410 | officer of the regular police depa rtment of a municipality whose | |
240 | 411 | duties are to preserve the public peace, protect l ife and property, | |
241 | 412 | prevent crime, serve warrants, enforce all laws and municipal | |
242 | 413 | 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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244 | 439 | ||
245 | 440 | 6. "Member" means all eligible officers of a participating | |
246 | 441 | municipality and any person hired by a participating municipality | |
247 | 442 | who is undergoing police training to become a permanent police | |
248 | 443 | officer of the municipality. Effective July 1, 1987, a member does | |
249 | 444 | not include a "leased employee" as defined under Section 414(n)(2) | |
250 | 445 | of the Internal Revenue Code of 1986, as amended. Effective J uly 1, | |
251 | 446 | 1999, any individual who agrees with the participating municipality | |
252 | 447 | that the individual’s services are to be performed as a leased | |
253 | 448 | employee or an independent cont ractor shall not be a member | |
254 | 449 | regardless of any classification as a common law employee by the | |
255 | 450 | Internal Revenue Service or any other governmental agency, or any | |
256 | 451 | court of competent jurisdiction. A member shall include e ligible | |
257 | 452 | commissioned officers of the O klahoma State Bureau of Narcotics and | |
258 | 453 | Dangerous Drugs Control, the Oklahoma State Burea u of Investigation, | |
259 | 454 | and the Alcoholic Beverage Laws Enforcement Commission who elect to | |
260 | 455 | participate in the System pursuant to Secti on 50-111.5 of this | |
261 | - | title; RBH No. 10793 | |
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263 | - | ||
456 | + | title; | |
264 | 457 | 7. "Normal retirement date" means the date at which the member | |
265 | 458 | is eligible to receive the unreduc ed payments of the m ember’s | |
266 | 459 | accrued retirement benefit. Such date shall be the first da y of the | |
267 | 460 | month coinciding with or following the date the member completes | |
268 | 461 | twenty (20) years of credited service. If the member’s employment | |
269 | 462 | 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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271 | 489 | after the member termina tes employment with more than twenty ( 20) | |
272 | 490 | years of credited service; | |
273 | - | ||
274 | 491 | 8. "Credited service" means the period of service used to | |
275 | 492 | determine the eligibility for and the amount of benefits payable to | |
276 | 493 | a member. Credited service shall consist of the period duri ng which | |
277 | 494 | the member participated in th e System or the predecessor munic ipal | |
278 | 495 | systems as an active employee in an eligible memb ership | |
279 | 496 | classification, plus any service prior to the establishment of the | |
280 | 497 | predecessor municipal systems which was credited under th e | |
281 | 498 | predecessor municipal systems or cre dited service granted by the | |
282 | 499 | State Board; | |
283 | - | ||
284 | 500 | 9. "Participating municipality" means a municipality which is | |
285 | 501 | making contributions to the System on behalf of its officers. The | |
286 | 502 | Oklahoma State Bureau of Narcotics and Dangero us Drugs Control, the | |
287 | 503 | Oklahoma State Bureau of Investigation, and the A lcoholic Beverage | |
288 | 504 | Laws Enforcement Commission shall be treated in the same manner as a | |
289 | 505 | participating municipality only regarding those members who elect to | |
290 | 506 | participate in the System pur suant to Section 50-111.5 of this | |
291 | 507 | title; | |
292 | - | ||
293 | 508 | 10. "Permanent total disabili ty" means incapacity due to | |
294 | 509 | accidental injury or occup ational disease, to earn any wages in the | |
295 | 510 | employment for which the member is physically suited and reasonably | |
296 | 511 | 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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298 | 538 | defined by the "American Medical Associ ation’s Guides to the | |
299 | 539 | Evaluation of Permanent Impairment " on the basis of a physical | |
300 | 540 | medical examination by a p hysician licensed to practice medicine in | |
301 | 541 | this state, as selected by th e State Board; | |
302 | - | ||
303 | 542 | 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 | |
306 | 544 | section. The member must be declared no g reater than ninety-nine | |
307 | 545 | percent (99%) impaired as defined by the "American Medical | |
308 | 546 | Association’s Guides to the Evaluation of Permanent Impairment " on | |
309 | 547 | the basis of a physical medical examination by a physician lice nsed | |
310 | 548 | to practice medicine in this state, as selected by the State Board; | |
311 | - | ||
312 | 549 | 12. "Permanent in-line disability" means incapacity to earn any | |
313 | 550 | wages as a certified, commissi oned police officer due to accidental | |
314 | 551 | injury or occupational disease, incurred while in, and in | |
315 | 552 | consequence of, the performance of duty as an officer when a police | |
316 | 553 | officer serving in any capacity at a regular police department of a | |
317 | 554 | participating municipali ty becomes so physically or mentally | |
318 | 555 | disabled, as determined by an independent medical examiner, | |
319 | 556 | psychiatrist, or psychologist selected by the State Board, while in, | |
320 | 557 | and in consequence of, the performan ce of authorizing activities | |
321 | 558 | while on duty as an officer that he or she is unable to perform the | |
322 | 559 | required duties of a police officer; | |
323 | - | ||
324 | 560 | 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 | |
562 | + | ENGR. H. A. to ENGR. S. B. NO. 743 Page 12 1 | |
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326 | 587 | the time of the member’s death. The surviving spouse must have been | |
327 | 588 | married to the member for the thirty (30) continuous months | |
328 | 589 | immediately preceding the member ’s death, provided a survivin g | |
329 | 590 | spouse of a member who died while in, and as a consequence o f, the | |
330 | 591 | performance of the member's duty for a participating municipality, | |
331 | 592 | shall not be subject to the thirty-month marriage requirement for | |
332 | 593 | survivor benefits. A surviving child of a member shal l be a | |
333 | 594 | beneficiary until reach ing eighteen (18) years of age o r twenty-two | |
334 | 595 | (22) years of age if the child is enrolled full time and regul arly | |
335 | 596 | attending a public or private school or any institution of higher | |
336 | 597 | education. Any child adopted by a member after the member’s | |
337 | 598 | retirement shall be a beneficiary only if the chi ld is adopted by | |
338 | 599 | the member for the thirty (30) continuous months preceding the | |
339 | 600 | member’s death. Any child who is adopted by a member after the | |
340 | 601 | member’s retirement and such member dies accidenta lly or as a | |
341 | 602 | consequence of the performance of the member ’s duty as a police | |
342 | 603 | officer shall not be subject to the thirty-month adoption | |
343 | 604 | requirement. This definition of beneficiary shall be in addition to | |
344 | 605 | any other requirement set forth in this article; | |
345 | - | ||
346 | 606 | 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 | |
349 | - | ||
607 | + | System employed by the State Board; | |
350 | 608 | 15. "Eligible employer" means any municipali ty with a municipal | |
351 | - | police department; | |
609 | + | police department; RBH No. 10793 | |
610 | + | ENGR. H. A. to ENGR. S. B. NO. 743 Page 13 1 | |
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352 | 634 | ||
353 | 635 | 16. "Entry date" means the date as of which an eligible | |
354 | 636 | employer joins the Syst em. The first entry date purs uant to this | |
355 | 637 | article shall be January 1, 1981; | |
356 | - | ||
357 | 638 | 17. "Final average salary" means the average paid base sala ry | |
358 | 639 | of the member for normally scheduled hours over the highest salaried | |
359 | 640 | thirty (30) consecutive months of the last sixt y (60) months of | |
360 | 641 | credited service. Effective July 1, 2016, th e following shall apply | |
361 | 642 | in computing final average salary: | |
362 | - | ||
363 | 643 | a. only paid base salary on which required contributions | |
364 | 644 | have been made shall be used in computing a member ’s | |
365 | 645 | final average salary, | |
366 | - | ||
367 | 646 | b. for purposes of determining th e normal disability | |
368 | 647 | benefit only, final average salary shall be based on | |
369 | 648 | the member’s total service if less than thirty (30) | |
370 | 649 | months, | |
371 | - | ||
372 | 650 | c. in addition to other applicable limitations, and | |
373 | 651 | notwithstanding any other provision to th e contrary, | |
374 | 652 | for plan years beginning on or after July 1, 2002, the | |
375 | 653 | annual compensation of each “Noneligible Member” taken | |
376 | 654 | into account under the System shall not exceed the | |
377 | 655 | Economic Growth and Tax Relief Reconciliation Act of | |
378 | 656 | 2001 (EGTRRA) annual compensat ion limit. The EGTRRA | |
379 | 657 | 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 | |
659 | + | ENGR. H. A. to ENGR. S. B. NO. 743 Page 14 1 | |
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381 | 684 | for increases in the cost of living in accordance with | |
382 | 685 | Section 401(a)(17)(B) of the Internal Revenue Code of | |
383 | 686 | 1986, as amended. The annual compensation limit in | |
384 | 687 | effect for a calendar year ap plies to any period, not | |
385 | 688 | exceeding twelve (12) months, over which compensat ion | |
386 | 689 | is determined ("determination period") beginning in | |
387 | 690 | such calendar year. If a determination period | |
388 | 691 | consists of fewer than twelve (12) months, the EGTRRA | |
389 | 692 | 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 | |
392 | 694 | months in the determination period, and the | |
393 | 695 | denominator of which is twelve (12). For purposes of | |
394 | 696 | this section, a "Noneligible Member" is any member who | |
395 | 697 | first became a member durin g a plan year commencing on | |
396 | 698 | or after July 1, 1996, | |
397 | - | ||
398 | 699 | d. for plan years beginn ing on or after July 1, 2002, any | |
399 | 700 | reference in the System to the annual compensation | |
400 | 701 | limit under Section 401(a)(17) of the Internal Revenue | |
401 | 702 | Code of 1986, as amended, shall mean the EGTRRA annual | |
402 | 703 | compensation limit set forth in this provision, and | |
403 | - | ||
404 | 704 | e. effective January 1, 2008, back pay, within the | |
405 | 705 | meaning of Section 1.415(c) -2(g)(8) of the Income Tax | |
406 | 706 | 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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408 | 733 | the extent the back pay represents wages and | |
409 | 734 | compensation that would otherwise be included in this | |
410 | 735 | definition; | |
411 | - | ||
412 | 736 | 18. "Accrued retirement benefit " means two and one-half percent | |
413 | 737 | (2 1/2%) of the member ’s final average salary multiplied b y the | |
414 | 738 | member’s years of credited service not to exceed thirty (30) years; | |
415 | - | ||
416 | 739 | 19. "Normal disability benefit" means the greater of: | |
417 | - | ||
418 | 740 | a. two and one-half percent (2 1/2%) of the member ’s | |
419 | 741 | final average salary multiplied by twenty (20) years, | |
420 | 742 | notwithstanding the years of actual credited service, | |
421 | 743 | or | |
422 | - | ||
423 | 744 | b. two and one-half percent (2 1/2%) of the member’s | |
424 | 745 | final average salary multiplied by the years of | |
425 | 746 | credited service of the member, not to exceed thirty | |
426 | 747 | (30) years, if the officer has mor e than twenty (20) | |
427 | 748 | years of credited service; | |
428 | - | ||
429 | 749 | 20. "Limitation year" means the year used in applying the | |
430 | 750 | limitations of Section 415 of the Internal Revenue Code of 1986, as | |
431 | 751 | amended, which year shall be the calendar year; | |
432 | - | RBH No. 10793 | |
433 | - | ENR. S. B. NO. 743 Page 11 | |
434 | 752 | 21. "Paid base salary" means, effective July 1, 2016, an y | |
435 | 753 | compensation described in subparagraph a of this paragraph that is | |
436 | 754 | 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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439 | 780 | ||
440 | 781 | (1) normal compensation paid on a regularly scheduled | |
441 | 782 | pay period, including, but not limited to, | |
442 | 783 | regular pay for holidays, paid time off, vacation | |
443 | 784 | or annual leave, sick leave or compensatory time | |
444 | 785 | in lieu of overtime, any lump sum payment paid i n | |
445 | 786 | lieu of a normal wage incre ase, provided such | |
446 | 787 | lump sum payment is retroactively appl ied over | |
447 | 788 | the prior twelve-month period ending with the | |
448 | 789 | payment date, compensation for b omb squad pay, | |
449 | 790 | education pay, incentive pay, K-9 pay, | |
450 | 791 | negotiation pay, shift differ ential, sniper pay, | |
451 | 792 | SWAT team pay, emergency response team pay, any | |
452 | 793 | other special unit pay, and any incremen tal | |
453 | 794 | increase in compensation which is not included by | |
454 | 795 | the employer in a member’s regular base pay for | |
455 | 796 | salary increase purposes but is paid by the | |
456 | 797 | employer to the member for grou p health benefits | |
457 | 798 | based on an arrangement with a particip ating | |
458 | 799 | municipality that was in place on December 31, | |
459 | 800 | 2015, so long as the arrangement c ontinues | |
460 | 801 | uninterrupted for a member employed by a | |
461 | 802 | participating municipality on Jun e 30, 2016, who | |
462 | 803 | 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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464 | 829 | ||
465 | 830 | (2) any amount of elective salary reduction under | |
466 | 831 | Section 125 of the Internal Revenue Code of 1986, | |
467 | 832 | as amended, that would have been treated as paid | |
468 | 833 | base salary but for the salary deferral reduction | |
469 | 834 | agreement, | |
470 | - | ||
471 | 835 | (3) any amount of elective salary reduction not | |
472 | 836 | includable in the gross income of the member | |
473 | 837 | 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 | |
476 | 839 | treated as paid base salary but for th e salary | |
477 | 840 | deferral reduction agreement, | |
478 | - | ||
479 | 841 | (4) any amount of elective salary reduct ion under | |
480 | 842 | Section 457 of the Internal Revenue Code of 1986, | |
481 | 843 | as amended, that would have been treated as paid | |
482 | 844 | base salary but for the salary deferral reduction | |
483 | 845 | agreement, | |
484 | - | ||
485 | 846 | (5) any amount of elective salary reduction under | |
486 | 847 | Section 401(k) of the Internal Reven ue Code of | |
487 | 848 | 1986, as amended, that would have been treated as | |
488 | 849 | paid base salary but for the salary deferral | |
489 | 850 | reduction agreement, | |
490 | - | ||
491 | 851 | (6) any amount of nonelective salary reduction und er | |
492 | 852 | 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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494 | 878 | ||
495 | 879 | (7) educational allowances paid to obtain training | |
496 | 880 | certification or pursue a n advanced degree, | |
497 | - | ||
498 | 881 | (8) longevity payments made to members based upon a | |
499 | 882 | standardized plan which recognizes length of | |
500 | 883 | service to the participating municipality, | |
501 | - | ||
502 | 884 | (9) paid base salary shall also include base salary, | |
503 | 885 | as described in divisions (1) through (8) of this | |
504 | 886 | subparagraph, for services, but paid by the later | |
505 | 887 | of two and one-half (2 1/2) months after a | |
506 | 888 | member’s severance from employment or the end of | |
507 | 889 | the calendar year tha t includes the date th e | |
508 | 890 | member terminated employment, if it is a payment | |
509 | 891 | that, absent a severance from employment, would | |
510 | 892 | have been paid to the member while the member | |
511 | 893 | continued in employment with the participating | |
512 | 894 | municipality, | |
513 | - | ||
514 | 895 | (10) any payments not descri bed in divisions (1) | |
515 | 896 | through (9) of this subparagraph shall not be | |
516 | 897 | 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 | |
519 | 899 | by the later of two and one-half (2 1/2) months | |
520 | 900 | after the date of severance from employment or | |
521 | 901 | 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 | |
903 | + | ENGR. H. A. to ENGR. S. B. NO. 743 Page 19 1 | |
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523 | 928 | payments to an individual who does not currently | |
524 | 929 | perform services for the participat ing | |
525 | 930 | municipality by reason of qualified military | |
526 | 931 | service within the meaning of Section 414(u)(5) | |
527 | 932 | of the Internal Revenue Code of 1986, as amended, | |
528 | 933 | to the extent these paymen ts do not exceed the | |
529 | 934 | amounts the individual would have received if the | |
530 | 935 | individual had continued to perform servi ces for | |
531 | 936 | the participating municipality rather than | |
532 | 937 | entering qualified military service, | |
533 | - | ||
534 | 938 | (11) back pay, within the meaning of Section 1.415(c)- | |
535 | 939 | 2(g)(8) of the Income Tax Regulations, shall be | |
536 | 940 | treated as paid base salary for the l imitation | |
537 | 941 | year to which the back pay relates to the extent | |
538 | 942 | the back pay represents wag es and compensation | |
539 | 943 | that would otherwise be included in this | |
540 | 944 | definition, and | |
541 | - | ||
542 | 945 | (12) paid base salary shall also include differential | |
543 | 946 | wage payments under Section 414(u)(12) of the | |
544 | 947 | Internal Revenue Code of 1986, as amended. | |
545 | - | ||
546 | 948 | b. Notwithstanding anything to the c ontrary in this | |
547 | 949 | section, paid base salary shall not include any: | |
548 | - | ||
549 | 950 | (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 | |
953 | + | 2 | |
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976 | + | ||
551 | 977 | not specifically included above in subparagraph a | |
552 | 978 | of this paragraph, | |
553 | - | ||
554 | 979 | (2) incremental increase in compensation w hich is not | |
555 | 980 | included by the employer in a member’s regular | |
556 | 981 | base pay for salary increase purposes but is paid | |
557 | 982 | by the employer to the member for group health | |
558 | 983 | benefits not otherwis e included above in division | |
559 | 984 | (1) of subparagraph a of thi s paragraph, | |
560 | - | RBH No. 10793 | |
561 | - | ENR. S. B. NO. 743 Page 14 | |
562 | 985 | (3) insurance benefits, including any reimbursements | |
563 | 986 | thereof, or insurance proceeds of any type not | |
564 | 987 | otherwise included above in division (1) of | |
565 | 988 | subparagraph a of this paragraph, | |
566 | - | ||
567 | 989 | (4) bonuses, including signing bonuses, lump -sum | |
568 | 990 | payments or stipends made to the membe r not | |
569 | 991 | otherwise included above in division (1) of | |
570 | 992 | subparagraph a of this paragraph, | |
571 | - | ||
572 | 993 | (5) overtime compensation, | |
573 | - | ||
574 | 994 | (6) payments whether prior to or upon termination of | |
575 | 995 | employment for accumulated unused vacation or | |
576 | 996 | unused annual leave, acc umulated unused sick | |
577 | 997 | leave, or accumulated unused paid time off or | |
578 | 998 | 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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1022 | + | 23 | |
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581 | 1024 | ||
582 | 1025 | (8) payments made by the participating muni cipality | |
583 | 1026 | for services rendere d by the member, which | |
584 | 1027 | services are not part of the membe r’s job duties | |
585 | 1028 | and responsibilities of his or her job position | |
586 | 1029 | with the participating m unicipality, | |
587 | - | ||
588 | 1030 | (9) severance pay, | |
589 | - | ||
590 | 1031 | (10) unemployment payments, and | |
591 | - | ||
592 | 1032 | (11) uniform and equipment allowances; and | |
593 | - | ||
594 | 1033 | 22. "Actuarial equivalent " means equality in value of the | |
595 | 1034 | aggregate amounts expecte d to be received based on interest rate and | |
596 | 1035 | mortality assumptions set by the State Board, in a manner that | |
597 | 1036 | precludes employer discretion, and based upon recommendations from | |
598 | 1037 | independent professional advisors, and which shall be publis hed | |
599 | 1038 | annually in the actuarial report. | |
600 | - | ||
601 | 1039 | SECTION 3. AMENDATORY 1 1 O.S. 2021, Section 50-115, is | |
602 | 1040 | amended to read as follows: | |
603 | - | RBH No. 10793 | |
604 | - | ENR. S. B. NO. 743 Page 15 | |
605 | 1041 | Section 50-115. A. The State Board is authorized t o pay a | |
606 | 1042 | disability benefit to a member of the System or a pension to the | |
607 | 1043 | beneficiaries of such member eligible as hereinafter provided, not | |
608 | 1044 | exceeding the accrued retirement b enefit of the member, except as | |
609 | 1045 | otherwise provided in this article. Such disabili ty benefit shall | |
610 | 1046 | be payable immediately upon determi nation of eligibility. Any | |
611 | 1047 | 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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613 | 1074 | impairment to the whole person in determining any disability | |
614 | 1075 | benefit. Once the initial disability be nefit has been awarded by | |
615 | 1076 | the Board on the basis of the percentage of impairment to the whol e | |
616 | 1077 | person, the member shall hav e no further recourse to increase the | |
617 | 1078 | awarded percentage of impairment. | |
618 | - | ||
619 | 1079 | B. In order for any member to be eligible for any disability | |
620 | 1080 | benefit, or the member’s beneficiaries to be eligible for a pension, | |
621 | 1081 | the member must have co mplied with any agreement as t o contributions | |
622 | 1082 | by the member and other members to any funds of the System where | |
623 | 1083 | said the agreement has been made as provided by this arti cle; and | |
624 | 1084 | the State Board must find: | |
625 | - | ||
626 | 1085 | 1. That the member incurred a permanent total disab ility or a | |
627 | 1086 | permanent partial disability or died while in, and in consequence | |
628 | 1087 | of, the performance of duty as an o fficer; or | |
629 | - | ||
630 | 1088 | 2. That such member has served ten (10) year s and incurred a | |
631 | 1089 | permanent total disability or a permanent partial disability or has | |
632 | 1090 | died from any cause. | |
633 | - | ||
634 | 1091 | C. In the event of the death of any member who has been awarded | |
635 | 1092 | a disability benefit or is el igible therefor as provided in this | |
636 | 1093 | article, the member’s beneficiary shall be paid the benefit. | |
637 | - | ||
638 | 1094 | D. 1. As of the date of determination by the State Board that | |
639 | 1095 | a member is physically or mentally disabled and that the disabili ty | |
640 | 1096 | 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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642 | 1123 | officer has a permanent in-line disability, the member shall be | |
643 | 1124 | awarded a normal disability benefit on the basis of the percen tage | |
644 | 1125 | of impairment to the whol e person, as defined by the most current | |
645 | 1126 | 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 | |
648 | 1128 | provided in the following table or as prescribed by paragraph 2 of | |
649 | 1129 | this subsection with respect to injuries sustained as a result of a | |
650 | 1130 | violent act: | |
651 | - | ||
652 | 1131 | 1% to 49% impairment to whole person = 50% of the normal | |
653 | 1132 | disability benefit | |
654 | - | ||
655 | 1133 | 50% to 74% impairment to whole person = 75% of the normal | |
656 | 1134 | disability benefit | |
657 | - | ||
658 | 1135 | 75% to 100% impairment to whole per son = 100% of the normal | |
659 | 1136 | disability benefit, as defined in Section 50 -101 of this title. | |
660 | - | ||
661 | 1137 | 2. If an injury to a member results from a violent ac t as | |
662 | 1138 | defined by this paragraph while in the performance of his or her | |
663 | 1139 | duties as a police officer, the State Board shall make a | |
664 | 1140 | determination that the member has sustain ed a one-hundred-percent | |
665 | 1141 | disability and shall make the benefit award in accordance with that | |
666 | 1142 | standard. As used in this paragraph, "violent act" means a violent | |
667 | 1143 | attack upon the member by means of a dan gerous weapon, including, | |
668 | 1144 | but not limited to, a firearm , knife, automobile, explosive device | |
669 | - | or other dangerous weapon. | |
1145 | + | or other dangerous weapon. RBH No. 10793 | |
1146 | + | ENGR. H. A. to ENGR. S. B. NO. 743 Page 24 1 | |
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670 | 1170 | ||
671 | 1171 | E. If the participating municipality denies a disabled member | |
672 | 1172 | the option of continuing employment instead of retiring on a | |
673 | 1173 | disability pension, then the burden of proof rests with the | |
674 | 1174 | participating municipality to show cause to the State Board that | |
675 | 1175 | there is no position as a swor n officer within the police department | |
676 | 1176 | of that municipality which the member can fill. | |
677 | - | ||
678 | 1177 | F. Upon determination by the State Board that a member is | |
679 | 1178 | physically or mentally disabled and that the disability is permanent | |
680 | 1179 | and total and that the member has complet ed ten (10) years of | |
681 | 1180 | credited service and is disabled by any cause, the member shall | |
682 | 1181 | receive a disability benefit on the basis of the member’s accrued | |
683 | 1182 | retirement benefit. A permanent and total impairment equates to one | |
684 | 1183 | hundred percent (100%) of accrued re tirement benefit. | |
685 | - | ||
686 | 1184 | G. Upon determination by the State Board that a member is | |
687 | 1185 | physically or mentally disabled and that the disability is permanent | |
688 | 1186 | 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 | |
691 | 1188 | member shall be awarded a disability benefit on the basis of the | |
692 | 1189 | member’s years of credited se rvice as a member and the percentage of | |
693 | 1190 | impairment to the whole person, as defined by the most current | |
694 | 1191 | standards of the impairment as outlined in the "American Medical | |
695 | 1192 | Association’s Guides to the Evaluation of Permanent Impairment ", on | |
696 | 1193 | 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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699 | 1219 | ||
700 | 1220 | 25% to 49% impaired = 50% of accrued retirement benefit | |
701 | - | ||
702 | 1221 | 50% to 74% impaired = 75% of accrued retirement benefit | |
703 | - | ||
704 | 1222 | 75% to 99% impaired = 90% 100% of accrued retirement benefit. | |
705 | - | ||
706 | 1223 | H. Before making a finding as to the disability of a member, | |
707 | 1224 | the State Board shall require that, if the member is able, the | |
708 | 1225 | member shall make a certificate as to the disability which shall be | |
709 | 1226 | subscribed and sworn to by the member. It shall also require a | |
710 | 1227 | certificate as to such disability to be made by some physician | |
711 | 1228 | licensed to practice in this state as selected by the State Board. | |
712 | 1229 | The State Board may requi re other evidence of disability before | |
713 | 1230 | making the disability benefit. The salary of any such member shall | |
714 | 1231 | continue while the member is so necessarily confined to such | |
715 | 1232 | hospital bed or home and necessarily requires medical care or | |
716 | 1233 | professional nursing on ac count of such sickness or disability for a | |
717 | 1234 | period of not more than six (6) months, after which said the period | |
718 | 1235 | the other provisions of this article may apply. The State B oard, in | |
719 | 1236 | making disability benefits, shall act upon the written request of | |
720 | 1237 | the member or without such request, if it deem it for the good of | |
721 | 1238 | the police department. Any disability benefits shall ce ase when the | |
722 | 1239 | member receiving same shall be restored to act ive service at a | |
723 | 1240 | salary not less than three-fourths (3/4) of the member’s average | |
724 | 1241 | monthly salary. | |
725 | - | ||
726 | 1242 | 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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1268 | + | ||
728 | 1269 | including but not limited to che micals used in the manufacture of a | |
729 | 1270 | controlled dangerous substance or chemicals resul ting from the | |
730 | 1271 | manufacture of a controlled dangerous substance, or to blood -borne | |
731 | 1272 | 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 | |
734 | 1274 | examination passed by the member upon entry into the System shall be | |
735 | 1275 | presumed to have incurred such disability while performing the | |
736 | 1276 | officer’s duties unless the contrary is shown by competent evidence. | |
737 | 1277 | The presumption created by this subsection shall have no application | |
738 | 1278 | whatever to any workers’ compensation claim or claims, and it shall | |
739 | 1279 | not be applied or be relied upon in any way in workers ’ compensation | |
740 | 1280 | proceedings. All compensation or benefits due to any member | |
741 | 1281 | pursuant to the presumption created by this subsection shall be paid | |
742 | 1282 | solely by the system. | |
743 | - | ||
744 | 1283 | J. If the requirements of Section 50-114.4 of this title are | |
745 | 1284 | satisfied, a member who, by reason of disabil ity, is separated from | |
746 | 1285 | service as a public safety officer w ith the member’s participating | |
747 | 1286 | municipality, may elect to have payment made directly to the | |
748 | 1287 | provider for qualified health insurance premiums by deduction from | |
749 | 1288 | his or her monthly disability benefit, after December 31, 2006, in | |
750 | 1289 | accordance with Section 402(l) of the Internal Revenue Code of 1986, | |
751 | 1290 | as amended. | |
752 | - | ||
753 | 1291 | SECTION 4. Section 1 of this act shall become effective October | |
754 | - | 1, 2022. | |
1292 | + | 1, 2022. RBH No. 10793 | |
1293 | + | ENGR. H. A. to ENGR. S. B. NO. 743 Page 27 1 | |
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755 | 1317 | ||
756 | 1318 | 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 | + | ||
761 | 1333 | ||
762 | 1334 | ||
763 | 1335 | ||
764 | 1336 | 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 | |
1401 | + | ||
1402 | + | ENGR. S. B. NO. 743 Page 2 1 | |
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1426 | + | ||
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 | |
1450 | + | ||
1451 | + | ENGR. S. B. NO. 743 Page 3 1 | |
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1475 | + | ||
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 | |
1500 | + | ||
1501 | + | ENGR. S. B. NO. 743 Page 4 1 | |
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1525 | + | ||
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 | |
1550 | + | ||
1551 | + | ENGR. S. B. NO. 743 Page 5 1 | |
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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 | |
1600 | + | ||
1601 | + | ENGR. S. B. NO. 743 Page 6 1 | |
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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 | |
1649 | + | ||
1650 | + | ENGR. S. B. NO. 743 Page 7 1 | |
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1674 | + | ||
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 | |
1699 | + | ||
1700 | + | ENGR. S. B. NO. 743 Page 8 1 | |
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1724 | + | ||
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 | |
1749 | + | ||
1750 | + | ENGR. S. B. NO. 743 Page 9 1 | |
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1774 | + | ||
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 | |
1799 | + | ||
1800 | + | ENGR. S. B. NO. 743 Page 10 1 | |
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1824 | + | ||
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 | |
1848 | + | ||
1849 | + | ENGR. S. B. NO. 743 Page 11 1 | |
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1873 | + | ||
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 | |
1898 | + | ||
1899 | + | ENGR. S. B. NO. 743 Page 12 1 | |
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1923 | + | ||
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 | |
1947 | + | ||
1948 | + | ENGR. S. B. NO. 743 Page 13 1 | |
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1972 | + | ||
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 | |
1996 | + | ||
1997 | + | ENGR. S. B. NO. 743 Page 14 1 | |
1998 | + | 2 | |
1999 | + | 3 | |
2000 | + | 4 | |
2001 | + | 5 | |
2002 | + | 6 | |
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2017 | + | 21 | |
2018 | + | 22 | |
2019 | + | 23 | |
2020 | + | 24 | |
2021 | + | ||
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 | |
2045 | + | ||
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2070 | + | ||
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 | + | ||
2094 | + | ENGR. S. B. NO. 743 Page 16 1 | |
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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 | |
2142 | + | ||
2143 | + | ENGR. S. B. NO. 743 Page 17 1 | |
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2167 | + | ||
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 | + | ||
2193 | + | ENGR. S. B. NO. 743 Page 18 1 | |
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2217 | + | ||
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 | + | ||
2243 | + | ENGR. S. B. NO. 743 Page 19 1 | |
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2267 | + | ||
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 | |
2292 | + | ||
2293 | + | ENGR. S. B. NO. 743 Page 20 1 | |
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2317 | + | ||
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. | |
768 | 2338 | ||
769 | 2339 | ||
770 | 2340 | ||
771 | 2341 | Presiding Officer of the House | |
772 | 2342 | of Representatives | |
773 | 2343 | ||
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 | + |