RBS No. 405
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SENATE FLOOR VERSION
February 22, 2021
SENATE BILL NO. 745 By: Weaver
An Act relating to law enforcement pension; amending
47 O.S. 2011, Sections 2-305, as last amended by
Section 3, Chapter 44, O.S.L. 2018 and 2 -310.2 (47
O.S. Supp. 2020, Section 2-305), which relate to
retirement pay and inability to per form duties;
modifying retirement provisions for members retiring
due to service related disability; provid ing limit
for retirement pay for certain persons; providing
certification of specified salaries; providing
guarantee of benefit amount for certain retired
persons; authorizing Board of Trustees to promulgate
rules; and updating statutory references.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2011, Section 2 -305, as
last amended by Section 3, Chapter 44, O.S.L. 2018 (47 O.S. Supp.
2020, Section 2-305), is amended to read as follow s:
Section 2-305. A. Except as otherwise provided in this title,
at any time after attaining normal retirement date, any member of
the Oklahoma Law Enforcement Retirement System upon application for
unreduced retirement benefits made and approved, may re tire, and,
during the remainder of the member’s lifetime, receive annual
retirement pay, payable in equal monthly payments, equal to two and
one-half percent (2 1/2%) of the final average salary times years of RBS No. 405
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credited service. If such retired member is r eemployed by a state
agency in a position which is not covered by the System, suc h
retired member shall continue to receive in-service distributions
from the System. Prior to September 19, 2002, if such retired
member was reemployed by a state agency in a position which is
covered by the System, such member shall continue to receive i n-
service distributions from the System and shall not accrue any
further credited service. If such a member is reemployed by a state
agency in a position which is covered by the System on or after
September 19, 2002, such member ’s monthly retirement payme nts shall
be suspended until such member retires and is not reemployed by a
state agency in a position which is covered by the System.
B. Beginning July 1, 1994, members who retired or were eligible
to retire prior to July 1, 1980, or their surviving spou ses shall
receive annual retirement pay, payable in equal monthly payments,
equal to the greater of their current retirement pay, or two and
one-half percent (2 1/2%) of the a ctual paid gross salary being
currently paid to a highway patrol officer, at the time each such
monthly retirement payment is made, multiplied by the retired
member’s years of credited service.
C. Except as otherwise provided by this subsection, members o f
the System whose salary is set by statute who have retired after
completion of the mandatory twenty (20) years of service, and those
members with statutory salaries who retire after reaching the RBS No. 405
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mandatory twenty-year retirement, or those members that had to
retire due to a service-connected disability and were unable to
complete the mandatory twenty-year retirement pursuant to subsection
E of this section, shall receive an annual retirement pay, payable
in equal monthly installments, based upon the greate r of either:
1. The top base salary currently paid to the highest
nonsupervisory position in the participating agency, at the time
each such monthly retirement payment is made, limited to the annual
salary limit of the Economic Growth and Tax Relief Recon ciliation
Act of 2001, as described in paragraph 9 of Section 2 -300 of this
title, multiplied by two and one-half percent (2 1/2%) multiplied by
the number of years of credited service and fraction thereof for the
following positions:
a. Oklahoma Highway Patrolman,
b. Communications Dispatcher,
c. Capitol Patrolman,
d. Lake Patrolman, and
e. Oklahoma State Bureau of Investigation - Special Agent
or Criminalist; or
2. The member’s final average salary as set forth in paragraph
9 of Section 2-300 of this title, multiplied by two and one-half
percent (2 1/2%), and multiplied by the number of years of credited
service and fraction thereof. RBS No. 405
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No member of the System retired prior to July 1, 2002, shall
receive a benefit less than the amount the member is receiving as of
June 30, 2002.
The provisions of paragraph 1 of this subsection shall not be
applicable to any member whose first participating service with the
System occurs on or after November 1, 2012.
D. Other members of the System whose retirement benefit is not
otherwise prescribed by this section who have retired after
completion of the mandatory twenty (20) years of service, and those
members who retire after reaching the mandatory twenty -year
retirement, or those members that had to retire due to a service -
connected disability and were unable to complete the mandatory
twenty-year retirement pursuant to subsection E of this section,
shall receive an annual retirement pay, payable in equal monthly
payments, based upon the greater of either:
1. The actual average salary currently paid to the highest
nonsupervisory position in the particip ating agency, at the time
each such monthly payment is made, limited to the annual salary
limit of the Economic Growth and Tax Relief Reconciliation Act of
2001, as described in paragraph 9 of Section 2-300 of this title,
multiplied by two and one -half percent (2 1/2%), multiplied by the
number of years of credited service and fraction thereof for the
following positions: RBS No. 405
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a. Alcoholic Beverage Laws Enforcement Commission - ABLE
Commission Agent III,
b. Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control - Narcotics Agent III,
c. Oklahoma Tourism and Recreation Department - Park
Ranger II,
d. State Board of Pharmacy - Pharmacy Inspector,
e. University of Oklahoma - Police Officer, and
f. Oklahoma State University - Police Officer; or
2. The other member’s final average salary as set forth in
paragraph 9 of Section 2 -300 of this title, multiplied by two and
one-half percent (2 1/2%), multiplied by the number of years of
credited service and fraction thereof.
No member of the System retired prior to July 1, 2002, shall
receive a benefit less than the amount the member is receiving as of
June 30, 2002. The participating employer must certify to the
System in writing the a ctual average gross salary currently paid to
the highest nonsupervisory position. The Board of Trustees shall
promulgate such rules as are necessary to implement the provisions
of this section.
The provisions of paragraph 1 of this subsection shall not be
applicable to any member whose first participating service with the
System occurs on or after May 24, 2013. RBS No. 405
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E. A member who meets the definition of disability as defined
in paragraph 11 of Section 2 -300 of this title by direct reason of
the performance of the member’s duties as an officer shall receive a
monthly benefit equal to the greater of fifty percent (50%) of final
average salary or two :
1. Two and one-half percent (2 1/2%) of final average salary
multiplied;
2. Multiplied by the:
a. twenty (20) years of credited service, if the member
had performed less than twenty (20) year s of credited
service, notwithstanding the actual number of years of
the member’s credited service. performed by the member
prior to the date of disability, or
b. the actual number of years of credited service and
fraction thereof performed by the member prior to the
date of disability, if the member had performed twenty
(20) or more years of credited service;
3. Multiplied by the greater of subparagraph a of this
paragraph and division 1 of subparagraph b of this paragraph or
division 2 of subparagraph b of this paragraph, as applicable:
a. the final average salary of the member, as set forth
in paragraph 9 of Section 2 -300 of this title, and
b. (1) the top base salary current ly paid to the highest
nonsupervisory position in the participating RBS No. 405
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agency of the member whose first participating
service with the System occurred before November
1, 2012, at the time each monthly payment is
made, limited to the annual salary limit of the
Economic Growth and Tax Relief Reconciliation Act
of 2001 described in paragraph 9 of Section 2-300
of this title, for the following positions:
(a) Oklahoma Highway Patrolman,
(b) Communications Dispatcher,
(c) Capitol Patrolman,
(d) Lake Patrolman, and
(e) Oklahoma State Bureau of Investigation -
Special Agent or Criminalist,
Provided, the participating employer must certify to the System
in writing the top base salary currently paid to the highest
nonsupervisory position for division 1 of subparagraph b of this
paragraph, or
(2) the actual average salary currently paid to the
highest nonsupervisory position in the
participating agency of the member whose first
participating service with the System occurred
before May 24, 2013, at the time each monthly
payment is made, limited to the annual salary
limit of the Economic Growth and Tax R elief RBS No. 405
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Reconciliation Act of 2001, described in
paragraph 9 of Section 2 -300 of this title, for
the following positions:
(a) Alcoholic Beverage Laws Enforcement (ABLE)
Commission - ABLE Commission Agent III,
(b) Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control - Narcotics Agent
III,
(c) Oklahoma Tourism and Recreation Department -
Park Ranger II,
(d) State Board of Pharmacy - Pharmacy
Inspector,
(e) University of Oklahoma - Police Officer, and
(f) Oklahoma State University - Police Officer,
Provided, the participating employer must certify to the System
in writing the actual average gross salary currently paid to the
highest nonsupervisory position for division 2 of subparagraph b of
this paragraph;
4. No member of the System receiving benef its prescribed by
this subsection who retired prior to July 1, 2002, shall receive a
benefit of less than the amount the member was receiving as of June
30, 2002;
5. The Board of Trustees shall promulgate rules as necessary to
implement the provisions of this subsection; and RBS No. 405
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6. If such member participates in the Oklahoma Law Enforcement
Deferred Option Plan pursuant to Section 2 -305.2 of this title, then
such member’s disability pension provided pursuant to this
subsection shall be reduced to account for such member’s
participation in the Oklahoma Law Enforcement Deferred Option Plan.
F. A member who meets the definition of disability as defined
in paragraph 11 of Section 2 -300 of this title and whose disability
is by means of personal and traumatic injur y of a catastrophic
nature and in the line of duty, shall receive a monthly benefit
equal to:
1. Two and one-half percent (2 1/2%);
2. Multiplied by:
a. twenty (20) years of se rvice, regardless of the actual
number of years of credited service performed by the
member prior to the date of disability, if the member
had performed less than twenty (20) years of service,
or
b. the actual number of years of serv ice performed by the
member if the member had performed twenty (20) or more
years of service;
3. Multiplied by a final average salary equal to:
a. the salary which the member would have received
pursuant to statutory salary schedules in effect upon
the date of the disability fo r twenty (20) years of RBS No. 405
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service prior to disability. The final average salary
for a member who performed less than twenty (20) years
of service prior to disability shall be computed
assuming that the member was paid the highest salar y
allowable pursuant to the law in effect at the time of
the member’s disability based upon twenty (20) years
of service and with an assumption that the member was
eligible for any and all increases in pay based upon
rank during the entire period. If the salary of a
member is not prescribed by a specific salary schedule
upon the date of the member ’s disability, the final
average salary for the member shall be computed by the
member’s actual final average salary or the highest
median salary amount for a mem ber whose salary was
prescribed by a specific salary schedule upon the date
of the member’s disability, whichever final average
salary amount would be greater, or
b. the actual final average salary of the member if the
member had performed twenty (20) or m ore years of
service prior to disability.
If such member participates in the Oklahoma Law Enforcement
Deferred Option Plan pursuant to Section 2 -305.2 of this title, such
member’s disability pension provided pursuant to this subsection
shall be adjusted as provided in Section 2 -305.2 of this title to RBS No. 405
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account for such member’s participation in the Oklahoma La w
Enforcement Deferred Option Plan.
G. A member who meets the definition of disability as defined
in Section 2-300 of this title and whose disability o ccurred prior
to the member’s normal retirement date but after completing three
(3) years of vesting ser vice and not by reason of the performance of
the member’s duties or as a result of the member ’s willful
negligence shall receive a monthly benefit equal to two and one-half
percent (2 1/2%) of final average salary multiplied by the number of
years of the member’s credited service.
H. Payment of a disability pension shall commence as of the
first day of the month coinciding or next following the date of
retirement and shall con tinue as long as the member meets the
definition of total and permanent disabilit y provided in this
section.
I. For the purpose of determining the member ’s disability under
subsection E, F or G of this section, the member shall be r equired
by the Board to be examined by a minimum of two recognized
physicians selected by the Board to d etermine the extent of the
member’s injury or illness. The examining physicians shall furnish
the Board a detailed written report of the injury or illn ess of the
examined member establishing the extent of disability and the
possibilities of the disabled m ember being returned to his or her
regular duties or an alternate occupation or service covered by the RBS No. 405
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System after a normal recuperation period. The B oard shall require
all retired disabled members who have not attained their normal
retirement date to su bmit to a physical examination once each year
for a minimum of three (3) years following retirement. The Board
shall select a minimum of two physicians to examine the retired
members and pay for their services from the fund. Any retired
disabled member found no longer disabled by the examining physicians
to perform the occupation of the member or an alternate occupation
or service covered by the System shall be required to re turn to duty
and complete twenty (20) years of service as provided in subsection
A of this section, or forfeit all his or her rights and claims under
Section 2-300 et seq. of this title.
J. The disability benefit under this section shall be for the
lifetime of the member unless such member is found no longer
disabled pursuant to subse ction I of this section. Such member
shall not be entitled to the retirement benefit pursuant to
subsection A of this section unless such member return s to active
duty and is eligible for a retirement benefit as provided in
subsection A of this section.
K. At the postoffer, preemployment physical examination
required under paragraph 6 of Section 2 -300 of this title, the
physician selected by the Board s hall determine the exte nt to which
a new member is disabled. If a member is determined to be partially
disabled, the physician shall assign a percentage of disability to RBS No. 405
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such partial disability. If such member then becomes entitled to a
disability benefit under either subsecti on E or subsection G of this
section, the benefit payable shall be reduced by the percentage
which such member was determined to be disabled at the postoffer,
preemployment physical unless the Board makes a determination that
the initially determined perce ntage of disability at the
preemployment physical examination is unrelated to the reason for
the disability currently sought pursuant to subsection E or
subsection G of this section. Upon employment, the member shall
disclose to the Board any disability p ayments received from any
source. The amount of disability to be paid to any mem ber cannot
exceed one hundred percent (100%) disability from all sources. The
provisions of this subsection shall apply only to members whose
effective date of membership is on or after July 1, 2000.
L. In addition to the pension provided for under subse ction F
of this section, if said the member has one or more children under
the age of eighteen (18) years or under the age of twenty -two (22)
years if the child is enrolled fu ll time in and is regularly
attending a public or private school or any instituti on of higher
education, Four Hundred Dollars ($400.00) a month shall be paid from
said the Fund for the support of each surviving child to the member
or person having the care and custody of such children until each
child reaches the age of eighteen (18) y ears or reaches the age of
twenty-two (22) years if the child is enrolled full time in and is RBS No. 405
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regularly attending a public or private school or any inst itution of
higher education.
M. Notwithstanding any other provisions in Section 2 -300
through 2-315 of this title, in order to be eligible to receive
disability benefits, a member who meets the definition of disability
as defined in paragraph 11 of Sectio n 2-300 of this title shall file
the member’s completed application for disability benefits with the
System before such member’s date of termination from service and
provide such additional information that the System ’s rules require
within six (6) months of the System’s receipt of such application.
If the member’s completed application for disability benef its is not
filed with the System before the member ’s date of termination from
service or such additional information as is required under the
System’s rules is not provided wi thin six (6) months of the System’s
receipt of such application, such member shall be eligible only for
such other benefits as are available to members of the System and
shall not be eligible to receive any disability benefits. For good
cause shown, the Board of Trustees may waive the requirement that
the disability application be fil ed before the member’s date of
termination from service. In no event shall a member be eligible to
receive any disability benefit if the member ’s completed application
is filed more than six (6) months after the member’s date of
termination from service. RBS No. 405
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N. If the requirements of Section 2-305.1C of this title are
satisfied, a member who, by reason of disability or attainment of
normal retirement date o r age, is separated fro m service as a public
safety officer with the member ’s participating employer may elect to
have payment made directly to the provider for qualified health
insurance premiums by deduction from his or her monthly disability
benefit or monthly retirement paym ent, after December 31, 2006, in
accordance with Section 402(1) of the Internal R evenue Code of 1986,
as amended.
SECTION 2. AMENDATORY 47 O.S. 2011, Section 2 -310.2, is
amended to read as follows:
Section 2-310.2. Whenever any m ember of the Oklahoma Law
Enforcement Retirement System currently working in a po sition
identified by paragraph 6 of Section 2 -300 of Title 47 of the
Oklahoma Statutes this title who is enrolled in the Oklahoma Law
Enforcement Retirement System is unable t o perform the member’s
duties because of sickness or temporary disability caused or
sustained while in the discharge of the member ’s duty as such
member, notwithstanding the provisions of Section 840 -2.21 of Title
74 of the Oklahoma Statutes or the provisi ons of Sections 11 and 12
of Title 85 Title 85A of the Oklahoma Statutes, the mem ber may be
placed on administrative leave with pay by the employing agency for
a period of ninety (90) days with the employing agency having the
option of extending the leave period for up to an additional ninety RBS No. 405
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(90) days, not to exceed a total of one hun dred eighty (180) days.
The member’s salary and benefits shall continue to be paid by the
employing agency without any decrease or disruption of said the
salary and benefits. If the recovery period is longer than one
hundred eighty (180) days, the member shall use sick leave, annual
leave or other authorized leave. Should a member receiving a salary
under this section be eligible to receive and should the salary of
the member under this section exceed any temporary disability
benefit paid to the member u nder Section 1 et seq. of Title 85 85A
of the Oklahoma Statutes, the member shall transfer such temporary
disability benefits under Section 1 et seq. of Title 85 85A of the
Oklahoma Statutes to the employing agency while the member is sick
or temporarily disabled.
COMMITTEE REPORT BY: COMMITTEE ON RETIREMENT AND INSURANCE
February 22, 2021 - DO PASS