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2 | 1 | RBS No. 405 | |
3 | 2 | ||
4 | - | An Act | |
5 | - | ENROLLED SENATE | |
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29 | + | HOUSE OF REPRESENTATIVES - FLOOR VERSION | |
30 | + | ||
31 | + | STATE OF OKLAHOMA | |
32 | + | ||
33 | + | 1st Session of the 58th Legislature (2021) | |
34 | + | ||
35 | + | ENGROSSED SENATE | |
6 | 36 | BILL NO. 745 By: Weaver of the Senate | |
7 | 37 | ||
8 | 38 | and | |
9 | 39 | ||
10 | 40 | Dobrinski of the House | |
11 | 41 | ||
12 | 42 | ||
13 | 43 | ||
14 | 44 | ||
15 | 45 | An Act relating to law enforcement pension; amending | |
16 | 46 | 47 O.S. 2011, Sections 2-305, as last amended by | |
17 | 47 | Section 3, Chapter 44, O.S.L. 2018 and 2 -310.2 (47 | |
18 | 48 | O.S. Supp. 2020, Section 2 -305), which relate to | |
19 | 49 | retirement pay and inability to perform duties; | |
20 | 50 | modifying retirement provisions for members retiring | |
21 | 51 | due to service related disability; providing limit | |
22 | 52 | for retirement pay for certain persons; providing | |
23 | 53 | certification of specified salaries; providing | |
24 | 54 | guarantee of benefit amount for certain retired | |
25 | 55 | persons; authorizing Board of Trustees to promulgate | |
26 | 56 | rules; and updating statutory references. | |
27 | 57 | ||
28 | 58 | ||
29 | 59 | ||
30 | 60 | ||
31 | - | SUBJECT: Law enforcement pension | |
32 | - | ||
33 | 61 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
34 | - | ||
35 | 62 | SECTION 1. AMENDATORY 47 O.S. 2011, Section 2 -305, as | |
36 | 63 | last amended by Section 3, Chapter 44, O.S.L. 2018 (47 O.S. Supp. | |
37 | 64 | 2020, Section 2-305), is amended to read as follows: | |
38 | - | ||
39 | 65 | Section 2-305. A. Except as otherwise provided in this title, | |
40 | 66 | at any time after attaining normal retirement date, any member of | |
41 | 67 | the Oklahoma Law Enforcement Retirement System upon application for | |
42 | - | unreduced retirement benefits made and approved, may re tire, and, | |
68 | + | unreduced retirement benefits mad e and approved, may retire, and, RBS No. 405 | |
69 | + | ||
70 | + | SB745 HFLR Page 2 | |
71 | + | BOLD FACE denotes Committee Amendments. 1 | |
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43 | 96 | during the remainder of the member ’s lifetime, receive annual | |
44 | 97 | retirement pay, payable in equal monthly payments, equal to two and | |
45 | 98 | one-half percent (2 1/2%) of the final average salary times years of | |
46 | - | credited service. If such retired member is r eemployed by a state RBS No. 405 | |
47 | - | ||
48 | - | ENR. S. B. NO. 745 Page 2 | |
99 | + | credited service. If su ch retired member is reemployed by a state | |
49 | 100 | agency in a position which is not covered by the System, such | |
50 | 101 | retired member shall continue to receive in -service distributions | |
51 | 102 | from the System. Prior to September 19, 2002, if such retired | |
52 | 103 | member was reemployed by a state agency in a position which is | |
53 | 104 | covered by the System, such member shall continue to receive in - | |
54 | 105 | service distributions from the System and shall not accrue any | |
55 | 106 | further credited service. If such a member is reemployed by a state | |
56 | 107 | agency in a position which is covered by the System on or after | |
57 | 108 | September 19, 2002, such member ’s monthly retirement payments shall | |
58 | 109 | be suspended until such member retires and is not reemployed by a | |
59 | 110 | state agency in a position which is covered by the System. | |
60 | - | ||
61 | 111 | B. Beginning July 1, 1994, members who retired or were eligible | |
62 | 112 | to retire prior to July 1, 1980, or their surviving spouses shall | |
63 | 113 | receive annual retirement pay, payable in equal monthly payments, | |
64 | 114 | equal to the greater of their current retirement pay, or two and | |
65 | 115 | one-half percent (2 1/2%) of the actual paid gross salary being | |
66 | 116 | currently paid to a highway patrol officer, at the time each such | |
67 | 117 | monthly retirement payment is made, multiplied by the retired | |
68 | - | member’s years of credited service. | |
118 | + | member’s years of credited service. RBS No. 405 | |
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120 | + | SB745 HFLR Page 3 | |
121 | + | BOLD FACE denotes Committee Amendments. 1 | |
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69 | 145 | ||
70 | 146 | C. Except as otherwise provided by this subsection, members of | |
71 | 147 | the System whose salary is set by statute who have retired after | |
72 | 148 | completion of the mandatory twenty (20) years of service, and those | |
73 | 149 | members with statutory salaries who retire after reaching the | |
74 | 150 | mandatory twenty-year retirement, or those members that had to | |
75 | 151 | retire due to a service -connected disability and were unable to | |
76 | 152 | complete the mandatory twenty -year retirement pursuant to subsection | |
77 | 153 | E of this section, shall receive an annual retirement pay, payable | |
78 | 154 | in equal monthly installments, based upon the greater of either: | |
79 | - | ||
80 | 155 | 1. The top base salary currently paid to the highest | |
81 | 156 | nonsupervisory position in the participating agency , at the time | |
82 | 157 | each such monthly retirement payment is made, limited to the annual | |
83 | 158 | salary limit of the Economic Growt h and Tax Relief Reconciliation | |
84 | 159 | Act of 2001, as described in paragraph 9 of Section 2 -300 of this | |
85 | 160 | title, multiplied by two and one -half percent (2 1/2%) multiplied by | |
86 | 161 | the number of years of credited service and fraction thereof for the | |
87 | 162 | following positions: | |
163 | + | a. Oklahoma Highway Patrolman, | |
164 | + | b. Communications Dispatcher, | |
165 | + | c. Capitol Patrolman, | |
166 | + | d. Lake Patrolman, and | |
167 | + | e. Oklahoma State Bureau of Investigation - Special Agent | |
168 | + | or Criminalist; or RBS No. 405 | |
88 | 169 | ||
89 | - | a. Oklahoma Highway Patrolman, | |
90 | - | RBS No. 405 | |
91 | - | ||
92 | - | ENR. S. B. NO. 745 Page 3 | |
93 | - | b. Communications Dispatcher, | |
94 | - | ||
95 | - | c. Capitol Patrolman, | |
96 | - | ||
97 | - | d. Lake Patrolman, and | |
98 | - | ||
99 | - | e. Oklahoma State Bureau of Investigation - Special Agent | |
100 | - | or Criminalist; or | |
170 | + | SB745 HFLR Page 4 | |
171 | + | BOLD FACE denotes Committee Amendments. 1 | |
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101 | 195 | ||
102 | 196 | 2. The member’s final average salary as set forth in paragraph | |
103 | 197 | 9 of Section 2-300 of this title, multiplied by two and one -half | |
104 | 198 | percent (2 1/2%), and multiplied by the number of years of credited | |
105 | 199 | service and fraction thereof. | |
106 | - | ||
107 | 200 | No member of the System retired prior to July 1, 2002, shall | |
108 | 201 | receive a benefit less than the amount t he member is receiving as of | |
109 | 202 | June 30, 2002. | |
110 | - | ||
111 | 203 | The provisions of paragraph 1 of this subsection shall not be | |
112 | 204 | applicable to any member whose first participating service with the | |
113 | 205 | System occurs on or after November 1, 2012. | |
114 | - | ||
115 | 206 | D. Other members of the System whose retirement benefit is not | |
116 | 207 | otherwise prescribed by this section who have retired after | |
117 | 208 | completion of the mandatory twenty (20) years of service, and those | |
118 | 209 | members who retire after reaching the mandatory twenty -year | |
119 | 210 | retirement, or those members that had to r etire due to a service - | |
120 | 211 | connected disability and were unable to complete the mandatory | |
121 | 212 | twenty-year retirement pursuant to subsection E of this section, | |
122 | 213 | shall receive an annual retirement pay, payable in equal monthly | |
123 | 214 | payments, based upon the greater of eith er: | |
124 | - | ||
125 | 215 | 1. The actual average salary currently paid to the highest | |
126 | 216 | nonsupervisory position in the participating agency , at the time | |
127 | 217 | each such monthly payment is made, limited to the annual salary | |
128 | 218 | limit of the Economic Growth and Tax Relief Reconciliation Act of | |
129 | - | 2001, as described in paragraph 9 of Section 2-300 of this title, | |
219 | + | 2001, as described in paragraph 9 of Section 2 -300 of this title, RBS No. 405 | |
220 | + | ||
221 | + | SB745 HFLR Page 5 | |
222 | + | BOLD FACE denotes Committee Amendments. 1 | |
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130 | 247 | multiplied by two and one -half percent (2 1/2%), multiplied by the | |
131 | 248 | number of years of credited service and fraction thereof for the | |
132 | 249 | following positions: | |
133 | - | RBS No. 405 | |
134 | - | ||
135 | - | ENR. S. B. NO. 745 Page 4 | |
136 | 250 | a. Alcoholic Beverage Laws Enforce ment Commission - ABLE | |
137 | 251 | Commission Agent III, | |
138 | - | ||
139 | 252 | b. Oklahoma State Bureau of Narcotics and Dangerous Drugs | |
140 | 253 | Control - Narcotics Agent III, | |
141 | - | ||
142 | 254 | c. Oklahoma Tourism and Recreation Department - Park | |
143 | 255 | Ranger II, | |
144 | - | ||
145 | 256 | d. State Board of Pharmacy - Pharmacy Inspector, | |
146 | - | ||
147 | 257 | e. University of Oklahoma - Police Officer, and | |
148 | - | ||
149 | 258 | f. Oklahoma State University - Police Officer; or | |
150 | - | ||
151 | 259 | 2. The other member ’s final average salary as set forth in | |
152 | 260 | paragraph 9 of Section 2 -300 of this title, multiplied by two and | |
153 | 261 | one-half percent (2 1/2%), multiplied by the number of years of | |
154 | 262 | credited service and fraction thereof. | |
155 | - | ||
156 | 263 | No member of the System retired prior to July 1, 2002, shall | |
157 | 264 | receive a benefit less than the amount the member is receiving as of | |
158 | 265 | June 30, 2002. The participating employer must certify to the | |
159 | 266 | System in writing the actual average gross salary currently paid to | |
160 | 267 | the highest nonsupervisory position. The Board of Trustees shall | |
161 | 268 | promulgate such rules as are necessary to implement the provisions | |
162 | - | of this section. | |
269 | + | of this section. RBS No. 405 | |
270 | + | ||
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272 | + | BOLD FACE denotes Committee Amendments. 1 | |
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163 | 296 | ||
164 | 297 | The provisions of paragraph 1 of this s ubsection shall not be | |
165 | 298 | applicable to any member whose first participating service with the | |
166 | 299 | System occurs on or after May 24, 2013. | |
167 | - | ||
168 | 300 | E. A member who meets the definition of disability as defined | |
169 | 301 | in paragraph 11 of Section 2 -300 of this title by direct reaso n of | |
170 | 302 | the performance of the member ’s duties as an officer shall receive a | |
171 | 303 | monthly benefit equal to the greater of fifty percent (50%) of final | |
172 | 304 | average salary or two : | |
173 | - | ||
174 | 305 | 1. Two and one-half percent (2 1/2%) of final average salary | |
175 | 306 | multiplied; | |
176 | - | ||
177 | - | 2. Multiplied by the: RBS No. 405 | |
178 | - | ||
179 | - | ENR. S. B. NO. 745 Page 5 | |
180 | - | ||
307 | + | 2. Multiplied by the: | |
181 | 308 | a. twenty (20) years of credited service, if the member | |
182 | 309 | had performed less than twenty (20) years of credited | |
183 | 310 | service, notwithstanding the actual number of years of | |
184 | 311 | the member’s credited service. performed by the member | |
185 | 312 | prior to the date of disabili ty, or | |
186 | - | ||
187 | 313 | b. the actual number of years of credited service and | |
188 | 314 | fraction thereof performed by the member prior to the | |
189 | 315 | date of disability, if the member had performed twenty | |
190 | 316 | (20) or more years of credited service; | |
191 | - | ||
192 | 317 | 3. Multiplied by the greater of subparagraph a of this | |
193 | 318 | paragraph and division 1 of subparagraph b of this paragraph or | |
194 | - | division 2 of subparagraph b of this paragraph, as applicable: | |
319 | + | division 2 of subparagraph b of this paragraph, as applicable: RBS No. 405 | |
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195 | 346 | ||
196 | 347 | a. the final average salary of the member, as set forth | |
197 | 348 | in paragraph 9 of Section 2 -300 of this title, and | |
198 | - | ||
199 | 349 | b. (1) the top base salary currently paid to the highest | |
200 | 350 | nonsupervisory position in the participating | |
201 | 351 | agency of the member whose first participating | |
202 | 352 | service with the System occurred before November | |
203 | 353 | 1, 2012, at the time each monthly payment is | |
204 | 354 | made, limited to the annu al salary limit of the | |
205 | 355 | Economic Growth and Tax Relief Reconciliation Act | |
206 | 356 | of 2001 described in paragraph 9 of Section 2 -300 | |
207 | 357 | of this title, for the following positions: | |
208 | - | ||
209 | 358 | (a) Oklahoma Highway Patrolman, | |
210 | - | ||
211 | 359 | (b) Communications Dispatcher, | |
212 | - | ||
213 | 360 | (c) Capitol Patrolman, | |
214 | - | ||
215 | 361 | (d) Lake Patrolman, and | |
216 | - | ||
217 | 362 | (e) Oklahoma State Bureau of Investigation - | |
218 | 363 | Special Agent or Criminalist, | |
219 | - | ||
220 | 364 | Provided, the participating employer must certify to the System | |
221 | - | in writing the top base salary currently paid to the highest RBS No. 405 | |
222 | - | ||
223 | - | ENR. S. B. NO. 745 Page 6 | |
365 | + | in writing the top base salary currently paid to the highest | |
224 | 366 | nonsupervisory position for divisio n 1 of subparagraph b of this | |
225 | 367 | paragraph, or | |
226 | - | ||
227 | 368 | (2) the actual average salary currently paid to the | |
228 | 369 | highest nonsupervisory position in the | |
229 | - | participating agency of the member whose first | |
370 | + | participating agency of the member whose first RBS No. 405 | |
371 | + | ||
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230 | 398 | participating service with the System occurred | |
231 | 399 | before May 24, 2013, at the time each monthly | |
232 | 400 | payment is made, limited to the annual salary | |
233 | 401 | limit of the Economic Growth and Tax Relief | |
234 | 402 | Reconciliation Act of 2001 , described in | |
235 | 403 | paragraph 9 of Section 2 -300 of this title, for | |
236 | 404 | the following positions: | |
237 | - | ||
238 | 405 | (a) Alcoholic Beverage Laws Enfor cement (ABLE) | |
239 | 406 | Commission - ABLE Commission Agent III, | |
240 | - | ||
241 | 407 | (b) Oklahoma State Bureau of Narcotics and | |
242 | 408 | Dangerous Drugs Control - Narcotics Agent | |
243 | 409 | III, | |
244 | - | ||
245 | 410 | (c) Oklahoma Tourism and Recreation Department - | |
246 | 411 | Park Ranger II, | |
247 | - | ||
248 | 412 | (d) State Board of Pharmacy - Pharmacy | |
249 | 413 | Inspector, | |
250 | - | ||
251 | 414 | (e) University of Oklahoma - Police Officer, and | |
252 | - | ||
253 | 415 | (f) Oklahoma State University - Police Officer, | |
254 | - | ||
255 | 416 | Provided, the participating employer must certify to the System | |
256 | 417 | in writing the actual average gross salary currently paid to the | |
257 | 418 | highest nonsupervisory posi tion for division 2 of subparagraph b of | |
258 | 419 | this paragraph; | |
420 | + | 4. No member of the System receiving benefits prescribed by | |
421 | + | this subsection who retired prior to July 1, 2002, shall receive a RBS No. 405 | |
259 | 422 | ||
260 | - | 4. No member of the System rec eiving benefits prescribed by | |
261 | - | this subsection who retired prior to July 1, 2002, shall receive a | |
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262 | 449 | benefit of less than the amount the member was receiving as of June | |
263 | 450 | 30, 2002; | |
264 | - | RBS No. 405 | |
265 | - | ||
266 | - | ENR. S. B. NO. 745 Page 7 | |
267 | 451 | 5. The Board of Trustees shall promulgate rules as necessary to | |
268 | 452 | implement the provisions of this subsection; and | |
269 | - | ||
270 | 453 | 6. If such member participates in the Oklahoma Law Enforcement | |
271 | 454 | Deferred Option Plan pursuant to Section 2 -305.2 of this title, then | |
272 | 455 | such member’s disability pension provided pursuant to this | |
273 | 456 | subsection shall be reduced to account for such member ’s | |
274 | 457 | participation in the Oklahoma Law Enforcement Deferred Option Plan. | |
275 | - | ||
276 | 458 | F. A member who meets the definition of disability as defined | |
277 | 459 | in paragraph 11 of Section 2-300 of this title and whose disability | |
278 | 460 | is by means of personal and traumatic injury of a catastrophic | |
279 | 461 | nature and in the line of duty, shall receive a monthly benefit | |
280 | 462 | equal to: | |
281 | - | ||
282 | 463 | 1. Two and one-half percent (2 1/2%); | |
283 | - | ||
284 | 464 | 2. Multiplied by: | |
285 | - | ||
286 | 465 | a. twenty (20) years of service, regardless of the actual | |
287 | 466 | number of years of credited service performed by the | |
288 | 467 | member prior to the date of disability, if the member | |
289 | 468 | had performed less than twenty (20) years of service, | |
290 | 469 | or | |
291 | - | ||
292 | 470 | b. the actual number of years of servi ce performed by the | |
293 | 471 | member if the member had performed twenty (20) or more | |
294 | - | years of service; | |
472 | + | years of service; RBS No. 405 | |
473 | + | ||
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295 | 499 | ||
296 | 500 | 3. Multiplied by a final average salary equal to: | |
297 | - | ||
298 | 501 | a. the salary which the member would have received | |
299 | 502 | pursuant to statutory salary schedules in effect upon | |
300 | 503 | the date of the disability for twenty (20) years of | |
301 | 504 | service prior to disability. The final average salary | |
302 | 505 | for a member who performed less than twenty (20) years | |
303 | 506 | of service prior to disability shall be computed | |
304 | 507 | assuming that the member was paid the highest salary | |
305 | 508 | allowable pursuant to the law in effect at the time of | |
306 | 509 | the member’s disability based upon twenty (20) years | |
307 | 510 | of service and with an assumption that the member was | |
308 | - | eligible for any and all increases in pay based upon RBS No. 405 | |
309 | - | ||
310 | - | ENR. S. B. NO. 745 Page 8 | |
511 | + | eligible for any and all increases in pay based upon | |
311 | 512 | rank during the entire period. If the s alary of a | |
312 | 513 | member is not prescribed by a specific salary schedule | |
313 | 514 | upon the date of the member ’s disability, the final | |
314 | 515 | average salary for the member shall be computed by the | |
315 | 516 | member’s actual final average salary or the highest | |
316 | 517 | median salary amount for a memb er whose salary was | |
317 | 518 | prescribed by a specific salary schedule upon the date | |
318 | 519 | of the member’s disability, whichever final average | |
319 | 520 | salary amount would be greater, or | |
320 | - | ||
321 | 521 | b. the actual final average salary of the member if the | |
322 | 522 | member had performed twenty (20) or mo re years of | |
323 | - | service prior to disability. | |
523 | + | service prior to disability. RBS No. 405 | |
524 | + | ||
525 | + | SB745 HFLR Page 11 | |
526 | + | BOLD FACE denotes Committee Amendments. 1 | |
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324 | 550 | ||
325 | 551 | If such member participates in the Oklahoma Law Enforcement | |
326 | 552 | Deferred Option Plan pursuant to Section 2 -305.2 of this title, such | |
327 | 553 | member’s disability pension provided pursuant to this subsection | |
328 | 554 | shall be adjusted as provided in Section 2 -305.2 of this title to | |
329 | 555 | account for such member ’s participation in the Oklahoma Law | |
330 | 556 | Enforcement Deferred Option Plan. | |
331 | - | ||
332 | 557 | G. A member who meets the definition of disability as defined | |
333 | 558 | in Section 2-300 of this title and whose disability oc curred prior | |
334 | 559 | to the member’s normal retirement date but after completing three | |
335 | 560 | (3) years of vesting service and not by reason of the performance of | |
336 | 561 | the member’s duties or as a result of the member ’s willful | |
337 | 562 | negligence shall receive a monthly benefit equal to two and one-half | |
338 | 563 | percent (2 1/2%) of final average salary multiplied by the number of | |
339 | 564 | years of the member’s credited service. | |
340 | - | ||
341 | 565 | H. Payment of a disability pension shall commence as of the | |
342 | 566 | first day of the month coinciding or next following the date of | |
343 | 567 | retirement and shall continue as long as the member meets the | |
344 | 568 | definition of total and permanent disability provided in this | |
345 | 569 | section. | |
346 | - | ||
347 | 570 | I. For the purpose of determining the member ’s disability under | |
348 | 571 | subsection E, F or G of this section, the member shall be re quired | |
349 | 572 | by the Board to be examined by a minimum of two recognized | |
350 | 573 | physicians selected by the Board to determine the extent of the | |
351 | - | member’s injury or illness. The examining physicians shall furnish | |
352 | - | the Board a detailed written report of the injury o r illness of the RBS No. 405 | |
574 | + | member’s injury or illness. The examining physicians shall furnish RBS No. 405 | |
353 | 575 | ||
354 | - | ENR. S. B. NO. 745 Page 9 | |
576 | + | SB745 HFLR Page 12 | |
577 | + | BOLD FACE denotes Committee Amendments. 1 | |
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602 | + | the Board a detailed written report of the injury or illne ss of the | |
355 | 603 | examined member establishing the extent of disability and the | |
356 | 604 | possibilities of the disabled member being returned to his or her | |
357 | 605 | regular duties or an alternate occupation or service covered by the | |
358 | 606 | System after a normal recuperation period. The Bo ard shall require | |
359 | 607 | all retired disabled members who have not attained their normal | |
360 | 608 | retirement date to submit to a physical examination once each year | |
361 | 609 | for a minimum of three (3) years following retirement. The Board | |
362 | 610 | shall select a minimum of two physicians to examine the retired | |
363 | 611 | members and pay for their services from the fund. Any retired | |
364 | 612 | disabled member found no longer disabled by the examining physicians | |
365 | 613 | to perform the occupation of the member or an alternate occupation | |
366 | 614 | or service covered by the System s hall be required to return to duty | |
367 | 615 | and complete twenty (20) years of service as provided in subsection | |
368 | 616 | A of this section, or forfeit all his or her rights and claims under | |
369 | 617 | Section 2-300 et seq. of this title. | |
370 | - | ||
371 | 618 | J. The disability benefit under this section s hall be for the | |
372 | 619 | lifetime of the member unless such member is found no longer | |
373 | 620 | disabled pursuant to subsection I of this section. Such member | |
374 | 621 | shall not be entitled to the retirement benefit pursuant to | |
375 | 622 | subsection A of this section unless such member returns to active | |
376 | 623 | duty and is eligible for a retirement benefit as provided in | |
377 | - | subsection A of this section. | |
624 | + | subsection A of this section. RBS No. 405 | |
625 | + | ||
626 | + | SB745 HFLR Page 13 | |
627 | + | BOLD FACE denotes Committee Amendments. 1 | |
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378 | 651 | ||
379 | 652 | K. At the postoffer, preemployment physical examination | |
380 | 653 | required under paragraph 6 of Section 2 -300 of this title, the | |
381 | 654 | physician selected by the Board sh all determine the extent to which | |
382 | 655 | a new member is disabled. If a member is determined to be partially | |
383 | 656 | disabled, the physician shall assign a percentage of disability to | |
384 | 657 | such partial disability. If such member then becomes entitled to a | |
385 | 658 | disability benefit under either subsection E or subsection G of this | |
386 | 659 | section, the benefit payable shall be reduced by the percentage | |
387 | 660 | which such member was determined to be disabled at the postoffer, | |
388 | 661 | preemployment physical unless the Board makes a determination that | |
389 | 662 | the initially determined percentage of disability at the | |
390 | 663 | preemployment physical examination is unrelated to the reason for | |
391 | 664 | the disability currently sought pursuant to subsection E or | |
392 | 665 | subsection G of this section. Upon employment, the member shall | |
393 | 666 | disclose to the Board any disability payments received from any | |
394 | 667 | source. The amount of disability to be paid to any member cannot | |
395 | - | exceed one hundred percent (100%) disability from all sources. The RBS No. 405 | |
396 | - | ||
397 | - | ENR. S. B. NO. 745 Page 10 | |
668 | + | exceed one hundred percent (100%) disability from all sources. The | |
398 | 669 | provisions of this subsection shall apply only to members whose | |
399 | 670 | effective date of membership is on or after July 1, 2000. | |
400 | - | ||
401 | 671 | L. In addition to the pension provided for under subsection F | |
402 | 672 | of this section, if said the member has one or more children under | |
403 | 673 | the age of eighteen (18) years or under the age of twenty -two (22) | |
404 | 674 | years if the child is enrolled full time in and is regularly | |
405 | - | attending a public or private school o r any institution of higher | |
675 | + | attending a public or private school or any institution of higher RBS No. 405 | |
676 | + | ||
677 | + | SB745 HFLR Page 14 | |
678 | + | BOLD FACE denotes Committee Amendments. 1 | |
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406 | 703 | education, Four Hundred Dollars ($400.00) a month shall be paid from | |
407 | 704 | said the Fund for the support of each surviving child to the member | |
408 | 705 | or person having the care and custody of such children until each | |
409 | 706 | child reaches the age of eighteen (18) years or reaches the age of | |
410 | 707 | twenty-two (22) years if the child is enrolled full time in and is | |
411 | 708 | regularly attending a public or private school or any insti tution of | |
412 | 709 | higher education. | |
413 | - | ||
414 | 710 | M. Notwithstanding any other provisions in Section 2 -300 | |
415 | 711 | through 2-315 of this title, in order to be eligible to receive | |
416 | 712 | disability benefits, a member who meets the definition of disability | |
417 | 713 | as defined in paragraph 11 of Section 2-300 of this title shall file | |
418 | 714 | the member’s completed application for disability benefits with the | |
419 | 715 | System before such member ’s date of termination from service and | |
420 | 716 | provide such additional information that the System ’s rules require | |
421 | 717 | within six (6) months o f the System’s receipt of such application. | |
422 | 718 | If the member’s completed application for disability benefits is not | |
423 | 719 | filed with the System before the member ’s date of termination from | |
424 | 720 | service or such additional information as is required under the | |
425 | 721 | System’s rules is not provided within six (6) months of the System ’s | |
426 | 722 | receipt of such application, such member shall be eligible only for | |
427 | 723 | such other benefits as are available to members of the System and | |
428 | 724 | shall not be eligible to receive any disability benefits. For g ood | |
429 | 725 | cause shown, the Board of Trustees may waive the requirement that | |
430 | - | the disability application be filed before the member’s date of | |
726 | + | the disability application be filed before the member ’s date of RBS No. 405 | |
727 | + | ||
728 | + | SB745 HFLR Page 15 | |
729 | + | BOLD FACE denotes Committee Amendments. 1 | |
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431 | 754 | termination from service. In no event shall a member be eligible to | |
432 | 755 | receive any disability benefit if the member ’s completed application | |
433 | 756 | is filed more than six (6) months after the member ’s date of | |
434 | 757 | termination from service. | |
435 | - | ||
436 | 758 | N. If the requirements of Section 2 -305.1C of this title are | |
437 | 759 | satisfied, a member who, by reason of disability or attainment of | |
438 | 760 | normal retirement date or age, is separated from service as a public | |
439 | - | safety officer with the member ’s participating employer may elect to RBS No. 405 | |
440 | - | ||
441 | - | ENR. S. B. NO. 745 Page 11 | |
761 | + | safety officer with the member ’s participating employer may elect to | |
442 | 762 | have payment made directly to the provider for qualified health | |
443 | 763 | insurance premiums by deduction from his or her monthly disability | |
444 | 764 | benefit or monthly retirement payment, after December 31, 2006, in | |
445 | 765 | accordance with Section 402(1) of the Internal Revenue Code of 1986, | |
446 | 766 | as amended. | |
447 | - | ||
448 | 767 | SECTION 2. AMENDATORY 47 O.S. 2011, Section 2 -310.2, is | |
449 | 768 | amended to read as follows: | |
450 | - | ||
451 | 769 | Section 2-310.2. Whenever any member of the Oklahoma Law | |
452 | 770 | Enforcement Retirement System currently working in a position | |
453 | 771 | identified by paragraph 6 of Section 2 -300 of Title 47 of the | |
454 | 772 | Oklahoma Statutes this title who is enrolled in the Oklahoma Law | |
455 | 773 | Enforcement Retirement System is unable to perform the member ’s | |
456 | 774 | duties because of sickness or temporary disability caused or | |
457 | 775 | sustained while in the discharge of the member ’s duty as such | |
458 | 776 | member, notwithstanding the provisions of Section 840 -2.21 of Title | |
459 | - | 74 of the Oklahoma Statutes or the provisions of Sections 11 and 12 | |
777 | + | 74 of the Oklahoma S tatutes or the provisions of Sections 11 and 12 RBS No. 405 | |
778 | + | ||
779 | + | SB745 HFLR Page 16 | |
780 | + | BOLD FACE denotes Committee Amendments. 1 | |
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460 | 805 | of Title 85 Title 85A of the Oklahoma Statutes, the member may be | |
461 | 806 | placed on administrative leave with pay by the employing agency for | |
462 | 807 | a period of ninety (90) days with the employing agency having the | |
463 | 808 | option of extending the leave period for up to an additional ninety | |
464 | 809 | (90) days, not to exceed a total of one hundred eighty (180) days. | |
465 | 810 | The member’s salary and benefits shall continue to be paid by the | |
466 | 811 | employing agency without any decrease or disruption of said the | |
467 | 812 | salary and benefits. If the recovery period is longer than one | |
468 | 813 | hundred eighty (180) days, the member shall use sick leave, annual | |
469 | 814 | leave or other authorized leave. Should a member receiving a salary | |
470 | 815 | under this section be eligible to receive and should t he salary of | |
471 | 816 | the member under this section exceed any temporary disability | |
472 | 817 | benefit paid to the member under Section 1 et seq. of Title 85 85A | |
473 | 818 | of the Oklahoma Statutes, the member shall transfer such temporary | |
474 | 819 | disability benefits under Section 1 et seq. of Title 85 85A of the | |
475 | 820 | Oklahoma Statutes to the employing agency while the member is sick | |
476 | 821 | or temporarily disabled. | |
477 | - | RBS No. 405 | |
478 | 822 | ||
479 | - | ENR. S. B. NO. 745 Page 12 | |
480 | - | Passed the Senate the 9th day of March, 2021. | |
481 | - | ||
482 | - | ||
483 | - | ||
484 | - | Presiding Officer of the Senate | |
485 | - | ||
486 | - | ||
487 | - | Passed the House of Representatives the 13th day of April, 2021. | |
488 | - | ||
489 | - | ||
490 | - | ||
491 | - | Presiding Officer of the House | |
492 | - | of Representatives | |
493 | - | ||
494 | - | OFFICE OF THE GOVERNOR | |
495 | - | Received by the Office of the Governor this _______ _____________ | |
496 | - | day of _________________ __, 20_______, at _______ o'clock _______ M. | |
497 | - | By: _________________________________ | |
498 | - | Approved by the Governor of the State of Oklahoma this _____ ____ | |
499 | - | day of _________________ __, 20_______, at _______ o'clock _______ M. | |
500 | - | ||
501 | - | _________________________________ | |
502 | - | Governor of the State of Oklahoma | |
503 | - | ||
504 | - | ||
505 | - | OFFICE OF THE SECRETARY OF STATE | |
506 | - | Received by the Office of the Secretary of State this _______ ___ | |
507 | - | day of __________________, 20 _______, at _______ o'clock _______ M. | |
508 | - | By: _______________________________ __ | |
823 | + | COMMITTEE REPORT BY: COMMITTEE ON BANKING, FINANCIAL SERVICES AND | |
824 | + | PENSIONS, dated 04/05/2021 - DO PASS. |