Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB745 Compare Versions

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21 RBS No. 405
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4-An Act
5-ENROLLED SENATE
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29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31+STATE OF OKLAHOMA
32+
33+1st Session of the 58th Legislature (2021)
34+
35+ENGROSSED SENATE
636 BILL NO. 745 By: Weaver of the Senate
737
838 and
939
1040 Dobrinski of the House
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1444
1545 An Act relating to law enforcement pension; amending
1646 47 O.S. 2011, Sections 2-305, as last amended by
1747 Section 3, Chapter 44, O.S.L. 2018 and 2 -310.2 (47
1848 O.S. Supp. 2020, Section 2 -305), which relate to
1949 retirement pay and inability to perform duties;
2050 modifying retirement provisions for members retiring
2151 due to service related disability; providing limit
2252 for retirement pay for certain persons; providing
2353 certification of specified salaries; providing
2454 guarantee of benefit amount for certain retired
2555 persons; authorizing Board of Trustees to promulgate
2656 rules; and updating statutory references.
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31-SUBJECT: Law enforcement pension
32-
3361 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
34-
3562 SECTION 1. AMENDATORY 47 O.S. 2011, Section 2 -305, as
3663 last amended by Section 3, Chapter 44, O.S.L. 2018 (47 O.S. Supp.
3764 2020, Section 2-305), is amended to read as follows:
38-
3965 Section 2-305. A. Except as otherwise provided in this title,
4066 at any time after attaining normal retirement date, any member of
4167 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
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4396 during the remainder of the member ’s lifetime, receive annual
4497 retirement pay, payable in equal monthly payments, equal to two and
4598 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
49100 agency in a position which is not covered by the System, such
50101 retired member shall continue to receive in -service distributions
51102 from the System. Prior to September 19, 2002, if such retired
52103 member was reemployed by a state agency in a position which is
53104 covered by the System, such member shall continue to receive in -
54105 service distributions from the System and shall not accrue any
55106 further credited service. If such a member is reemployed by a state
56107 agency in a position which is covered by the System on or after
57108 September 19, 2002, such member ’s monthly retirement payments shall
58109 be suspended until such member retires and is not reemployed by a
59110 state agency in a position which is covered by the System.
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61111 B. Beginning July 1, 1994, members who retired or were eligible
62112 to retire prior to July 1, 1980, or their surviving spouses shall
63113 receive annual retirement pay, payable in equal monthly payments,
64114 equal to the greater of their current retirement pay, or two and
65115 one-half percent (2 1/2%) of the actual paid gross salary being
66116 currently paid to a highway patrol officer, at the time each such
67117 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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70146 C. Except as otherwise provided by this subsection, members of
71147 the System whose salary is set by statute who have retired after
72148 completion of the mandatory twenty (20) years of service, and those
73149 members with statutory salaries who retire after reaching the
74150 mandatory twenty-year retirement, or those members that had to
75151 retire due to a service -connected disability and were unable to
76152 complete the mandatory twenty -year retirement pursuant to subsection
77153 E of this section, shall receive an annual retirement pay, payable
78154 in equal monthly installments, based upon the greater of either:
79-
80155 1. The top base salary currently paid to the highest
81156 nonsupervisory position in the participating agency , at the time
82157 each such monthly retirement payment is made, limited to the annual
83158 salary limit of the Economic Growt h and Tax Relief Reconciliation
84159 Act of 2001, as described in paragraph 9 of Section 2 -300 of this
85160 title, multiplied by two and one -half percent (2 1/2%) multiplied by
86161 the number of years of credited service and fraction thereof for the
87162 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
88169
89-a. Oklahoma Highway Patrolman,
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92-ENR. S. B. NO. 745 Page 3
93-b. Communications Dispatcher,
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95-c. Capitol Patrolman,
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97-d. Lake Patrolman, and
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99-e. Oklahoma State Bureau of Investigation - Special Agent
100-or Criminalist; or
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102196 2. The member’s final average salary as set forth in paragraph
103197 9 of Section 2-300 of this title, multiplied by two and one -half
104198 percent (2 1/2%), and multiplied by the number of years of credited
105199 service and fraction thereof.
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107200 No member of the System retired prior to July 1, 2002, shall
108201 receive a benefit less than the amount t he member is receiving as of
109202 June 30, 2002.
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111203 The provisions of paragraph 1 of this subsection shall not be
112204 applicable to any member whose first participating service with the
113205 System occurs on or after November 1, 2012.
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115206 D. Other members of the System whose retirement benefit is not
116207 otherwise prescribed by this section who have retired after
117208 completion of the mandatory twenty (20) years of service, and those
118209 members who retire after reaching the mandatory twenty -year
119210 retirement, or those members that had to r etire due to a service -
120211 connected disability and were unable to complete the mandatory
121212 twenty-year retirement pursuant to subsection E of this section,
122213 shall receive an annual retirement pay, payable in equal monthly
123214 payments, based upon the greater of eith er:
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125215 1. The actual average salary currently paid to the highest
126216 nonsupervisory position in the participating agency , at the time
127217 each such monthly payment is made, limited to the annual salary
128218 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
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130247 multiplied by two and one -half percent (2 1/2%), multiplied by the
131248 number of years of credited service and fraction thereof for the
132249 following positions:
133- RBS No. 405
134-
135-ENR. S. B. NO. 745 Page 4
136250 a. Alcoholic Beverage Laws Enforce ment Commission - ABLE
137251 Commission Agent III,
138-
139252 b. Oklahoma State Bureau of Narcotics and Dangerous Drugs
140253 Control - Narcotics Agent III,
141-
142254 c. Oklahoma Tourism and Recreation Department - Park
143255 Ranger II,
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145256 d. State Board of Pharmacy - Pharmacy Inspector,
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147257 e. University of Oklahoma - Police Officer, and
148-
149258 f. Oklahoma State University - Police Officer; or
150-
151259 2. The other member ’s final average salary as set forth in
152260 paragraph 9 of Section 2 -300 of this title, multiplied by two and
153261 one-half percent (2 1/2%), multiplied by the number of years of
154262 credited service and fraction thereof.
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156263 No member of the System retired prior to July 1, 2002, shall
157264 receive a benefit less than the amount the member is receiving as of
158265 June 30, 2002. The participating employer must certify to the
159266 System in writing the actual average gross salary currently paid to
160267 the highest nonsupervisory position. The Board of Trustees shall
161268 promulgate such rules as are necessary to implement the provisions
162-of this section.
269+of this section. RBS No. 405
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164297 The provisions of paragraph 1 of this s ubsection shall not be
165298 applicable to any member whose first participating service with the
166299 System occurs on or after May 24, 2013.
167-
168300 E. A member who meets the definition of disability as defined
169301 in paragraph 11 of Section 2 -300 of this title by direct reaso n of
170302 the performance of the member ’s duties as an officer shall receive a
171303 monthly benefit equal to the greater of fifty percent (50%) of final
172304 average salary or two :
173-
174305 1. Two and one-half percent (2 1/2%) of final average salary
175306 multiplied;
176-
177-2. Multiplied by the: RBS No. 405
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179-ENR. S. B. NO. 745 Page 5
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307+2. Multiplied by the:
181308 a. twenty (20) years of credited service, if the member
182309 had performed less than twenty (20) years of credited
183310 service, notwithstanding the actual number of years of
184311 the member’s credited service. performed by the member
185312 prior to the date of disabili ty, or
186-
187313 b. the actual number of years of credited service and
188314 fraction thereof performed by the member prior to the
189315 date of disability, if the member had performed twenty
190316 (20) or more years of credited service;
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192317 3. Multiplied by the greater of subparagraph a of this
193318 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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196347 a. the final average salary of the member, as set forth
197348 in paragraph 9 of Section 2 -300 of this title, and
198-
199349 b. (1) the top base salary currently paid to the highest
200350 nonsupervisory position in the participating
201351 agency of the member whose first participating
202352 service with the System occurred before November
203353 1, 2012, at the time each monthly payment is
204354 made, limited to the annu al salary limit of the
205355 Economic Growth and Tax Relief Reconciliation Act
206356 of 2001 described in paragraph 9 of Section 2 -300
207357 of this title, for the following positions:
208-
209358 (a) Oklahoma Highway Patrolman,
210-
211359 (b) Communications Dispatcher,
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213360 (c) Capitol Patrolman,
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215361 (d) Lake Patrolman, and
216-
217362 (e) Oklahoma State Bureau of Investigation -
218363 Special Agent or Criminalist,
219-
220364 Provided, the participating employer must certify to the System
221-in writing the top base salary currently paid to the highest RBS No. 405
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223-ENR. S. B. NO. 745 Page 6
365+in writing the top base salary currently paid to the highest
224366 nonsupervisory position for divisio n 1 of subparagraph b of this
225367 paragraph, or
226-
227368 (2) the actual average salary currently paid to the
228369 highest nonsupervisory position in the
229-participating agency of the member whose first
370+participating agency of the member whose first RBS No. 405
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230398 participating service with the System occurred
231399 before May 24, 2013, at the time each monthly
232400 payment is made, limited to the annual salary
233401 limit of the Economic Growth and Tax Relief
234402 Reconciliation Act of 2001 , described in
235403 paragraph 9 of Section 2 -300 of this title, for
236404 the following positions:
237-
238405 (a) Alcoholic Beverage Laws Enfor cement (ABLE)
239406 Commission - ABLE Commission Agent III,
240-
241407 (b) Oklahoma State Bureau of Narcotics and
242408 Dangerous Drugs Control - Narcotics Agent
243409 III,
244-
245410 (c) Oklahoma Tourism and Recreation Department -
246411 Park Ranger II,
247-
248412 (d) State Board of Pharmacy - Pharmacy
249413 Inspector,
250-
251414 (e) University of Oklahoma - Police Officer, and
252-
253415 (f) Oklahoma State University - Police Officer,
254-
255416 Provided, the participating employer must certify to the System
256417 in writing the actual average gross salary currently paid to the
257418 highest nonsupervisory posi tion for division 2 of subparagraph b of
258419 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
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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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262449 benefit of less than the amount the member was receiving as of June
263450 30, 2002;
264- RBS No. 405
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266-ENR. S. B. NO. 745 Page 7
267451 5. The Board of Trustees shall promulgate rules as necessary to
268452 implement the provisions of this subsection; and
269-
270453 6. If such member participates in the Oklahoma Law Enforcement
271454 Deferred Option Plan pursuant to Section 2 -305.2 of this title, then
272455 such member’s disability pension provided pursuant to this
273456 subsection shall be reduced to account for such member ’s
274457 participation in the Oklahoma Law Enforcement Deferred Option Plan.
275-
276458 F. A member who meets the definition of disability as defined
277459 in paragraph 11 of Section 2-300 of this title and whose disability
278460 is by means of personal and traumatic injury of a catastrophic
279461 nature and in the line of duty, shall receive a monthly benefit
280462 equal to:
281-
282463 1. Two and one-half percent (2 1/2%);
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284464 2. Multiplied by:
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286465 a. twenty (20) years of service, regardless of the actual
287466 number of years of credited service performed by the
288467 member prior to the date of disability, if the member
289468 had performed less than twenty (20) years of service,
290469 or
291-
292470 b. the actual number of years of servi ce performed by the
293471 member if the member had performed twenty (20) or more
294-years of service;
472+years of service; RBS No. 405
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296500 3. Multiplied by a final average salary equal to:
297-
298501 a. the salary which the member would have received
299502 pursuant to statutory salary schedules in effect upon
300503 the date of the disability for twenty (20) years of
301504 service prior to disability. The final average salary
302505 for a member who performed less than twenty (20) years
303506 of service prior to disability shall be computed
304507 assuming that the member was paid the highest salary
305508 allowable pursuant to the law in effect at the time of
306509 the member’s disability based upon twenty (20) years
307510 of service and with an assumption that the member was
308-eligible for any and all increases in pay based upon RBS No. 405
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310-ENR. S. B. NO. 745 Page 8
511+eligible for any and all increases in pay based upon
311512 rank during the entire period. If the s alary of a
312513 member is not prescribed by a specific salary schedule
313514 upon the date of the member ’s disability, the final
314515 average salary for the member shall be computed by the
315516 member’s actual final average salary or the highest
316517 median salary amount for a memb er whose salary was
317518 prescribed by a specific salary schedule upon the date
318519 of the member’s disability, whichever final average
319520 salary amount would be greater, or
320-
321521 b. the actual final average salary of the member if the
322522 member had performed twenty (20) or mo re years of
323-service prior to disability.
523+service prior to disability. RBS No. 405
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325551 If such member participates in the Oklahoma Law Enforcement
326552 Deferred Option Plan pursuant to Section 2 -305.2 of this title, such
327553 member’s disability pension provided pursuant to this subsection
328554 shall be adjusted as provided in Section 2 -305.2 of this title to
329555 account for such member ’s participation in the Oklahoma Law
330556 Enforcement Deferred Option Plan.
331-
332557 G. A member who meets the definition of disability as defined
333558 in Section 2-300 of this title and whose disability oc curred prior
334559 to the member’s normal retirement date but after completing three
335560 (3) years of vesting service and not by reason of the performance of
336561 the member’s duties or as a result of the member ’s willful
337562 negligence shall receive a monthly benefit equal to two and one-half
338563 percent (2 1/2%) of final average salary multiplied by the number of
339564 years of the member’s credited service.
340-
341565 H. Payment of a disability pension shall commence as of the
342566 first day of the month coinciding or next following the date of
343567 retirement and shall continue as long as the member meets the
344568 definition of total and permanent disability provided in this
345569 section.
346-
347570 I. For the purpose of determining the member ’s disability under
348571 subsection E, F or G of this section, the member shall be re quired
349572 by the Board to be examined by a minimum of two recognized
350573 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
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602+the Board a detailed written report of the injury or illne ss of the
355603 examined member establishing the extent of disability and the
356604 possibilities of the disabled member being returned to his or her
357605 regular duties or an alternate occupation or service covered by the
358606 System after a normal recuperation period. The Bo ard shall require
359607 all retired disabled members who have not attained their normal
360608 retirement date to submit to a physical examination once each year
361609 for a minimum of three (3) years following retirement. The Board
362610 shall select a minimum of two physicians to examine the retired
363611 members and pay for their services from the fund. Any retired
364612 disabled member found no longer disabled by the examining physicians
365613 to perform the occupation of the member or an alternate occupation
366614 or service covered by the System s hall be required to return to duty
367615 and complete twenty (20) years of service as provided in subsection
368616 A of this section, or forfeit all his or her rights and claims under
369617 Section 2-300 et seq. of this title.
370-
371618 J. The disability benefit under this section s hall be for the
372619 lifetime of the member unless such member is found no longer
373620 disabled pursuant to subsection I of this section. Such member
374621 shall not be entitled to the retirement benefit pursuant to
375622 subsection A of this section unless such member returns to active
376623 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
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378651
379652 K. At the postoffer, preemployment physical examination
380653 required under paragraph 6 of Section 2 -300 of this title, the
381654 physician selected by the Board sh all determine the extent to which
382655 a new member is disabled. If a member is determined to be partially
383656 disabled, the physician shall assign a percentage of disability to
384657 such partial disability. If such member then becomes entitled to a
385658 disability benefit under either subsection E or subsection G of this
386659 section, the benefit payable shall be reduced by the percentage
387660 which such member was determined to be disabled at the postoffer,
388661 preemployment physical unless the Board makes a determination that
389662 the initially determined percentage of disability at the
390663 preemployment physical examination is unrelated to the reason for
391664 the disability currently sought pursuant to subsection E or
392665 subsection G of this section. Upon employment, the member shall
393666 disclose to the Board any disability payments received from any
394667 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
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397-ENR. S. B. NO. 745 Page 10
668+exceed one hundred percent (100%) disability from all sources. The
398669 provisions of this subsection shall apply only to members whose
399670 effective date of membership is on or after July 1, 2000.
400-
401671 L. In addition to the pension provided for under subsection F
402672 of this section, if said the member has one or more children under
403673 the age of eighteen (18) years or under the age of twenty -two (22)
404674 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
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406703 education, Four Hundred Dollars ($400.00) a month shall be paid from
407704 said the Fund for the support of each surviving child to the member
408705 or person having the care and custody of such children until each
409706 child reaches the age of eighteen (18) years or reaches the age of
410707 twenty-two (22) years if the child is enrolled full time in and is
411708 regularly attending a public or private school or any insti tution of
412709 higher education.
413-
414710 M. Notwithstanding any other provisions in Section 2 -300
415711 through 2-315 of this title, in order to be eligible to receive
416712 disability benefits, a member who meets the definition of disability
417713 as defined in paragraph 11 of Section 2-300 of this title shall file
418714 the member’s completed application for disability benefits with the
419715 System before such member ’s date of termination from service and
420716 provide such additional information that the System ’s rules require
421717 within six (6) months o f the System’s receipt of such application.
422718 If the member’s completed application for disability benefits is not
423719 filed with the System before the member ’s date of termination from
424720 service or such additional information as is required under the
425721 System’s rules is not provided within six (6) months of the System ’s
426722 receipt of such application, such member shall be eligible only for
427723 such other benefits as are available to members of the System and
428724 shall not be eligible to receive any disability benefits. For g ood
429725 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+
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431754 termination from service. In no event shall a member be eligible to
432755 receive any disability benefit if the member ’s completed application
433756 is filed more than six (6) months after the member ’s date of
434757 termination from service.
435-
436758 N. If the requirements of Section 2 -305.1C of this title are
437759 satisfied, a member who, by reason of disability or attainment of
438760 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
442762 have payment made directly to the provider for qualified health
443763 insurance premiums by deduction from his or her monthly disability
444764 benefit or monthly retirement payment, after December 31, 2006, in
445765 accordance with Section 402(1) of the Internal Revenue Code of 1986,
446766 as amended.
447-
448767 SECTION 2. AMENDATORY 47 O.S. 2011, Section 2 -310.2, is
449768 amended to read as follows:
450-
451769 Section 2-310.2. Whenever any member of the Oklahoma Law
452770 Enforcement Retirement System currently working in a position
453771 identified by paragraph 6 of Section 2 -300 of Title 47 of the
454772 Oklahoma Statutes this title who is enrolled in the Oklahoma Law
455773 Enforcement Retirement System is unable to perform the member ’s
456774 duties because of sickness or temporary disability caused or
457775 sustained while in the discharge of the member ’s duty as such
458776 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
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460805 of Title 85 Title 85A of the Oklahoma Statutes, the member may be
461806 placed on administrative leave with pay by the employing agency for
462807 a period of ninety (90) days with the employing agency having the
463808 option of extending the leave period for up to an additional ninety
464809 (90) days, not to exceed a total of one hundred eighty (180) days.
465810 The member’s salary and benefits shall continue to be paid by the
466811 employing agency without any decrease or disruption of said the
467812 salary and benefits. If the recovery period is longer than one
468813 hundred eighty (180) days, the member shall use sick leave, annual
469814 leave or other authorized leave. Should a member receiving a salary
470815 under this section be eligible to receive and should t he salary of
471816 the member under this section exceed any temporary disability
472817 benefit paid to the member under Section 1 et seq. of Title 85 85A
473818 of the Oklahoma Statutes, the member shall transfer such temporary
474819 disability benefits under Section 1 et seq. of Title 85 85A of the
475820 Oklahoma Statutes to the employing agency while the member is sick
476821 or temporarily disabled.
477- RBS No. 405
478822
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.