| 38 | + | An Act relating to firefighter retirement; amending |
---|
| 39 | + | 11 O.S. 2011, Section 49 -106.1, as last amend ed by |
---|
| 40 | + | Section 3, Chapter 281, O.S.L. 2014 (11 O.S. Supp. |
---|
| 41 | + | 2020, Section 49-106.1), which relates to the |
---|
| 42 | + | deferred option plan; specifying that certain |
---|
| 43 | + | distributions be subject to certain law; requiring |
---|
| 44 | + | interest of certain plan be distributed; specifying |
---|
| 45 | + | methods of distribution; specifying methods of |
---|
| 46 | + | distribution if certain election is not made; |
---|
| 47 | + | providing that certain amount be reduced by certain |
---|
| 48 | + | withdrawals from account; providing that only one |
---|
| 49 | + | distribution be made per calendar year; and |
---|
| 50 | + | specifying when certain distribution be made. |
---|
94 | 92 | | Oklahoma Firefighters Pens ion and Retirement System whose first |
---|
95 | 93 | | employment with a participating employer of the System occurs on or |
---|
96 | 94 | | after November 1, 2013, and who has not less than twenty -two (22) |
---|
97 | 95 | | years of creditable service and who is eligible to receive a service |
---|
98 | 96 | | retirement pension may elect to participate in the Oklahoma |
---|
99 | 97 | | Firefighters Deferred Option Plan and defer the receipts of be nefits |
---|
100 | 98 | | in accordance with the provisions of this section. |
---|
101 | 99 | | B. For purposes of this section, creditable service shall |
---|
102 | 100 | | include service credit reciproca lly recognized pursuant to Sections |
---|
103 | 101 | | 49-100.1 through 49-100.8 and Sections 49 -101, 49-101.1 and 49-101.2 |
---|
104 | 102 | | of this title but for eligibility purposes only. |
---|
105 | 103 | | C. The duration of participation in the Oklahoma Firefighters |
---|
106 | 104 | | Deferred Option Plan for active firefig hters shall not exceed five |
---|
107 | 105 | | (5) years. Participat ion in the Oklahoma Firefighters Deferred |
---|
108 | 106 | | Option Plan must begin the first day of a month and end on the last |
---|
109 | 107 | | day of a month. At the conclusion of a member ’s participation in |
---|
110 | 108 | | the Oklahoma Firefighters Defe rred Option Plan, the member shall |
---|
111 | 109 | | terminate employment with all participating municipalities as a |
---|
112 | 110 | | firefighter, and shall start receiving the member ’s accrued monthly |
---|
113 | 111 | | retirement benefit from the System. Such a member may be reemployed |
---|
144 | 141 | | D. When a member begins participation in the Oklahoma |
---|
145 | 142 | | Firefighters Deferred Option P lan, the contribution of the member |
---|
146 | 143 | | shall cease. The employer contributions shall continue to be paid |
---|
147 | 144 | | in accordance with subsection B of Section 49 -122 of this title. |
---|
148 | 145 | | Employer contributions for members who elect the Oklahoma |
---|
149 | 146 | | Firefighters Deferred Option Plan shall be credited equally to the |
---|
150 | 147 | | Oklahoma Firefighters Pension and Retirement System and to the |
---|
151 | 148 | | member’s Oklahoma Firefighters Deferred Option Plan account. The |
---|
152 | 149 | | monthly retirement benefits that would have been payable had the |
---|
153 | 150 | | member elected to cease employment and receive a service retirement |
---|
154 | 151 | | shall be paid into the member’s Oklahoma Firefighters Deferred |
---|
155 | 152 | | Option Plan account. |
---|
156 | 153 | | E. 1. A member who participates in this plan shall be eligible |
---|
157 | 154 | | to receive cost-of-living increases. |
---|
158 | 155 | | 2. A member who participates in this plan shall earn interest |
---|
159 | 156 | | at a rate of two percentage points below the rate of retur n of the |
---|
160 | 157 | | investment portfolio of the System, but no less than the actuarial |
---|
161 | 158 | | assumed interest rate as certified by the actuary in the yearly |
---|
162 | 159 | | evaluation report of the ac tuary. The interest shall be credited to |
---|
163 | 160 | | the individual account balance of the member on an annual basis. |
---|
164 | 161 | | 3. Effective November 1, 2013, the Oklahoma Firefighters |
---|
195 | 191 | | Firefighters Deferred Option Plan on or after November 1, 2013, and |
---|
196 | 192 | | has completed active participation in the Oklahoma Firefighters |
---|
197 | 193 | | Deferred Option Plan, shall earn interest at a rate equa l to the |
---|
198 | 194 | | actual rate of return of the investm ent portfolio of the System, |
---|
199 | 195 | | less one (1) percentage point to offset administrative costs of the |
---|
200 | 196 | | System as determined by the System. |
---|
201 | 197 | | F. A member in the plan shall rec eive, at the option of the |
---|
202 | 198 | | member, a lump-sum payment from the account equal to the payme nts to |
---|
203 | 199 | | the account or an annuity based upon the account of the member or |
---|
204 | 200 | | may elect any other method of payment if approved by the Board of |
---|
205 | 201 | | Trustees, subject to the mandatory distribution of interest |
---|
206 | 202 | | provisions in subsection G of this section and the required minimum |
---|
207 | 203 | | distributions of the Internal Revenue Code of 1986, 26 U.S.C., as |
---|
208 | 204 | | amended. If a member becomes so physically or mentally disabled |
---|
209 | 205 | | while in, or in consequen ce of, the performance of his or her duty |
---|
210 | 206 | | as to prevent the effective performance of his or her dutie s that |
---|
211 | 207 | | the State Board approves an in -line-of-duty disability pension, the |
---|
212 | 208 | | payment from the account shall be an in -line-of-duty disability |
---|
213 | 209 | | payment. Notwithstanding any other provision contained here in to |
---|
214 | 210 | | the contrary, commencement of distributions under t he Oklahoma |
---|
215 | 211 | | Firefighters Deferred Option Plan shall be no later than the time as |
---|
246 | 241 | | the first time in the Oklahoma Firefighters Deferred Option Plan on |
---|
247 | 242 | | or after November 1, 2013, must receive a distribution of the entire |
---|
248 | 243 | | remaining balance in the member ’s Oklahoma Firefighters Deferred |
---|
249 | 244 | | Option Plan account no l ater than April 1 of the calendar year |
---|
250 | 245 | | following the later of: |
---|
251 | 246 | | 1. The calendar year in which the member reaches seventy and |
---|
252 | 247 | | one-half (70 1/2) years of age ; or |
---|
253 | 248 | | 2. The actual retirement date of the m ember. |
---|
254 | 249 | | G. Upon the effective date of this act and for ea ch plan year |
---|
255 | 250 | | thereafter, for retired members, disabled members and surviving |
---|
256 | 251 | | spouses receiving monthly retirement benefits from the System , the |
---|
257 | 252 | | interest earned annually on the accumulated Plan B balance of the |
---|
258 | 253 | | member, as determined as of June 30 of the relevant plan year, shall |
---|
259 | | - | be distributed each year as a direct payment to the member or, if |
---|
260 | | - | applicable, the member's surviving spouse, or as a payment or |
---|
261 | | - | transfer to an eligible retirement plan pursuant to the provisions |
---|
262 | | - | of Section 49-106.3 of this title. A member's failure to make an |
---|
263 | | - | election of either a direct lump sum payment or direct rollover of |
---|
| 254 | + | be distributed each year as a direct payment to the member or as a |
---|
| 255 | + | payment or transfer to an eligible retirement plan pursuant to the |
---|
| 256 | + | provisions of Section 49-106.3 of this title. Failure to make an |
---|
| 257 | + | election of either a direct lump sum payment or directed rollover of |
---|
298 | 291 | | 2. A direct lump sum distribution to the member for any other |
---|
299 | 292 | | member before he or she attains the required minimum distribution |
---|
300 | 293 | | age specified by the Internal Rev enue Code of 1986, as amended. |
---|
301 | 294 | | The amount of mandatory distributio n of interest earned annually |
---|
302 | 295 | | for any plan year shall be reduced by the amount of voluntary |
---|
303 | 296 | | withdrawals from the member’s Plan B balance during the plan year. |
---|
304 | 297 | | No individual shall receive both a mandatory distribution of |
---|
305 | 298 | | interest and an IRS-required minimum distribution in the same |
---|
306 | 299 | | calendar year. In any calendar year in which the System would |
---|
307 | 300 | | otherwise distribute both a mandatory distribution of interest and |
---|
308 | 301 | | an IRS required minimum distribution to an individual, only the IRS - |
---|
309 | 302 | | required minimum distribution shall be made. |
---|
310 | 303 | | H. If a member dies while maintaining an account balance in the |
---|
311 | 304 | | plan the System shall pay to the designated recipient or recipients |
---|
312 | 305 | | of the member, or if there is no designated recipient or if the |
---|
313 | 306 | | designated recipient predeceases the member, to the spouse of the |
---|
314 | 307 | | member, or if there is no spouse or if the spouse predeceases the |
---|
315 | 308 | | member, to the estate of the member a lump-sum payment equal to the |
---|
316 | 309 | | account balance of the member. If such member was receiving, or |
---|
317 | 310 | | eligible to receive, an in -line-of-duty disability pension a t the |
---|
349 | 341 | | pursuant to subsection F of this section. The surviving spouse, |
---|
350 | 342 | | whether or not he or she is a designated recipient of the member, |
---|
351 | 343 | | may elect to receive his or her portion of the account balance of |
---|
352 | 344 | | the member in the same manner as was applicable to the member. |
---|
353 | 345 | | H. I. In lieu of participating in the Oklahoma Firefighters |
---|
354 | 346 | | Deferred Option Plan pursuant to subsections A, B, C, D, E and F of |
---|
355 | 347 | | this section, a member may elect to participate in the Oklahoma |
---|
356 | 348 | | Firefighters Deferred Option Plan pursuant to this subsection as |
---|
357 | 349 | | follows: |
---|
358 | 350 | | 1. For purposes of this subsection and subsectio n I J of this |
---|
359 | 351 | | section, the following definitions shall apply: |
---|
405 | 396 | | employer contributions fr om the back drop date to the |
---|
406 | 397 | | termination date, with inter est based on how the |
---|
407 | 398 | | benefit would have accumulated on a compound an nual |
---|
408 | 399 | | basis as if the member had participated in the |
---|
409 | 400 | | Oklahoma Firefighters Deferred Opti on Plan pursuant to |
---|
410 | 401 | | subsections A, B, C, D, E and F of this section from |
---|
411 | 402 | | the back drop date to the te rmination date; and |
---|
412 | 403 | | 2. At the termination date, the monthly pension benefit shall |
---|
413 | 404 | | be determined based on earlier attained credited service and on the |
---|
450 | 440 | | of subsections B, C, E, F and G H of this section shall apply to |
---|
451 | 441 | | this subsection. A member sh all not participate in the Oklahoma |
---|
452 | 442 | | Firefighters Deferred Option Plan pursuant to thi s subsection if the |
---|
453 | 443 | | member has elected to pa rticipate in the Oklahoma Firefighters |
---|
454 | 444 | | Deferred Option Plan pursuant to subsections A, B, C, D, E and F of |
---|
455 | 445 | | this section. |
---|
456 | 446 | | I. J. Certain surviving spouses and members shall be eligible |
---|
457 | 447 | | to participate in the Oklaho ma Firefighters Deferred Option Plan |
---|
458 | 448 | | pursuant to subsection H I of this section and this subsection. |
---|
459 | 449 | | 1. For purposes of this subsection, the following definitions |
---|
460 | 450 | | shall apply: |
---|
505 | 494 | | interest on the deferred benefit balance from the |
---|
506 | 495 | | pension commencement da te to the back drop election |
---|
507 | 496 | | date. |
---|
508 | 497 | | 2. If a member who has more than twenty (20) years of |
---|
509 | 498 | | creditable service and is eligible to receive a service, or a member |
---|
510 | 499 | | of the Oklahoma Firefighters Pension and Retirement System whose |
---|
511 | 500 | | first employment with a particip ating employer of the System occurs |
---|
512 | 501 | | on or after November 1, 2013, and such member has more than twent y- |
---|
513 | 502 | | two (22) years of creditable service, retirement pension dies on or |
---|
514 | 503 | | after June 4, 2007, and prior to terminating employment, the |
---|
515 | 504 | | member’s surviving spouse shall be eligible to elect to receive a |
---|
516 | 505 | | benefit determined as if the member had elected to particip ate in |
---|
517 | 506 | | the Oklahoma Firefighters Deferred Option Plan in accordance with |
---|
518 | 507 | | subsection H I of this section on the day immediately preceding such |
---|
519 | 508 | | member’s death. Prior to July 1, 2010, the surviving spo use must |
---|
520 | 509 | | make any such election within one (1) year from the date of the |
---|
554 | 542 | | Oklahoma Firefighters Deferred Opti on Plan. The surviving spouse |
---|
555 | 543 | | may only make this electio n if the member has not previously elected |
---|
556 | 544 | | to participate in the Oklahoma Firefig hters Deferred Option Plan. |
---|
557 | 545 | | For purposes of this election, the surviving spouse must have been |
---|
558 | 546 | | married to the firefig hter for the thirty (30) continuous months |
---|
559 | 547 | | preceding the firefighter’s death; provided, the surviving spouse of |
---|
560 | 548 | | a member who died while in , or as a consequence of, the performance |
---|
561 | 549 | | of the member’s duty for a participating municipality shall not be |
---|
562 | 550 | | subject to the marriage limitation for this election. |
---|
563 | 551 | | 3. If a member has more than twenty (20) years of creditable |
---|
564 | 552 | | service, or a member of the Okl ahoma Firefighters Pension and |
---|
565 | 553 | | Retirement System whose first employment wi th a participating |
---|
566 | 554 | | employer of the System oc curs on or after November 1, 2013, and such |
---|
567 | 555 | | member has more than twenty-two (22) years of creditable service and |
---|
568 | 556 | | is eligible to receive a service retirement pension, and is eligible |
---|
569 | 557 | | for a retirement for disabilit y monthly pension pursuant to Section |
---|
570 | 558 | | 49-109 of this title on or after June 4, 2007, such member shal l be |
---|
571 | 559 | | eligible to elect to receive a benefit determined as if the member |
---|
602 | 589 | | retirement, provided such election is made within two (2) years from |
---|
603 | 590 | | the date of the member ’s disability retirement. The disability |
---|
604 | 591 | | monthly pension such member is receiving, or entitle d to receive, |
---|
605 | 592 | | shall be adjusted in accordance with the pr ovisions of subsection H |
---|
606 | 593 | | I of this section to account for the member ’s participation in the |
---|
607 | 594 | | Oklahoma Firefighters Deferred Option Plan. The deferred benef it |
---|
608 | 595 | | balance such member is entitled to receiv e shall be reduced by the |
---|
609 | 596 | | back drop pension adjustment am ount and increased by the deferred |
---|
610 | 597 | | benefit balance adjustment amount. The member may only make a back |
---|
611 | 598 | | drop election if the deferred benefit balance after the adjustment |
---|
612 | 599 | | described in this paragraph i s greater than Zero Dollars ($0.00). |
---|
613 | 600 | | The member may only make this election if the member has not |
---|
614 | 601 | | previously elected to participate in the Ok lahoma Firefighters |
---|
615 | 602 | | Deferred Option Plan. |
---|
616 | 603 | | 4. If a member has more tha n twenty (20) years of creditable |
---|
617 | 604 | | service, or a member of the Oklahoma Firefighters Pension and |
---|
618 | 605 | | Retirement System whose first employment with a participating |
---|
619 | 606 | | employer of the System occur s on or after November 1, 2013, and such |
---|
620 | 607 | | member has more than twenty -two (22) years of creditable service and |
---|
621 | 608 | | is eligible to receive a service retirement pension, and file d a |
---|
622 | 609 | | grievance for wrongful termination occurring on or after June 4, |
---|
653 | 639 | | process, but is not reinstated as an active member, such member |
---|
654 | 640 | | shall be eligible to elect to receive a benefit determined as if the |
---|
655 | 641 | | member had elected to participate in the Oklahoma Firef ighters |
---|
656 | 642 | | Deferred Option Plan in accordance with subsectio n H I of this |
---|
657 | 643 | | section on the day immediately preceding the date of the member ’s |
---|
658 | 644 | | termination. Such election must be made within two (2) years from |
---|
659 | 645 | | the date of the member’s termination as an active me mber and, if the |
---|
660 | 646 | | member’s case pertaining to the member ’s termination is on appeal to |
---|
661 | 647 | | a court of competent jurisdiction, within such period set by the |
---|
662 | 648 | | State Board in its sole discretion. The monthly pension such member |
---|
663 | 649 | | is receiving, or entitled to receive , shall be adjusted in |
---|
664 | 650 | | accordance with the provisions of subsection H I of this section to |
---|
665 | 651 | | account for the member ’s participation in the Oklahoma Firefighters |
---|
666 | 652 | | Deferred Option Plan. The deferred benefit balance s uch member is |
---|
667 | 653 | | entitled to receive shall be r educed by the back drop pension |
---|
668 | 654 | | adjustment amount and inc reased by the deferred benefit balance |
---|
669 | 655 | | adjustment amount. The member may only make a bac k drop election if |
---|
670 | 656 | | the deferred benefit balance after the adjustme nt described in this |
---|
671 | 657 | | paragraph is greater th an Zero Dollars ($0.00). The member may only |
---|
672 | 658 | | make this election if the member has not previously elected to |
---|
704 | 689 | | System which includes the provisi ons of such subparagraphs and |
---|
705 | 690 | | paragraphs without modification or a s modified to conform to any |
---|
706 | 691 | | changes required by the Internal Revenue Service as part of its |
---|
707 | 692 | | determination letter review process. In the event the Internal |
---|
708 | 693 | | Revenue Service does not issue su ch a determination letter which |
---|
709 | 694 | | includes the provisions of such su bparagraphs or paragraphs without |
---|
710 | 695 | | modification or as modified to conform to any changes required by |
---|
711 | 696 | | the Internal Revenue Service as part of its determination letter |
---|
712 | 697 | | review process, then subp aragraphs d and e of paragraph 1 and |
---|
713 | 698 | | paragraphs 3 and 4 of this su bsection shall be repealed effective |
---|
714 | 699 | | June 4, 2007. |
---|
715 | | - | SECTION 2. This act shall become effective July 1, 2021. |
---|
716 | | - | SECTION 3. It being immediat ely necessary for the preservation |
---|
717 | | - | of the public peace, health or safety, an emergency is hereby |
---|
718 | | - | declared to exist, by reason whereof this act shall take effect and |
---|
719 | | - | be in full force from and after its passage and approval. |
---|
| 700 | + | Passed the Senate the 9th day of March, 2021. |
---|