Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB826 Compare Versions

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1-RBH No. 7986
1+RBS No. 1886
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3-SB826 HFLR Page 1
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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-COMMITTEE SUBSTITUTE
36-FOR
37-SENATE BILL NO. 826 By: Howard of the Senate
28+ENGROSSED SENATE
29+BILL NO. 826 By: Howard of the Senate
3830
3931 and
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4133 O’Donnell of the House
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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.
4651
47-PROPOSED COMMITTEE SUBSTITUTE
48-
49-[ firefighter retirement - deferred option plan -
50-specifying that certain distributions be subject to
51-certain law - effective date –
52- emergency ]
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5554
5655
5756 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5857 SECTION 1. AMENDATORY 11 O.S. 2011, Section 49 -106.1, as
5958 last amended by Section 3, Chap ter 281, O.S.L. 2014 (11 O.S. Supp.
6059 2020, Section 49-106.1), is amended to read as follows:
61-Section 49-106.1 A. In lieu of terminating employment and
60+Section 49-106.1. A. In lieu of terminating employment and
6261 accepting a service retirement pension pursuant to Sections 49 -101
6362 and 49-106 of this title, any member of the Oklahoma Firefighters
64-Pension and Retirement System serving as an active firefighter in a RBH No. 7986
63+Pension and Retireme nt System serving as an active firefighter in a
64+fire department of a participating municipality who has not less
65+than twenty (20) years of creditable service, or any member of the RBS No. 1886
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92-fire department of a participating municipality who has not less
93-than twenty (20) years of creditable ser vice, or any member of the
9492 Oklahoma Firefighters Pens ion and Retirement System whose first
9593 employment with a participating employer of the System occurs on or
9694 after November 1, 2013, and who has not less than twenty -two (22)
9795 years of creditable service and who is eligible to receive a service
9896 retirement pension may elect to participate in the Oklahoma
9997 Firefighters Deferred Option Plan and defer the receipts of be nefits
10098 in accordance with the provisions of this section.
10199 B. For purposes of this section, creditable service shall
102100 include service credit reciproca lly recognized pursuant to Sections
103101 49-100.1 through 49-100.8 and Sections 49 -101, 49-101.1 and 49-101.2
104102 of this title but for eligibility purposes only.
105103 C. The duration of participation in the Oklahoma Firefighters
106104 Deferred Option Plan for active firefig hters shall not exceed five
107105 (5) years. Participat ion in the Oklahoma Firefighters Deferred
108106 Option Plan must begin the first day of a month and end on the last
109107 day of a month. At the conclusion of a member ’s participation in
110108 the Oklahoma Firefighters Defe rred Option Plan, the member shall
111109 terminate employment with all participating municipalities as a
112110 firefighter, and shall start receiving the member ’s accrued monthly
113111 retirement benefit from the System. Such a member may be reemployed
114-by a participating municipality but only in a position not covered RBH No. 7986
112+by a participating m unicipality but only in a position not covered
113+under the System, and receive in -service distributions of su ch
114+member’s accrued monthly retirement benefit from the System. RBS No. 1886
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142-under the System, and receive in -service distributions of such
143-member’s accrued monthly retirement benefit from the System.
144141 D. When a member begins participation in the Oklahoma
145142 Firefighters Deferred Option P lan, the contribution of the member
146143 shall cease. The employer contributions shall continue to be paid
147144 in accordance with subsection B of Section 49 -122 of this title.
148145 Employer contributions for members who elect the Oklahoma
149146 Firefighters Deferred Option Plan shall be credited equally to the
150147 Oklahoma Firefighters Pension and Retirement System and to the
151148 member’s Oklahoma Firefighters Deferred Option Plan account. The
152149 monthly retirement benefits that would have been payable had the
153150 member elected to cease employment and receive a service retirement
154151 shall be paid into the member’s Oklahoma Firefighters Deferred
155152 Option Plan account.
156153 E. 1. A member who participates in this plan shall be eligible
157154 to receive cost-of-living increases.
158155 2. A member who participates in this plan shall earn interest
159156 at a rate of two percentage points below the rate of retur n of the
160157 investment portfolio of the System, but no less than the actuarial
161158 assumed interest rate as certified by the actuary in the yearly
162159 evaluation report of the ac tuary. The interest shall be credited to
163160 the individual account balance of the member on an annual basis.
164161 3. Effective November 1, 2013, the Oklahoma Firefighters
165-Deferred Option Plan account for a member whose first service with a RBH No. 7986
162+Deferred Option Plan account for a member whose first service with a
163+participating municipa lity of the System occurs on or after Novemb er
164+1, 2013, and who participates for the firs t time in the Oklahoma RBS No. 1886
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193-participating municipality of the System occurs on or after November
194-1, 2013, and who participates for the first time in the Oklahoma
195191 Firefighters Deferred Option Plan on or after November 1, 2013, and
196192 has completed active participation in the Oklahoma Firefighters
197193 Deferred Option Plan, shall earn interest at a rate equa l to the
198194 actual rate of return of the investm ent portfolio of the System,
199195 less one (1) percentage point to offset administrative costs of the
200196 System as determined by the System.
201197 F. A member in the plan shall rec eive, at the option of the
202198 member, a lump-sum payment from the account equal to the payme nts to
203199 the account or an annuity based upon the account of the member or
204200 may elect any other method of payment if approved by the Board of
205201 Trustees, subject to the mandatory distribution of interest
206202 provisions in subsection G of this section and the required minimum
207203 distributions of the Internal Revenue Code of 1986, 26 U.S.C., as
208204 amended. If a member becomes so physically or mentally disabled
209205 while in, or in consequen ce of, the performance of his or her duty
210206 as to prevent the effective performance of his or her dutie s that
211207 the State Board approves an in -line-of-duty disability pension, the
212208 payment from the account shall be an in -line-of-duty disability
213209 payment. Notwithstanding any other provision contained here in to
214210 the contrary, commencement of distributions under t he Oklahoma
215211 Firefighters Deferred Option Plan shall be no later than the time as
216-set forth in subsection B of Section 49 -106 of this title and a. A RBH No. 7986
212+set forth in subsection B of Section 49 -106 of this title and a. A
213+member whose first service with a participating mu nicipality of the
214+System occurs on or after November 1, 2 013, and who participates for RBS No. 1886
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244-member whose first service with a participating municipality of the
245-System occurs on or after November 1, 2013, and who participates for
246241 the first time in the Oklahoma Firefighters Deferred Option Plan on
247242 or after November 1, 2013, must receive a distribution of the entire
248243 remaining balance in the member ’s Oklahoma Firefighters Deferred
249244 Option Plan account no l ater than April 1 of the calendar year
250245 following the later of:
251246 1. The calendar year in which the member reaches seventy and
252247 one-half (70 1/2) years of age ; or
253248 2. The actual retirement date of the m ember.
254249 G. Upon the effective date of this act and for ea ch plan year
255250 thereafter, for retired members, disabled members and surviving
256251 spouses receiving monthly retirement benefits from the System , the
257252 interest earned annually on the accumulated Plan B balance of the
258253 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
264258 the interest earned for the applicable plan year shall result in:
265259 1. An automatic rollover of the interest earned for the
266260 applicable plan year to an individual re tirement plan, consistent
267-with the mandatory distribution rules of Section 401(a)(31) of the RBH No. 7986
261+with the mandatory distribution rules of Section 401(a)(31) of the
262+Internal Revenue Code of 1986, as amended, for any member before the
263+member attains the later of age 62 or the member ’s normal retirement
264+date; or RBS No. 1886
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295-Internal Revenue Code of 1986, as amended, for any member before the
296-member attains the later of age 62 or the member’s normal retirement
297-date; or
298291 2. A direct lump sum distribution to the member for any other
299292 member before he or she attains the required minimum distribution
300293 age specified by the Internal Rev enue Code of 1986, as amended.
301294 The amount of mandatory distributio n of interest earned annually
302295 for any plan year shall be reduced by the amount of voluntary
303296 withdrawals from the member’s Plan B balance during the plan year.
304297 No individual shall receive both a mandatory distribution of
305298 interest and an IRS-required minimum distribution in the same
306299 calendar year. In any calendar year in which the System would
307300 otherwise distribute both a mandatory distribution of interest and
308301 an IRS required minimum distribution to an individual, only the IRS -
309302 required minimum distribution shall be made.
310303 H. If a member dies while maintaining an account balance in the
311304 plan the System shall pay to the designated recipient or recipients
312305 of the member, or if there is no designated recipient or if the
313306 designated recipient predeceases the member, to the spouse of the
314307 member, or if there is no spouse or if the spouse predeceases the
315308 member, to the estate of the member a lump-sum payment equal to the
316309 account balance of the member. If such member was receiving, or
317310 eligible to receive, an in -line-of-duty disability pension a t the
318-time of his or her death, payment of the account balance shall be an RBH No. 7986
311+time of his or her death, payment of the account balance shall be an
312+in-line-of-duty disability payment. If a designated recipient is
313+the surviving spouse of the member, the surviving spouse shall
314+receive his or her portion of the account balance of the member RBS No. 1886
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346-in-line-of-duty disability payment. I f a designated recipient is
347-the surviving spouse of the member, the surviving spouse shall
348-receive his or her portion of the account balance of the member
349341 pursuant to subsection F of this section. The surviving spouse,
350342 whether or not he or she is a designated recipient of the member,
351343 may elect to receive his or her portion of the account balance of
352344 the member in the same manner as was applicable to the member.
353345 H. I. In lieu of participating in the Oklahoma Firefighters
354346 Deferred Option Plan pursuant to subsections A, B, C, D, E and F of
355347 this section, a member may elect to participate in the Oklahoma
356348 Firefighters Deferred Option Plan pursuant to this subsection as
357349 follows:
358350 1. For purposes of this subsection and subsectio n I J of this
359351 section, the following definitions shall apply:
360-a. "back drop date" means the member's normal retirement
352+a. back drop date means the members normal retirement
361353 date or the date five (5) years befo re the member
362354 elects to participate in the O klahoma Firefighters
363355 Deferred Option Plan, whichever date is later,
364-b. "termination date" mean s the date the member elects to
356+b. termination date” means the date the member elects to
365357 participate in the Oklahoma Firefighters Deferred
366358 Option Plan pursuant to this subsect ion, and the date
367359 the member terminates empl oyment with all
368-participating municipalities as an active firefighter, RBH No. 7986
360+participating municipalities as an active firefighter,
361+c. “earlier attained credited service ” means the credited
362+service earned by a member as of the back drop date,
363+and RBS No. 1886
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396-c. "earlier attained cr edited service" means the credited
397-service earned by a member as of the back drop date,
398-and
399-d. "deferred benefit balance" means all monthly
390+d. “deferred benefit balan ce” means all monthly
400391 retirement benefits th at would have been payable had
401392 the member elected to ceas e employment on the back
402393 drop date and receive a service retirement from the
403394 back drop date to the termination date, all the
404-member's contributions and one -half (1/2) of the
395+members contributions and one -half (1/2) of the
405396 employer contributions fr om the back drop date to the
406397 termination date, with inter est based on how the
407398 benefit would have accumulated on a compound an nual
408399 basis as if the member had participated in the
409400 Oklahoma Firefighters Deferred Opti on Plan pursuant to
410401 subsections A, B, C, D, E and F of this section from
411402 the back drop date to the te rmination date; and
412403 2. At the termination date, the monthly pension benefit shall
413404 be determined based on earlier attained credited service and on the
414-final average salary as of the back drop date. The member's
405+final average salary as of the back drop date. The members
415406 individual deferred option account shall be credited with an amount
416407 equal to the deferred benefit balance, the m ember shall terminate
417408 employment with all participating municipalities as a firefighter ,
418-and shall start receiving the member's accrued monthly retirement
419-benefit from the System. Such a member may be reemployed by a RBH No. 7986
409+and shall start receiving the member ’s accrued monthly retirement
410+benefit from the System. Such a member may be reemployed by a
411+participating municipality but only in a position not covered under
412+the System, and receive in -service distributions of such member’s
413+accrued monthly retirement benefit from the System. The provisions RBS No. 1886
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447-participating municipality but only in a position not covered under
448-the System, and receive in -service distributions of such member’s
449-accrued monthly retirement benefit from the System. The provisions
450440 of subsections B, C, E, F and G H of this section shall apply to
451441 this subsection. A member sh all not participate in the Oklahoma
452442 Firefighters Deferred Option Plan pursuant to thi s subsection if the
453443 member has elected to pa rticipate in the Oklahoma Firefighters
454444 Deferred Option Plan pursuant to subsections A, B, C, D, E and F of
455445 this section.
456446 I. J. Certain surviving spouses and members shall be eligible
457447 to participate in the Oklaho ma Firefighters Deferred Option Plan
458448 pursuant to subsection H I of this section and this subsection.
459449 1. For purposes of this subsection, the following definitions
460450 shall apply:
461-a. "back drop election date" means the date the surviving
451+a. back drop election date means the date the surviving
462452 spouse or member elec ts to commence participation in
463453 the Oklahoma Firefighters Deferred Option Plan
464454 pursuant to subsection H I of this section and this
465455 subsection,
466-b. "interest" means the actuarial assumed interest rate
456+b. interest means the actuarial a ssumed interest rate
467457 as certified by the actuary in the yearly evaluation
468458 report of the actuary,
469-c. "monthly adjustment amount" means the difference
470-between the monthly pension prior to the back drop RBH No. 7986
459+c. “monthly adjustment am ount” means the difference
460+between the monthly pension pr ior to the back drop
461+election and the adjusted monthly pension due to the
462+back drop election, RBS No. 1886
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498-election and the adjusted monthly pension due to the
499-back drop election,
500-d. "back drop pension adjustment amount" means the sum of
489+d. “back drop pension adjustment amount ” means the sum of
501490 all the monthly adjustment amounts adjusted for
502491 interest from the pension commencement date to the
503492 back drop election date, and
504-e. "deferred benefit balance adjustment amount" means the
493+e. deferred benefit balance adjustment amount means the
505494 interest on the deferred benefit balance from the
506495 pension commencement da te to the back drop election
507496 date.
508497 2. If a member who has more than twenty (20) years of
509498 creditable service and is eligible to receive a service, or a member
510499 of the Oklahoma Firefighters Pension and Retirement System whose
511500 first employment with a particip ating employer of the System occurs
512501 on or after November 1, 2013, and such member has more than twent y-
513502 two (22) years of creditable service, retirement pension dies on or
514503 after June 4, 2007, and prior to terminating employment, the
515504 member’s surviving spouse shall be eligible to elect to receive a
516505 benefit determined as if the member had elected to particip ate in
517506 the Oklahoma Firefighters Deferred Option Plan in accordance with
518507 subsection H I of this section on the day immediately preceding such
519508 member’s death. Prior to July 1, 2010, the surviving spo use must
520509 make any such election within one (1) year from the date of the
521-member’s death. Effe ctive July 1, 2010, the surviving spouse must RBH No. 7986
510+member’s death. Effective July 1, 2010, the surviving spouse m ust
511+make any such election within ninety (90) days from the date of the
512+member’s death. If on or after June 4, 2007, su ch election is made, RBS No. 1886
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549-make any such election within ninety (90) days from the date of the
550-member’s death. If on or after June 4, 2007, such election is made,
551539 the monthly pension such surviving s pouse is entitled to receive
552540 shall be adjusted in accordance with the provision s of subsection H
553-I of this section to account for the member's participation in the
541+I of this section to account for the members participation in the
554542 Oklahoma Firefighters Deferred Opti on Plan. The surviving spouse
555543 may only make this electio n if the member has not previously elected
556544 to participate in the Oklahoma Firefig hters Deferred Option Plan.
557545 For purposes of this election, the surviving spouse must have been
558546 married to the firefig hter for the thirty (30) continuous months
559547 preceding the firefighter’s death; provided, the surviving spouse of
560548 a member who died while in , or as a consequence of, the performance
561549 of the member’s duty for a participating municipality shall not be
562550 subject to the marriage limitation for this election.
563551 3. If a member has more than twenty (20) years of creditable
564552 service, or a member of the Okl ahoma Firefighters Pension and
565553 Retirement System whose first employment wi th a participating
566554 employer of the System oc curs on or after November 1, 2013, and such
567555 member has more than twenty-two (22) years of creditable service and
568556 is eligible to receive a service retirement pension, and is eligible
569557 for a retirement for disabilit y monthly pension pursuant to Section
570558 49-109 of this title on or after June 4, 2007, such member shal l be
571559 eligible to elect to receive a benefit determined as if the member
572-had elected to participate in the Oklahoma Firefighters Deferred RBH No. 7986
560+had elected to participate in the Oklahoma Firefighters Deferred
561+Option Plan, in accordance with subsection H I of this section, on
562+the day immediately preceding the date of the member ’s disability RBS No. 1886
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600-Option Plan, in accordance with subsection H I of this section, on
601-the day immediately preceding the date of the member’s disability
602589 retirement, provided such election is made within two (2) years from
603590 the date of the member ’s disability retirement. The disability
604591 monthly pension such member is receiving, or entitle d to receive,
605592 shall be adjusted in accordance with the pr ovisions of subsection H
606593 I of this section to account for the member ’s participation in the
607594 Oklahoma Firefighters Deferred Option Plan. The deferred benef it
608595 balance such member is entitled to receiv e shall be reduced by the
609596 back drop pension adjustment am ount and increased by the deferred
610597 benefit balance adjustment amount. The member may only make a back
611598 drop election if the deferred benefit balance after the adjustment
612599 described in this paragraph i s greater than Zero Dollars ($0.00).
613600 The member may only make this election if the member has not
614601 previously elected to participate in the Ok lahoma Firefighters
615602 Deferred Option Plan.
616603 4. If a member has more tha n twenty (20) years of creditable
617604 service, or a member of the Oklahoma Firefighters Pension and
618605 Retirement System whose first employment with a participating
619606 employer of the System occur s on or after November 1, 2013, and such
620607 member has more than twenty -two (22) years of creditable service and
621608 is eligible to receive a service retirement pension, and file d a
622609 grievance for wrongful termination occurring on or after June 4,
623-2007, or is not a member of a collective bargaining organization as RBH No. 7986
610+2007, or is not a member of a collective bargaining organization as
611+a firefighter, is involuntarily terminated and is seeking to h ave
612+his or her position as a firefighter reinstated throu gh a legal RBS No. 1886
624613
625-SB826 HFLR Page 13
626-BOLD FACE denotes Committee Amendments. 1
614+ENGR. S. B. NO. 826 Page 13 1
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651-a firefighter, is involuntarily terminated and is seeking to have
652-his or her position as a firefighter reinstated through a legal
653639 process, but is not reinstated as an active member, such member
654640 shall be eligible to elect to receive a benefit determined as if the
655641 member had elected to participate in the Oklahoma Firef ighters
656642 Deferred Option Plan in accordance with subsectio n H I of this
657643 section on the day immediately preceding the date of the member ’s
658644 termination. Such election must be made within two (2) years from
659645 the date of the member’s termination as an active me mber and, if the
660646 member’s case pertaining to the member ’s termination is on appeal to
661647 a court of competent jurisdiction, within such period set by the
662648 State Board in its sole discretion. The monthly pension such member
663649 is receiving, or entitled to receive , shall be adjusted in
664650 accordance with the provisions of subsection H I of this section to
665651 account for the member ’s participation in the Oklahoma Firefighters
666652 Deferred Option Plan. The deferred benefit balance s uch member is
667653 entitled to receive shall be r educed by the back drop pension
668654 adjustment amount and inc reased by the deferred benefit balance
669655 adjustment amount. The member may only make a bac k drop election if
670656 the deferred benefit balance after the adjustme nt described in this
671657 paragraph is greater th an Zero Dollars ($0.00). The member may only
672658 make this election if the member has not previously elected to
673-participate in the Oklahoma Firefighters Deferred Option Plan. RBH No. 7986
659+participate in the Oklahoma Firefight ers Deferred Option Plan.
660+5. Subparagraphs d and e of paragraph 1 and paragraphs 3 and 4
661+of this subsection a re effective June 4, 2007, provided the Internal
662+Revenue Service issues a favorable determination letter for the RBS No. 1886
674663
675-SB826 HFLR Page 14
676-BOLD FACE denotes Committee Amendments. 1
664+ENGR. S. B. NO. 826 Page 14 1
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701-5. Subparagraphs d and e of paragraph 1 and paragraphs 3 and 4
702-of this subsection are effective June 4, 2007, provided the Internal
703-Revenue Service issues a favorable determinat ion letter for the
704689 System which includes the provisi ons of such subparagraphs and
705690 paragraphs without modification or a s modified to conform to any
706691 changes required by the Internal Revenue Service as part of its
707692 determination letter review process. In the event the Internal
708693 Revenue Service does not issue su ch a determination letter which
709694 includes the provisions of such su bparagraphs or paragraphs without
710695 modification or as modified to conform to any changes required by
711696 the Internal Revenue Service as part of its determination letter
712697 review process, then subp aragraphs d and e of paragraph 1 and
713698 paragraphs 3 and 4 of this su bsection shall be repealed effective
714699 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.
720701
721-COMMITTEE REPORT BY: COMMITTEE O N RULES, dated 04/06/2021 - DO PASS,
722-As Amended.
702+
703+
704+ Presiding Officer of the Senate
705+
706+
707+Passed the House of Representatives the ____ day of __________,
708+2021.
709+
710+
711+
712+ Presiding Officer of the House
713+ of Representatives
714+