Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB889 Compare Versions

Version 1 (Old)

Version 2 (New)

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4		-	An Act
5		-	ENROLLED SENATE
	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. 889 By: Weaver of the Senate
7	37
8	38		and
9	39
10	40		West (Josh) 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, Section 2 -300, as amended by Section 1,
17	47		Chapter 383, O.S.L. 2015 (47 O.S. Supp. 2020, Section
18	48		2-300), which relates to definitions; modifying age
19	49		for certain required distributions; modifying age at
20	50		which certain distribution may be delayed;
21	51		prohibiting delaying certain benefit beyond certain
22	52		age; and declaring an emergency.
23	53
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25	55
26	56
27		-	SUBJECT: Law enforcement pension
28		-
29	57		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
30		-
31	58		SECTION 1. AMENDATORY 47 O.S. 2011, Section 2 -300, as
32	59		amended by Section 1, Chapter 383, O .S.L. 2015 (47 O.S. Supp. 2020,
33	60		Section 2-300), is amended to read as follows:
34		-
35	61		Section 2-300. As used in Section 2 -300 et seq. of this title:
36		-
37	62		1. “System” means the Oklahoma Law Enforcement Retirement
38	63		System;
39		-
40	64		2. “Act” means Section 2-300 et seq. of this title;
41		-
42	65		3. “Board” means the Oklahoma Law Enforcement Retirement Board
43	66		of the System;
44	67
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45	94		4. “Executive Director” means the managing officer of the
46	95		System employed by the Board;
47		-
48		-	ENR. S. B. NO. 889 Page 2
49		-
50	96		5. “Fund” means the Oklahoma Law Enforcement Retirement Fund;
51		-
52	97		6. a. “Member” means:
53		-
54	98		(1) all commissioned law enforcement officers of the
55	99		Oklahoma Highway Patrol Division of the
56	100		Department of Public Safety who have obtained
57	101		certification from the Council on Law Enforcement
58	102		Education and Training, and all cadets of a
59	103		Patrol Academy of the Department of Public
60	104		Safety,
61		-
62	105		(2) law enforcement officers and criminalists of the
63	106		Oklahoma State Bureau of Investigation,
64		-
65	107		(3) law enforcement officers of the Oklahoma State
66	108		Bureau of Narcotics and Dangerous Drugs Control
67	109		designated to perform duties in the investigation
68	110		and prevention of crime and the enforcement of
69	111		the criminal laws of this state,
70		-
71	112		(4) law enforcement officers of the Oklahoma
72	113		Alcoholic Beverage Laws Enforcement Commission
73	114		designated to perform duties in the investigation
74	115		and prevention of crime and the enforcement of
75	116		the criminal laws of this state,
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76	143
77	144		(5) employees of the Communications Section of the
78	145		Oklahoma Highway Patrol Division, radio
79	146		technicians, and tower technicians of the
80	147		Department of Public Safety, who are employed in
81	148		any such capacity as of June 30, 2008, and who
82	149		remain employed on or after July 1, 2008, until a
83	150		termination of service, or until a termination of
84	151		service with an election of a vested benefit from
85	152		the System, or until retirement. Effective July
86	153		1, 2008, a person em ployed for the first time as
87	154		an employee of the Department of Public Safety in
88	155		the Communications Division as an information
89	156		systems telecommunication technician of the
90		-
91		-	ENR. S. B. NO. 889 Page 3
92	157		Department of Public Safety shall not be a member
93	158		of the System,
94		-
95	159		(6) park rangers of the Oklahoma Tourism and
96	160		Recreation Department and any park manager or
97	161		park supervisor of the Oklahoma Tourism and
98	162		Recreation Department , who was employed in such a
99	163		position prior to July 1, 1985, and who elects on
100	164		or before September 1, 1996, to participate in
101	165		the System, and
	166	+	(7) inspectors of the Board of Pharmacy.
102	167
103		-	(7) inspectors of the Board of Pharmacy.
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104	193
105	194		b. Effective July 1, 1987, a member does not include a
106	195		“leased employee” as defined under Section 414(n)(2)
107	196		of the Internal Revenue Code of 1986, as amended.
108	197		Effective July 1, 1999, any individu al who agrees with
109	198		the participating employer that the individual ’s
110	199		services are to be performed as a leased employee or
111	200		an independent contractor shall not be a member
112	201		regardless of any classification as a common -law
113	202		employee by the Internal Revenue Servi ce or any other
114	203		governmental agency, or any court of competent
115	204		jurisdiction.
116		-
117	205		c. All persons who shall be offered a position of a
118	206		commissioned law enforcement officer as an employee of
119	207		one of the agencies described in subparagraph a of
120	208		this paragraph shall participate in the System upon
121	209		the person meeting the requisite post -offer-pre-
122	210		employment physical examination standards which shall
123	211		be subject to the following requirements:
124		-
125	212		(1) all such persons shall be of good moral
126	213		character, free from deformities, men tal or
127	214		physical conditions, or disease and alcohol or
128	215		drug addiction which would prohibit the person
129	216		from performing the duties of a law enforcement
130	217		officer,
131	218
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132	245		(2) the physical-medical examination shall pertain to
133	246		age, sight, hearing, agility and other condi tions
134		-
135		-	ENR. S. B. NO. 889 Page 4
136	247		the requirements of which shall be established by
137	248		the Board,
138		-
139	249		(3) the person shall be required to meet the
140	250		conditions of this subsection prior to the
141	251		beginning of actual employment but after an offer
142	252		of employment has been tendered by a
143	253		participating employer,
144		-
145	254		(4) the Board shall have authority to deny or revoke
146	255		membership of any person submitting false
147	256		information in such person ’s membership
148	257		application, and
149		-
150	258		(5) the Board shall have final authority in
151	259		determining eligibility for membership in the
152	260		System, pursuant to the provisions of this
153	261		subsection;
154		-
155	262		7. “Normal retirement date ” means the date at which the member
156	263		is eligible to receive the unreduced payments of the member ’s
157	264		accrued retirement benefit. Such date shall be the first day of the
158	265		month coinciding with or following the date the member:
159		-
160	266		a. completes twenty (20) years of vesting service, or
161		-
162	267		b. attains sixty-two (62) years of age with ten (10)
163	268		years of vesting service, or
164	269
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165	296		c. attains sixty-two (62) years of age, if:
166		-
167	297		(1) the member has been transf erred to this System
168	298		from the Oklahoma Public Employees Retirement
169	299		System on or after July 1, 1981, and
170		-
171	300		(2) the member would have been vested had the member
172	301		continued to be a member of the Oklahoma Public
173	302		Employees Retirement System.
174		-
175	303		With respect to distri butions under the System made for calendar
176	304		years beginning on or after January 1, 2005, the System shall apply
177	305		the minimum distribution incidental benefit requirements, incidental
178		-
179		-	ENR. S. B. NO. 889 Page 5
180	306		benefit requirements, and minimum distribution requirements of
181	307		Section 401(a)(9) of the Internal Revenue Code of 1986, as amended,
182	308		in accordance with the final regulations under Section 401(a)(9) of
183	309		the Internal Revenue Code of 1986, as amended, which were issued in
184	310		April 2002 and June 2004 including Treasury Regulations Sections
185	311		1.401(a)(9)-1 through 1.401(a)(9) -9; provided that for individuals
186	312		who attain seventy and one -half (70 1/2) years of age after December
187	313		31, 2019, distributions shall be made when the individual attains
188	314		seventy-two (72) years of age, pursuant to the provisions of the
189	315		SECURE Act of 2019, Pub. L. 116 -94, Sections 401(a)(9)(B)(iv)(I),
190	316		401(a)(9)(C)(i)(I) and 401(a)(9)(C)(ii)(I) of the Internal Revenue
191	317		Code of 1986, as amended , notwithstanding any provision of the
192	318		System to the contrary. With respect to distribu tions under the
193	319		System made for calendar years beginning on or after January 1,
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194	347		2001, through December 31, 2004, the System shall apply the minimum
195	348		distribution requirements and incidental benefit requirements of
196	349		Section 401(a)(9) of the Internal Revenue C ode of 1986, as amended,
197	350		in accordance with the regulations under Section 401(a)(9) of the
198	351		Internal Revenue Code of 1986, as amended, which were proposed in
199	352		January 2001, notwithstanding any provision of the System to the
200	353		contrary.
201		-
202	354		Effective July 1, 1989, notwithstanding any other provision
203	355		contained herein to the contrary, in no event shall commencement of
204	356		distribution of the accrued retirement benefit of a member be
205	357		delayed beyond April 1 of the calendar year following the later of:
206	358		(1) the calendar year in which the member reaches seventy and one -
207	359		half (70 1/2) years of age for a member who attain s this age before
208	360		January 1, 2020, or, for a member who attains this age after January
209	361		1, 2020, the calendar year in which the member reaches seventy -two
210	362		(72) years of age; or (2) the actual retirement date of the member.
211	363		The preceding sentence does not allow deferral of A member electing
212	364		to defer the commencement of retirement benefits pursuant to Section
213	365		2-308.1 of this title may not defer the benefit commencement beyond
214	366		the age of sixty-five (65).
215		-
216	367		Effective September 8, 2009, notwithstanding anything to the
217	368		contrary of the System, the System, which as a governmental plan
218	369		(within the meaning of Section 414(d) of the Internal Revenue Code
219	370		of 1986, as amended), is treated as having complied with Section
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220	398		401(a)(9) of the Internal Revenue Code of 1986, as amended, for all
221	399		years to which Section 401(a)(9) of the Internal Revenue Code of
222		-
223		-	ENR. S. B. NO. 889 Page 6
224	400		1986, as amended, applies to the System if the System complies with
225	401		a reasonable and good faith interpretation of Section 401(a)(9) of
226	402		the Internal Revenue Code of 1986, as amended.
227		-
228	403		A member who was required to join the System effective July 1,
229	404		1980, because of the transfer of the employing agency from the
230	405		Oklahoma Public Employees Reti rement System to the System, and was
231	406		not a member of the Oklahoma Public Employees Retirement System on
232	407		the date of such transfer shall be allowed to receive credit for
233	408		prior law enforcement service rendered to this state, if the member
234	409		is not receiving or eligible to receive retirement credit or
235	410		benefits for such service in any other public retirement system,
236	411		upon payment to the System of the employee contribution the member
237	412		would have been subject to had the member been a member of the
238	413		System at the time, plus five percent (5%) interest. Service credit
239	414		received pursuant to this paragraph shall be used in determining the
240	415		member’s retirement benefit, and shall be used in determining years
241	416		of service for retirement or vesting purposes;
242		-
243	417		8. “Actual paid base salary” means the salary received by a
244	418		member, excluding payment for any accumulated leave or uniform
245	419		allowance. Salary shall include any amount of nonelective salary
246	420		reduction under Section 414(h) of the Internal Revenue Code of 1986;
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247	447
248	448		9. “Final average salary” means the average of the highest
249	449		thirty (30) consecutive complete months of actual paid gross salary.
250	450		Gross salary shall include any amount of elective salary reduction
251	451		under Section 457 of the Internal Revenue Code of 1986, as amended,
252	452		and any amount of nonelective salary reduction under Section 414(h)
253	453		of the Internal Revenue Code of 1986, as amended. Effective July 1,
254	454		1992, gross salary shall include any amount of elective salary
255	455		reduction under Section 125 of the Internal Revenue Code of 1986, as
256	456		amended. Effective July 1, 1998, gross salary shall include any
257	457		amount of elective salary reduction not includable in the gross
258	458		income of the member under Section 132(f)(4) of the Internal Revenue
259	459		Code of 1986, as amended. Effective July 1, 1998, for purposes of
260	460		determining a member ’s compensation, any contribution by the member
261	461		to reduce his or her regular cash remuneration under Section
262	462		132(f)(4) of the Internal Revenue Code of 1986, as amended, shall be
263	463		treated as if the member did not make such an election. Only salary
264	464		on which required contributions have been made may be used in
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266		-	ENR. S. B. NO. 889 Page 7
267	465		computing the final average salary. Gross salary shall not include
268	466		severance pay.
269		-
270	467		In addition to other applicable limitations, and notwithstanding
271	468		any other provision to the contrary, for plan years beginning on or
272	469		after July 1, 2002, the annual gross salary of each “Noneligible
273	470		Member” taken into account under the System shall not exceed the
274	471		Economic Growth and Tax Relief Reconciliation Act of 2001 ( “EGTRRA”)
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275	499		annual salary limit. The EGTRRA annual salary limit is Two Hundred
276	500		Thousand Dollars ($200,000.00), as adjusted by the Commissioner for
277	501		increases in the cost of living in accordance with Section
278	502		401(a)(17)(B) of the Internal Revenue Code of 1986, as amended. The
279	503		annual salary limit in effect for a calendar year applies to any
280	504		period, not exceeding twelve (12) months, over which salary is
281	505		determined (“determination period ”) beginning in such calendar year.
282	506		If a determination period consists of fewer than twelve (12) m onths,
283	507		the EGTRRA salary limit will be multiplied by a fraction, the
284	508		numerator of which is the number of months in the determination
285	509		period, and the denominator of which is twelve (12). For purposes
286	510		of this section, a “Noneligible Member” is any member who first
287	511		became a member during a plan year commencing on or after July 1,
288	512		1996.
289		-
290	513		For plan years beginning on or after July 1, 2002, any reference
291	514		in the System to the annual salary limit under Section 401(a)(17) of
292	515		the Internal Revenue Code of 1986, as amen ded, shall mean the EGTRRA
293	516		salary limit set forth in this provision.
294		-
295	517		Effective January 1, 2008, gross salary for a plan year shall
296	518		also include gross salary, as described above, for services, but
297	519		paid by the later of two and one -half (2 1/2) months after a
298	520		member’s severance from employment or the end of the calendar year
299	521		that includes the date the member terminated employment, if it is a
300	522		payment that, absent a severance from employment, would have been
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301	550		paid to the member while the member continued in emplo yment with the
302	551		employer.
303		-
304	552		Effective January 1, 2008, any payments not described above
305	553		shall not be considered gross salary if paid after severance from
306	554		employment, even if they are paid by the later of two and one -half
307	555		(2 1/2) months after the date of sever ance from employment or the
308	556		end of the calendar year that includes the date of severance from
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311	557		employment, except payments to an individual who does not currently
312	558		perform services for the employer by reason of qualified military
313	559		service within the meaning o f Section 414(u)(5) of the Internal
314	560		Revenue Code of 1986, as amended, to the extent these payments do
315	561		not exceed the amounts the individual would have received if the
316	562		individual had continued to perform services for the employer rather
317	563		than entering qualif ied military service.
318		-
319	564		Effective January 1, 2008, back pay, within the meaning of
320	565		Section 1.415(c)-2(g)(8) of the Income Tax Regulations, shall be
321	566		treated as gross salary for the limitation year to which the back
322	567		pay relates to the extent the back pay repre sents wages and
323	568		compensation that would otherwise be included in this definition.
324		-
325	569		Effective for years beginning after December 31, 2008, gross
326	570		salary shall also include differential wage payments under Section
327	571		414(u)(12) of the Internal Revenue Code of 198 6, as amended;
328		-
329	572		10. “Credited service” means the period of service used to
330	573		determine the amount of benefits payable to a member. Credited
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	599	+	24
	600	+
331	601		service shall consist of the period during which the member
332	602		participated in the System or the predecessor Plan as an active
333	603		employee in an eligible membership classification, plus any service
334	604		prior to the establishment of the predecessor Plan which was
335	605		credited under the predecessor Plan and for law enforcement officers
336	606		and criminalists of the Oklahoma State Bureau of In vestigation and
337	607		the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
338	608		who became members of the System on July 1, 1980, any service
339	609		credited under the Oklahoma Public Employees Retirement System as of
340	610		June 30, 1980, and for members of the Comm unications and Lake Patrol
341	611		Divisions of the Oklahoma Department of Public Safety, who became
342	612		members of the System on July 1, 1981, any service credited under
343	613		the predecessor Plan or the Oklahoma Public Employees Retirement
344	614		System as of June 30, 1981, and for law enforcement officers of the
345	615		Alcoholic Beverage Laws Enforcement Commission who became members of
346	616		the System on July 1, 1982, any service credited under the Oklahoma
347	617		Public Employees Retirement System as of June 30, 1982, and for park
348	618		rangers of the Oklahoma Tourism and Recreation Department who became
349	619		members of the System on July 1, 1985, any service credited under
350	620		the Oklahoma Public Employees Retirement System as of June 30, 1985,
351	621		and for inspectors of the Oklahoma State Board of Pharmacy who
352	622		became members of the System on July 1, 1986, any service credited
353		-
354		-	ENR. S. B. NO. 889 Page 9
355	623		under the Oklahoma Public Employees Retirement System as of June 30,
356	624		1986, for law enforcement officers of the Oklahoma Capitol Patrol
	625	+
	626	+	SB889 HFLR Page 13
	627	+	BOLD FACE denotes Committee Amendments. 1
	628	+	2
	629	+	3
	630	+	4
	631	+	5
	632	+	6
	633	+	7
	634	+	8
	635	+	9
	636	+	10
	637	+	11
	638	+	12
	639	+	13
	640	+	14
	641	+	15
	642	+	16
	643	+	17
	644	+	18
	645	+	19
	646	+	20
	647	+	21
	648	+	22
	649	+	23
	650	+	24
	651	+
357	652		Division of the Department of Public Safety who became me mbers of
358	653		the System effective July 1, 1993, any service credited under the
359	654		Oklahoma Public Employees Retirement System as of June 30, 1993, and
360	655		for all commissioned officers in the Gunsmith/Ammunition Reloader
361	656		Division of the Department of Public Safety wh o became members of
362	657		the System effective July 1, 1994, any service credited under the
363	658		Oklahoma Public Employees Retirement System as of June 30, 1994, and
364	659		for the park managers or park supervisors of the Oklahoma Tourism
365	660		and Recreation Department who were employed in such a position prior
366	661		to July 1, 1985, and who elect to become members of the System
367	662		effective September 1, 1996, any service transferred pursuant to
368	663		subsection C of Section 2 -309.6 of this title and any service
369	664		purchased pursuant to subsection B of Section 2-307.2 of this title.
370	665		Effective August 5, 1993, an authorized leave of absence shall
371	666		include a period of absence pursuant to the Family and Medical Leave
372	667		Act of 1993;
373		-
374	668		11. “Disability” means a physical or mental condition which, in
375	669		the judgment of the Board, totally and presumably permanently
376	670		prevents the member from engaging in the usual and customary duties
377	671		of the occupation of the member and thereafter prevents the member
378	672		from performing the duties of any occupation or service for which
379	673		the member is qualified by reason of training, education or
380	674		experience. A person is not under a disability when capable of
	675	+
	676	+	SB889 HFLR Page 14
	677	+	BOLD FACE denotes Committee Amendments. 1
	678	+	2
	679	+	3
	680	+	4
	681	+	5
	682	+	6
	683	+	7
	684	+	8
	685	+	9
	686	+	10
	687	+	11
	688	+	12
	689	+	13
	690	+	14
	691	+	15
	692	+	16
	693	+	17
	694	+	18
	695	+	19
	696	+	20
	697	+	21
	698	+	22
	699	+	23
	700	+	24
	701	+
381	702		performing a service to the employer, regardless of occupation,
382	703		providing the salary of the employee is not diminished thereby;
383		-
384	704		12. “Limitation year” means the year used in applying the
385	705		limitations of Section 415 of the Internal Revenue Code of 1986,
386	706		which year shall be the calendar year;
387		-
388	707		13. “Line of duty” means any action which a member whose
389	708		primary function is crime control or red uction or enforcement of the
390	709		criminal law is obligated or authorized by rule, regulations,
391	710		condition of employment or service, or law to perform , including
392	711		those social, ceremonial , or athletic functions to which the member
393	712		is assigned, or for which the me mber is compensated, by the agency
394	713		the member serves;
395		-
396		-
397		-	ENR. S. B. NO. 889 Page 10
398	714		14. “Personal injury” or “injury” means any traumatic injury as
399	715		well as diseases which are caused by or result from such an injury,
400	716		but not occupational diseases;
401		-
402	717		15. “Catastrophic nature” means consequences of an injury that
403	718		permanently prevent an individual from performing any gainful work;
404		-
405	719		16. “Traumatic injury” means a wound or a condition of the body
406	720		caused by external force , including injuries inflicted by bullets,
407	721		explosives, sharp instruments, blunt objects or other physical
408	722		blows, chemicals, electricity, climatic conditions, infectious
409	723		diseases, radiation, and bacteria, but excluding stress and strain;
410	724		and
	725	+
	726	+	SB889 HFLR Page 15
	727	+	BOLD FACE denotes Committee Amendments. 1
	728	+	2
	729	+	3
	730	+	4
	731	+	5
	732	+	6
	733	+	7
	734	+	8
	735	+	9
	736	+	10
	737	+	11
	738	+	12
	739	+	13
	740	+	14
	741	+	15
	742	+	16
	743	+	17
	744	+	18
	745	+	19
	746	+	20
	747	+	21
	748	+	22
	749	+	23
	750	+	24
411	751
412	752		17. “Beneficiary” means the individual designated by the member
413	753		on a beneficiary design ation form supplied by the Oklahoma Law
414	754		Enforcement Retirement System, or , if there is no designated
415	755		beneficiary or if the designated beneficiary predeceases the member,
416	756		the estate of the member. If the member ’s spouse is not designated
417	757		as the sole primary beneficiary, the member ’s spouse must sign a
418	758		consent.
419		-
420	759		SECTION 2. It being immediately necessary for the preservation
421	760		of the public peace, health or safety, an emergency is hereby
422	761		declared to exist, by reason whereof this act shall take e ffect and
423	762		be in full force from and after its passage and approval.
424	763
425		-
426		-	ENR. S. B. NO. 889 Page 11
427		-	Passed the Senate th e 9th day of March, 2021.
428		-
429		-
430		-
431		-	Presiding Officer of the Senate
432		-
433		-
434		-	Passed the House of Representatives the 12th day of April, 2021.
435		-
436		-
437		-
438		-	Presiding Officer of the House
439		-	of Representatives
440		-
441		-	OFFICE OF THE GOVERNOR
442		-	Received by the Office of the Governor this _______ _____________
443		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
444		-	By: _______________________________ __
445		-	Approved by the Governor of the State of Oklahoma this _____ ____
446		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
447		-
448		-	_________________________________
449		-	Governor of the State of Oklahoma
450		-
451		-
452		-	OFFICE OF THE SECRETARY OF STATE
453		-	Received by the Office of the Secretary of State this _______ ___
454		-	day of __________________, 20 _______, at _______ o'clock _______ M.
455		-	By: _______________________________ __
	764	+	COMMITTEE REPORT BY: COMMITTEE ON BANKING, FINANCIAL SERVICES AND
	765	+	PENSIONS, dated 04/05/2021 - DO PASS.