RBH No. 5558 Req. No. 5558 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 59th Legislature (2023) HOUSE BILL 2592 By: Humphrey AS INTRODUCED An Act relating to retirement; amending 47 O.S. 2021, Section 2-300, which relates to the Oklahoma Law Enforcement Retirement System; m odifying definition; amending 74 O.S. 2021, Sections 902, 915, 916.3, and 919.1, which relate to the Oklahoma Public Employees Retirement System; modifying definition; modifying members who may receive retirement benefit ; modifying members who may have certain benefits paid upon death; modifying members who shall pay certain employee contributions; and providing an effective date. BE IT ENACTED BY THE PEOP LE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 47 O.S. 2021 , Section 2-300, is amended to read as follows: Section 2-300. As used in Section 2 -300 et seq. of this title: 1. "System" means the Oklahoma Law Enforcement Retirement System; 2. "Act" means Section 2-300 et seq. of this title; 3. "Board" means the Oklahoma Law Enforcement Retirement Boar d of the System; RBH No. 5558 Req. No. 5558 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 4. "Executive Director" means the managing officer of the System employed by the Board ; 5. "Fund" means the Oklahoma Law Enforcement Retirement Fund; 6. a. "Member" means: (1) all commissioned law en forcement officers of the Oklahoma Highway Patrol Division of the Department of Public Safety who have obtained certification from the Council on Law Enforcement Education and Training, and all cadets of a Patrol Academy of the Department of Public Safety, (2) law enforcement officers and crim inalists of the Oklahoma State Bureau of Investigation, (3) law enforcement officers of the Oklahoma Sta te Bureau of Narcotics and Dangerous Drugs Control designated to perform duties in the investigation and prevention of crime and the enforcement of the criminal laws of this state, (4) law enforcement officers of the Oklahoma Alcoholic Beverage Laws Enforc ement Commission designated to perform duties in the invest igation and prevention of crime and the enforcement of the criminal laws of this state, RBH No. 5558 Req. No. 5558 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (5) employees of the Communications Section of the Oklahoma Highway Patrol Division, radio technicians and tower technicians of the Department of Public Safety, who are employed in any such capacity as of June 30, 2008, and who remain employed on or after July 1, 2008, until a termination of service, or until a termination of service with an election of a vested benefit from the System, or until retirement. Effective Ju ly 1, 2008, a person employed for the first time as an employee of the Department of Public S afety in the Communications Division as an information systems telecommunication technician of the Department of Public Safety shall not be a member of the System, (6) park rangers of the Oklahoma Tourism and Recreation Department and any park manager or park supervisor of the Oklahoma Tourism and Recreation Department, who was employed in such a position prior to July 1, 1985, and who elects on or before September 1, 1996, to participate in the System, and (7) inspectors of the Board of Pharmacy , and RBH No. 5558 Req. No. 5558 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (8) a correctional officer, probation and parole officer or fugitive apprehension agent with the Department of Corrections whose first creditable service occurs on or after November 1, 2024. b. Effective July 1, 1987, a mem ber does not include a "leased employee" as defined under Section 414(n)(2) of the Internal Revenue Code of 1986, as amended. Effective July 1, 1999, any individual who agrees with the participating employer that the individual's services are to be perfor med as a leased employee or an independent contractor shall not be a member regardless of any classification as a common -law employee by the Internal Revenue Service or any othe r governmental agency, or any court of competent jurisdiction. c. All persons who shall be offered a position of a commissioned law enforcement officer as an employee of one of the agencies described in subparagraph a o f this paragraph shall participate in the System upon the person meeting the requisite post-offer-pre- employment physical examination standards which shall be subject to the following requirements: (1) all such persons shall be of good moral character, free from deformities, mental or RBH No. 5558 Req. No. 5558 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 physical conditions, or diseas e and alcohol or drug addiction which would prohibit the person from performing the duties of a law enforcement officer, (2) the physical-medical examination shall pertain to age, sight, hearing, agility and other conditions the requirements of which shall be established by the Board, (3) the person shall be re quired to meet the conditions of this subsection prior to the beginning of actual employment but after an offer of employment has been tende red by a participating employer, (4) the Board shall have au thority to deny or revoke membership of any person submi tting false information in such person 's membership application, and (5) the Board shall have final authority in determining eligibility for membership in the System, pursuant to the provisions of thi s subsection; 7. "Normal retirement date" means the date at which the member is eligible to receive the unreduced payments of the member 's RBH No. 5558 Req. No. 5558 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 accrued retirement benefit. Such date shall be the firs t day of the month coinciding with or following the date the member: a. completes twenty (20) years of vesting servi ce, or b. attains sixty-two (62) years of age with ten (10) years of vesting service, or c. attains sixty-two (62) years of age, if: (1) the member has been transferred to this System from the Oklahoma Public Employees Retirement System on or after July 1, 1981, and (2) the member would have been vested had the member continued to be a member of the Oklahoma Public Employees Retirement System. With respect to distributions under the System made for cal endar years beginning on or after January 1, 2005, the S ystem shall apply the minimum distribution incidental benefit requirements, incidental benefit requirements, and minimum distribution requir ements of Section 401(a)(9) of the In ternal Revenue Code of 1986, as amended, in accordance with the final regulatio ns under Section 401(a)(9) of the Internal Revenue Code of 1986, as amended, including Treasury Regulations Sections 1.401(a)(9) -1 through 1.401(a)(9)-9; provided that for individuals who attain seven ty and one-half (70 1/2) years of age after December 31, 2019, distributions shall be made when the individual attains seventy -two (72) years of age, pursuant to the provisions of the SECURE Act o f 2019, Pub. L. 116-94, Sections RBH No. 5558 Req. No. 5558 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 401(a)(9)(B)(iv)(I), 401(a) (9)(C)(i)(I) and 401(a)(9)(C)(ii)(I) of the Internal Revenue Code of 1986, as amended, notwithstanding any provision of the System to the contrary. With respect to distributions under the System made for calendar years beginning on or after January 1, 200 1, through December 31, 2004, the System shall apply the minimum distribution requirements and incidental benefit requirements of Section 401(a)(9) of the Internal Revenue Code of 1986, as amended , in accordance with the regulations under Section 401(a)(9) of the Internal Revenue Code of 1986, as amended, which were proposed in January 2001, notwithstanding any provision of the System to the contrary. Effective July 1, 1989, notwithstanding any oth er provision contained herein to the contrary, in no event s hall commencement of distribution of the accrued retirem ent benefit of a member be delayed beyond April 1 of the calendar year following the later of: (1) the calendar year in which the member re aches seventy and one- half (70 1/2) years of age for a membe r who attains this age before January 1, 2020, or, for a member who attains this age after January 1, 2020, the calendar year in which the member reaches seventy -two (72) years of age; or (2) the actual retirement date of the member. A member electing to defer the commencement of retirement benefits pursuant to Section 2-308.1 of this title may not defer the benefit commencement beyond the age of sixty -five (65). RBH No. 5558 Req. No. 5558 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Effective September 8, 2009, notwi thstanding anything to the contrary of the System, the Syste m, which as a governmental plan (within the meaning of S ection 414(d) of the Internal Revenue Code of 1986, as amended), is treated as having complied with Section 401(a)(9) of the Internal Revenu e Code of 1986, as amended, for all years to which Section 4 01(a)(9) of the Internal Revenue Code of 1986, as amended, applies to the System if the System complies with a reasonable and good faith interpretation of Section 401(a)(9) of the Internal Revenue Code of 1986, as amended. A member who was required to join the System effective July 1, 1980, because of the trans fer of the employing agency from the Oklahoma Public Employees Retirement System to the System, and was not a member of the Oklahoma Public Employees Retirement System on the date of such transfer sha ll be allowed to receive credit for prior law enforcemen t service rendered to this state, if the member is not receiving or eligible to receive retirement credit or benefits for such service in an y other public retirement system, upon payment to the System of the employee contribution the member would have been subject to had the member been a member of the System at the time, plus five percent (5%) interest. Service credit received pursuant to th is paragraph shall be used in determi ning the member's retirement benefit, and shall be used in determining years of service for retirement or vesting purposes; RBH No. 5558 Req. No. 5558 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 8. "Actual paid base salary " means the salary received by a member, excluding payment for any accumulated leave or uniform allowance. Salary shall includ e any amount of nonelective salary reduction under Secti on 414(h) of the Internal Revenue Code of 1986; 9. "Final average salary " means the average of the highest thirty (30) consecutive complete months of actual paid gross salary. Gross salary shall inc lude any amount of elective salary reduction under Section 457 of the Internal Revenue Code of 1986, as amended, and any amount of nonelective salary reduction under Section 414(h) of the Internal Revenue Code of 1986, as amended. E ffective July 1, 1992, gross salary shall include any amount of elective salary reduction under Section 125 of the Internal Revenue Code of 1986, as amended. Effective July 1, 1998, gross salary shall include any amount of elective salary reduction not in cludable in the gross income of the member under Section 132(f)(4) of the Inter nal Revenue Code of 1986, as amended. Effective July 1, 1998, for purposes of determining a member 's compensation, any contribution by the member to reduce his or her regular c ash remuneration under Section 132(f)(4) of the Internal Revenue Code of 1986, as amended, shall be treated as if the member did not make such an election. Only salary on which required contributions have been made may be used in computing the final avera ge salary. Gross salar y shall not include severance pay. RBH No. 5558 Req. No. 5558 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 In addition to other applicable limitations, and notwithstanding any other provision to the contrary, for plan years beginning on or after July 1, 2002, the annu al gross salary of each "Noneligible Member" taken into account under the System shall not exceed the Economic Growth and Tax Relief Reconciliation Act of 2001 ( "EGTRRA") annual salary limit. The EGTRRA annual salary limit is Two Hundred Thousand Dollars ($200,000.00), as adjusted by the Com missioner for increases in the cost of living in accordance with Section 401(a)(17)(B) of the Internal Revenue Code of 1986, as amended. The annual salary limit in effect for a calendar year applies to any period, not exceeding twelve (12) months, over wh ich salary is determined ("determination period") beginning in such calendar ye ar. If a determination period consists of fewer than twelve (12) months, the EGTRRA salary limit will be multiplied by a fraction, the numerator of which is the number of month s in the determination period, and the denominator of which is twelve (12). Fo r purposes of this section, a "Noneligible Member" is any member who first became a member during a plan year commencing on or after July 1, 1996. For plan years beginning on or after July 1, 2002, an y reference in the System to the annual salary limit und er Section 401(a)(17) of the Internal Revenue Code of 1986, as amended, shall mean the EGTRRA salary limit set forth in this provision. RBH No. 5558 Req. No. 5558 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Effective January 1, 2008, gross salary f or a plan year shall also include gross salary, as described above, for service s, but paid by the later of two and one -half (2 1/2) months after a member's severance from employment or the end of the calendar year that includes the date the member terminat ed employment, if it is a payment that, absent a severance from employment, wou ld have been paid to the member while the member continued in employment with the employer. Effective January 1, 2008, any payments not desc ribed above shall not be considered g ross salary if paid aft er severance from employment, even if they are paid by t he later of two and one -half (2 1/2) months after the date of severance from employment or the end of the calendar year that includes the da te of severance from employment, except payments to an indiv idual who does not currently perform services for the em ployer by reason of qualified military service within the meaning of Section 414(u)(5) of the Internal Revenue Code of 1986, as amended, to the extent these payments do not exceed the amounts the indi vidual would have received if the individual had continu ed to perform services for the employer rather than entering qualified military service. Effective January 1, 2008, back pay, within the mea ning of Section 1.415(c)-2(g)(8) of the Income Tax Regulatio ns, shall be treated as gross salary for the limitation year to which the back RBH No. 5558 Req. No. 5558 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 pay relates to the extent the back pay represents wages and compensation that would otherwise be included in this def inition. Effective for years beginnin g after December 31, 20 08, gross salary shall also include differential wage pa yments under Section 414(u)(12) of the Internal Revenue Code of 1986, as amended; 10. "Credited service" means the period of service used t o determine the amount of benefits pa yable to a member. Cre dited service shall consist of the period during which t he member participated in the System or the predecessor Plan as an active employee in an eligible membership classification, plus any servic e prior to the establishment of the p redecessor Plan which w as credited under the predecessor Plan and for law enfor cement officers and criminalists of the Oklahoma State Bureau of Investigation and the Oklahoma State Bureau of Narcotics and Dangerous Drug s Control who became members of the S ystem on July 1, 1980, any service credited under the Oklahoma Public Employees Retirement System as of June 30, 1980, and for members of the Communications and Lake Patrol Divisions of the Oklahoma Department of Public Safety, who became members of the System on July 1, 1981, a ny service credited under the predecessor Plan or the Ok lahoma Public Employees Retirement System as of June 30, 1981, and for law enforcement officers of the Alcoholic Beverage Laws Enforcement C ommission who became members of the System on July 1, 1982, any service credited under the Oklahoma Public Employees Retirement System as of June 30, 1982, and for park RBH No. 5558 Req. No. 5558 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 rangers of the Oklahoma Tourism and Recreation Department who became members of the System on July 1, 1985, any service cred ited under the Oklahoma Public Employees Retirement System as of June 30, 1985, and for inspectors of the Oklahoma State Board of Pharmacy who became members of the System on July 1, 1986, any service credited under the Oklahoma Public Employees Retirement System as of June 30, 1986, for law enforcement officers of the Oklahoma Capit ol Patrol Division of the Department of Public Safety who became members of the System effective July 1, 1993, any service credited under th e Oklahoma Public Employees Retiremen t System as of June 30, 1993, and for all commissioned officers in the Gunsmith /Ammunition Reloader Division of the Department of Public Safety who became members of the System effective July 1, 1994, any service credit ed under the Oklahoma Public Employee s Retirement System as of June 30, 1994, and for the park managers or park supe rvisors of the Oklahoma Tourism and Recreation Department who were employed in such a position prior to July 1, 1985, and who elect to becom e members of the System effective September 1, 1996, any ser vice transferred pursuant to subsection C of Section 2 -309.6 of this title and any service purchased pursuant to subsection B of Section 2 -307.2 of this title. Effective August 5, 1993, an author ized leave of absence shall include a period of absence purs uant to the Family and Medical Leave Act of 1993; RBH No. 5558 Req. No. 5558 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 11. "Disability" means a physical or mental condition which, in the judgment of the Board, totally and presumably permanently prevents the member from engaging in the usual and custo mary duties of the occupation of the member and thereafter prevents the member from performing the duties of any occupation or service for which the member is qualified by reason of training, education or experience. A person is not under a disability whe n capable of performing a service to the employer, regardless of occupation, providing the salary of the employee is not diminished thereby; 12. "Limitation year" means the year used in applying the limitations of Section 415 of the Internal Revenue Code of 1986, which year shall be the calendar year; 13. "Line of duty" means any action which a member whose primary function is crime control or reduction or enforcement of the criminal law is obligated or authorized by r ule, regulations, condition of employment or service, or law to perform including those social, ceremonial or athlet ic functions to which the member is assigned, or for which the member is compensated, by the agency the member serves; 14. "Personal injury" or "injury" means any traumatic inj ury as well as diseases which are caused by or result from such an injury, but not occupational diseases; 15. "Catastrophic nature" means consequences of an injury that permanently prevent an individual from performing any gainful work; RBH No. 5558 Req. No. 5558 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 16. "Traumatic injury" means a wound or a condition of the body caused by external force includi ng injuries inflicted by bullets, explosives, sharp instruments, blunt objects or other physical blows, chemicals, electricity, climatic con ditions, infectious diseases, radiation and bacteria, but ex cluding stress and strain; and 17. "Beneficiary" means the individual designated by the member on a beneficiary designation form supplied by the Oklahoma Law Enforcement Retirement System, or, if there is no designated beneficiary or if the designated ben eficiary predeceases the member, the estate of the membe r. If the member's spouse is not designated as the sole primary beneficiary, the member 's spouse must sign a consent. SECTION 2. AMENDATORY 74 O.S. 2021, Section 902, is amended to read as fol lows: Section 902. As used in Section 901 et seq. of this title: (1) "System" means the Oklahoma Public Employees Retirement System as established by this act and as it may hereafter be amended; (2) "Accumulated contributions" means the sum of all contributions by a member to the System wh ich shall be credited to the member's account; (3) "Act" means Sections 901 to 932, inclusive, of this title; RBH No. 5558 Req. No. 5558 Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (4) "Actuarial equivalent" means a deferred income benefit of equal value to the accumulated deposits o r benefits when computed upon the basis of the actuarial tables in use by the System; (5) "Actuarial tables" means the actuarial tables approved and in use by the Board at any given time; (6) "Actuary" means the actuary or firm of actuaries employed by the Board at any given time; (7) "Beneficiary" means any person named by a member to receive any benefits as provided for by Section 901 et seq. of this ti tle. If there is no beneficiary livi ng at time of member em ployee's death, the member's estate shall be the beneficiary; (8) "Board" means the Oklahoma Public Employees Retirement System Board of Trustees; (9) "Compensation" means all salary and wages, as defined by the Board of Trustees, including amounts defer red under deferred compensation agreement s entered into between a member and a participating employer, but exclusive of payment for overtime, payable to a member of the System for personal service s performed for a participating emplo yer but shall not inclu de compensation or reimbursement for trav eling, or moving expenses, or any compens ation in excess of the maximum compensation level, provided: (a) For compensation for service prior to January 1, 1988, the maximum compensation level shall be Twenty-five Thousand Dollars ($25,000.00) per annum. RBH No. 5558 Req. No. 5558 Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 For compensation for service on or after Ja nuary 1, 1988, through June 30, 1994, the maximum compensation level shall be Forty Thousand Dollars ($40,000.00) per annum. For compensation for servi ce on or after July 1, 1994, through June 30, 1995, the maximum compensation level shall be Fifty Thousan d Dollars ($50,000.00) per annum; for compensation for service on or after July 1, 1995, through June 30, 1996, th e maximum compensation level shall be Sixty Thousand Dollars ($60,000.00) per annum; for compensation for service on or after July 1, 1996, th rough June 30, 1997, the maximum compensation level shall be Seventy Thousand Dollars ($70,000.00) per annum; and for compensation for service on or af ter July 1, 1997, throu gh June 30, 1998, the maximum compensatio n level shall be Eighty Thousand Dollars ($80,000.00) per annum. For compensation for services on or after July 1, 1998, there shall be no maximum compens ation level for retirement purposes. (b) Compensation for retirement purposes shall include any amount of elective salary reduction under Sect ion 457 of the Internal Revenue Code of 1986 and any amount of RBH No. 5558 Req. No. 5558 Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 nonelective salary reduction under Section 414(h) o f the Internal Revenue Code of 1986. (c) Notwithstanding any provision to the contrary, the compensation taken into account for any employee i n determining the contribution or benefit accruals for any plan year is limited to the annual compensation limit under Section 401(a)(17) of the federa l Internal Revenue Code. (d) Current appointed members of the Ok lahoma Tax Commission whose salary is con stitutionally limited and is less than the highest salary allowed by law for his or her position shall be allowed, within ninety (90) days from the eff ective date of this act , to make an election to use the highest salary allowed by law for the position to which the member was appointed for the purposes of making contributions and determination of retirement benefits. Such election shall be irrevocable and be in writing. Rea ppointment to the same office shall not p ermit a new election. Members appointed to the Oklahoma Tax Commission after the effective date of this act shall make such election, pursuant to this sub paragraph, within ninety (90) days of taking office; RBH No. 5558 Req. No. 5558 Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (10) "Credited service" means the sum of partic ipating service, prior service and electe d service; (11) "Dependent" means a parent, child, or spouse of a member who is dependent upon the member for at least one-half (1/2) of the member's support; (12) "Effective date" means the date upon which the Sy stem becomes effective by operation of la w; (13) "Eligible employer" means the state and any county, county hospital, city or town, conservation districts , circuit engineering districts and any public or private tr ust in which a county, city or town participates and is the primary beneficiary, i s to be an eligible employer for the purpose of this act only, whose employees are covered by Social Security and are not covered by or eligible for another retirement plan a uthorized under the laws of this state which is in operation on the initial entry date. Emergency medical service districts may join the System upon proper application to the Board. Provided aff iliation by a county hospital shall b e in the form of a resolution adopted by the board of control. (a) If a class or several classes of emplo yees of any above-defined employers are covered by Social Security and are not covered by or eligible for and will not become eligible for another reti rement plan authorized under the laws of this state, which is in operation on the effective date, such em ployer shall be deemed an RBH No. 5558 Req. No. 5558 Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 eligible employer, but only with respect to that class or those classes of employees as defined in this section. (b) A class or several classes of e mployees who are covered by Social Securi ty and are not covered by or eligible for and will not become eligible for another retirement plan authorized under the laws of this state, which is in ope ration on the effective date, and when the qualifications fo r employment in such class or classes are set by state law; and when such class or classes of employees are employed by a county or municipal government pursuant to such qualifications; and when t he services provided by such employees are of such nature th at they qualify for matching by or contri butions from state or federal funds administered by an agency of state government which qualifies as a participating employer, then the agency of state government administering the state or federal funds shall be de emed an eligible employer, but only with respect to that class or those classes of employees as defined in this subsection; provided, that the required contributions to the retirement plan may be withheld from the contributions of st ate or federal funds administered by the state agency and RBH No. 5558 Req. No. 5558 Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 transmitted to the System on the same basis as the employee and employer contributions are transmitted for the direct employees of the state agency. The retirement or eligibility for retirement und er the provisions of law providing pensions for service as a volunteer firefighter shall not render any p erson ineligible for participation in the benefits provided for in Section 901 et seq. of this title. An employee of any public or private trust in wh ich a county, city or town participates and is the primary benef iciary shall be deemed to be an eligible employee for the purpose of this act only. (c) All employees of the George Nigh Rehabilitation Institute who elected to retain membership in the System, pursuant to Section 9 13.7 of this title, shall continue to be eligible employees for the purposes of this act. The George Nigh Rehabilitation Institute shall be considered a participating employer only for such employees. (d) All employees of CompSource Mutual Insurance Compa ny who retain membership in the Oklahoma Public Employees Retirement System pursua nt to Section 913.9 of this title shall continue to be eligible employees for the purposes of the Oklahoma Public Employees Retirement RBH No. 5558 Req. No. 5558 Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 System. CompSource Mutual Insurance Co mpany shall be considered a participating employer only for such employees. (e) All employees of a successor organization, as defined by Section 5-60.12 of Title 2 of the Oklahoma Statutes, who retain membership in the Oklahoma Publi c Employees Retirement System pursuant to Section 5 - 60.35 of Title 2 of the Oklahoma Statutes shall continue to be eligible employees for the purposes of the Oklahoma Public Employees Retirement System. A successor organization shall be considered a participating employer only for such employees. (f) A participating employer of the Teachers' Retirement System of Oklahoma, who has one or more employees who have made an election pursuant to enabling legislation to retain membership in the System as a result of change in administra tion, shall be considered a participating employer of the Oklahoma Public Employees Retirement System only for such employees; (14) "Employee" means any officer or employee of a participating employer, whose employment is not season al or temporary and whose employment requires at least one thous and (1,000) hours of work per year and wh ose salary or wage is equal to the hourly rate of the monthly minimum wage for state employees. RBH No. 5558 Req. No. 5558 Page 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 For those eligible employers outlined in Section 910 o f this title, the rate shall be equal to the hourly rate of the monthly minimum wage for that employer. Each employer, whose minimum wage is less than the state's minimum wage, shall inform the System of the minimum wage for that employer. This notificat ion shall be by resolution of the governing body. (a) Any employee of the county extension agents who is not currently participating in the Teachers ' Retirement System of Oklahoma shall be a member of this System. (b) Eligibility shall not include any empl oyee who is a contributing member of the United States Civil Ser vice Retirement System. (c) It shall be mandatory for an officer, appointee or employee of the office of district attorney to become a member of this Syste m if he or she is not currently participating in a county re tirement system. Provided further, that if an officer, appointee or employee of the office of district attorney is currently participating in such county retirement system, he or she is ineligible for this System as long as he or sh e is eligible for such county retirement system. Any eligible officer, appointee or employee of the offi ce of district attorney shall be given credit for prior service as defined in this section. The provisions RBH No. 5558 Req. No. 5558 Page 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 outlined in Section 917 of this title shall apply to those employees who have previously withdrawn their contributions. (d) Eligibility shall also n ot include any officer or employee of the Oklahoma Employment Security Commission, except for those officers and e mployees of the Commission electing t o transfer to this Syst em pursuant to the provisions of Section 910.1 of this title or any other class of officers or employees specifically exempted by the laws of this state, unless there be a consolidation as provide d by Section 912 of this title. Empl oyees of the Oklahoma Employment Security Commission who are ine ligible for enrollment in the Employment Security Commission Retirement Plan, that was in effect on January 1, 1964, shall become members of this System. (e) Any employee employed by the Legis lative Service Bureau, State Senate or House of Representatives for the full duration of a regular legisl ative session shall be eligible for membership in the System regardless of classification as a temporary employee and may participate in the System dur ing the regular legislative session at the option of the employe e. For purposes of this subparagraph, th e determination RBH No. 5558 Req. No. 5558 Page 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 of whether an employee is employed for the full duration of a regular legislative session shall be made by the Legislative Service Bure au if such employee is employed by the Legislative Service Bureau, the State Senate if such employee is e mployed by the State Senate, or by the House of Representatives if such employee is employed by the House of Representatives. Each regular legislative session during which t he legislative employee or an employee of the Legislative Service Bureau participates full time shall be counted as six (6) months of full-time participating service. (i) Except as otherwise provi ded by this subparagraph, once a temp orary session employee makes a choice to participate or not, the choice shall be binding for all future l egislative sessions during which the employee is employed. (ii) Notwithstanding the provisions of division (i) of this subparagraph, any employee, who is eligible for membership in the System because of the provisions of this subparagraph and who was employed by the State Senate or House of Representatives after January 1, 1989, may file an election, in a manner speci fied by the Board, RBH No. 5558 Req. No. 5558 Page 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 to participate as a member of the System prior to September 1, 1989. (iii) Notwithstanding the provisions of division (i) o f this subparagraph, a temporary legislative session employee who elected to become a member of the System may wit hdraw from the System effective the day said employee electe d to participate in the System upon writt en request to the Board. Any such reques t must be received by the Board prior to October 1, 1990. All employee contributions made by the temporary legisl ative session employee shall be retur ned to the employee without interest within four (4) months of receipt of the written request. (iv) A member of the System who did not initially elect to participate as a member of the System pursuant to this subparagra ph shall be able to acquire service performed as a temporary legislative session employee for periods of service performed prior to the date u pon which the person became a member of the System if: a. the member files an election with the System not later than December 31, 2000, to purchase the prior service; and RBH No. 5558 Req. No. 5558 Page 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 b. the member makes payment to the System o f the actuarial cost of the service credi t pursuant to subsection A of Section 913.5 of this title. The provisions of Section 913.5 of this title shall be applicable to the purchase of the service credit, including the provisions for determining service credit in the event of incomplete payment due to cessation of payments, death, termination of employment or retirement, but the payment may extend for a per iod not to exceed ninety-six (96) months; (15) "Entry date" means the date on which an eligible empl oyer joins the System. The first entry d ate pursuant to Section 901 et seq. of this title shall be January 1, 1964; (16) "Executive Director" means the managing officer of the System employed by the Board under Se ction 901 et seq. of this title; (17) "Federal Internal Revenue Code " means the federal Internal Revenue Code of 1954 or 1986, as amended and as applicable to a governmental plan as in effect on July 1, 1999; (18) "Final average compensation" means the average annual compensation, including amo unts deferred under deferred compensation agreements entered into between a member and a participating RBH No. 5558 Req. No. 5558 Page 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 employer, up to, but not exceeding the maximum compe nsation levels as provided in paragra ph (9) of this section received during the highest three (3) of the last ten (10) years of participating service immediately preceding retirement or termination of employment and with respect to members whose first part icipating service occurs on or after July 1, 2013, the compe nsation received during the highest five (5) of the last ten (10) years of participating service immediately preceding retirement or termination of employment. Provided, no member shall retire wi th a final average compensation unles s the member has made t he required contributions on such compens ation, as defined by the Board of Trustees; (19) "Fiscal year" means the period commencing July 1 of any year and ending June 30 of the next year. The fi scal year is the plan year for purpos es of the federal Inter nal Revenue Code; however, the calendar y ear is the limitation year for purposes o f Section 415 of the federal Internal Revenue Code; (20) "Fund" means the Oklahoma Public Employees Retirement Fu nd as created by Section 901 et seq. of this title; (21) "Leave of absence" means a period of absenc e from employment without pay, authorized and approved by the employer and acknowledged to the Board, and which after the effective date does not exceed two (2) years; RBH No. 5558 Req. No. 5558 Page 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (22) "Member" means an eligible employee or el ected official who is in the System and i s making the required employee or elected official contributions, or any former employee or elected official who shall have made the required contributions to the System and shall have not received a refund or withd rawal; (23) "Military service" means service in the Armed Forces of the United States by an honorably discharged person during the following time periods, as reflected on such person 's Defense Department Form 214, not to exceed five (5) years for combined participating and/or prior service, as f ollows: (a) during the following periods, including the beginning and ending dates, and only for the periods served, from: (i) April 6, 1917, to November 1 1, 1918, commonly referred to as World War I, (ii) September 16, 1940, to December 7, 1941, as a member of the 45th Division, (iii) December 7, 1941, to December 31, 1946, commonly referred to as World War II, (iv) June 27, 1950, to January 31, 1955, commo nly referred to as the Korean Conflic t or the Korean War, (v) February 28, 1961, to May 7, 1975, comm only referred to as the Vietnam era, exce pt that: RBH No. 5558 Req. No. 5558 Page 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a. for the period from February 28, 1961, to August 4, 1964, military service shall only include service in the Republic of Vietnam during that period, and b. for purposes of determining eligibility for education and training benefits, such period shall end on December 31, 1976, or (vi) August 1, 1990, to December 31, 1991, commonly referred to as the Gulf Wa r, the Persian Gulf War, or Operation Desert Storm, but excl uding any person who served on active dut y for training only, unless discharged fr om such active duty for a service-connected disability; (b) during a period of war or combat military operation other than a conflict, war or era liste d in subparagraph (a) of this paragraph, beginning on the date of Congressional authorization, Congressio nal resolution, or Executive Order of the President of the United States, for the use of the Armed Forces of the United States in a war or combat milit ary operation, if such war or combat military operation lasted f or a period of ninety (90) days or more, for a person who served, and only for the period served, in the area of responsibility of the war or combat milita ry RBH No. 5558 Req. No. 5558 Page 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 operation, but excluding a person who served on active duty for training only, unless discharged f rom such active duty for a service -connected disability, and provided that the burden of proof of military service during this period shall be with the mem ber, who must present appropriate doc umentation establishing such service. An eligible member under t his paragraph shall include only those persons who shall have served during the times or in the areas prescribed in this paragraph, and only if such person provides appropriate documentation i n such time and manner as required by the System to establish su ch military service prescribed in this paragraph, or for service pursuant to subdivision a of division (v) of subparagraph (a) of this paragraph those pers ons who were awarded service medals, as authorized by the Un ited States Department of Defense as reflected in the veteran's Defense Department Form 214, related to the Vietnam Conflict for service prior to August 5, 1964; (24) "Normal retirement date " means the date on which a member may retire with full retiremen t benefits as provided in Section 901 et seq. of this title, such date being which ever occurs first: (a) the first day of the month coinciding with or following a member's: RBH No. 5558 Req. No. 5558 Page 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) sixty-second birthday with respect to members whose first participating service occurs prior to November 1, 2011, or (2) sixty-fifth birthday with respect to mem bers whose first participating service occurs on or after November 1, 2011, or with respect to members whose first participating service occurs on or after November 1, 2011, reaches a minimum age of sixty (60) years and who also reaches a normal retirement date pursuant to subparagraph c of this paragraph, (b) for any person who initially became a member prior to July 1, 1992, and who does not reach a no rmal retirement date pursuant to division (1) of subparagraph (a) of this paragraph, the first day of the month coinciding with or following the date at which the sum of a member 's age and number of years of credited service total eighty (80); such a norma l retirement date will also apply to any person who became a member of the sending system as defined in Section 901 et seq. of this title, prior to July 1, 1992, regardless of whether there were breaks in service after July 1, 1992, RBH No. 5558 Req. No. 5558 Page 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (c) for any person who became a member after J une 30, 1992, but prior to November 1, 20 11, and who does not reach a normal retir ement date pursuant to division (1) of subparagraph (a) of this paragraph, the first day of the month coinciding w ith or following the date at which the sum of a member's age and number of years of credited service total ninety (90), (d) in addition to subparagraphs (a), (b) and (c) of this paragraph, the first day of the month coinciding with or following a member 's completion of at least twenty (20) years of full-time-equivalent employment as: (i) a correctional or probation and parole officer with the Department of Corrections whose first participating service occurs prior to November 1, 2024, and at the time of retirement, the m ember was a correctional or probation and parole officer with the Department of Corrections, or (ii) a correctional officer, pro bation and parole officer or fugitive apprehension agent with the Department of Corrections who is in such position on June 30, 2004, but prior to November 1, 2024, or who is hired after June 30, 2004, but prior to November 1, 2024, and who receives a prom otion or change in job classification after June 30, 2004, RBH No. 5558 Req. No. 5558 Page 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 to another position in the Dep artment of Corrections, so long as such officer or agent has at least five (5) years of service as a correctional officer, probatio n and parole officer or fugitive app rehension agent with the Department, has twenty (20) years of full -time- equivalent employment with the Department and was employed by the Department at the time of retirement, or (iii) a firefighter with the Oklahoma Mil itary Department either employed for the first time on or after July 1, 2002, or who was employed prior to July 1, 2002, in s uch position and who makes the election authorized by division (2) of subparagraph b of paragraph (9) of su bsection A of Section 915 of this title and at the time of retirement, the member was a firefighter with the Oklahoma Military Department, and such m ember has at least twenty (20) years of credited service upon which the two and one-half percent (2 1/2%) multiplier will be used i n calculating the retirement benefit, or RBH No. 5558 Req. No. 5558 Page 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (iv) a public safety officer employed by the Grand River Dam Authority for the first time on or July 1, 2016, or (v) a deputy sheriff or jailer em ployed by any county that is a participating employer in the System for the first time as a deputy sherif f or jailer on or after November 1, 2020, (e) for those fugitive apprehension agents who retire on or after July 1, 2002, but prior to November 1, 2024 , the first day of the month coinciding with or following a member's completion of at least twenty (20) years of full-time-equivalent employment as a fugitive apprehension agent with the Department of Corrections and at the t ime of retirement, the member was a fugitive apprehension agent with t he Department of Corrections, or (f) for any member who was contin uously employed by an entity or institution within The Oklahoma State System of Higher Education and whose initial emplo yment with such entity or insti tution was prior to July 1, 1992, and who without a break in service of more than thirty (30) days became employed by an employer participating in the Oklahoma Public Employees Retirement System, the first day of the month co inciding with or RBH No. 5558 Req. No. 5558 Page 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 following the date at which the sum of the member 's age and number of years of cred ited service total eighty (80); (25) "Participating employer " means an eligible employer who has agreed to make contributions to the System on behalf of it s employees; (26) "Participating service" means the period of employm ent after the entry date for w hich credit is granted a member; (27) "Prior service" means the period of employment of a member by an eligible employer prior to the member 's entry date for which credit is granted a me mber under Section 901 et seq. of this title; (28) "Retirant" or "retiree" means a member who has retire d under the System; (29) "Retirement benefit" means a monthly income with benefits accruing from the first day of the m onth coinciding with or following retirement and ending on the last da y of the month in which death occurs or the actuarial equivalent t hereof paid in such manner as specified by the member pursuant to Section 901 et seq. of this title or as otherwise allo wed to be paid at the discretio n of the Board; (30) "Retirement coordinator" means the individual d esignated by each participating empl oyer through whom System transactions and communication shall be directed; RBH No. 5558 Req. No. 5558 Page 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (31) "Social Security" means the old-age survivors and disability section o f the Federal Social Security Act; (32) "Total disability" means a physical or mental disability accepted for disability benefits by the Federal Social Security System; (33) "Service-connected disability benefits " means military service benefits which ar e for a service-connected disability ra ted at twenty percent (20%) or more by the Veterans Administration or the Armed Forces of the United States; (34) "Elected official" means a person elected to a state office in the legislative or executive branch of state government or a person elected to a county office for a definit e number of years and shall include an individual who is appointed to fill the unexpired term of an elected state official; (35) "Elected service" means the period of service as an elected official; (36) "Limitation year" means the year used in applying the limitations of Section 415 of th e Internal Revenue Code of 1986, which year shall be the calendar year; and (37) "Public safety officers of the Grand River Dam Authority" means those persons hired by the Grand River Dam Authority on or after the effective date of this act who are certif ied by the Council on Law Enforcement Education and Training or an equivalent certifying entity for law enforcement per sonnel training and who RBH No. 5558 Req. No. 5558 Page 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 perform law enforcement functions as part of t heir regularly assigned duties and responsibilities on a full -time basis. With respect to any public safety officer hired by the Grand River Dam Authority on or after the effective date of this act, any earned benefits or credits toward retirement benefit s from previous participation within the Oklahoma Public Employees Retirement System or the Oklahoma Law Enforcement Retirement System shall remain within that system. SECTION 3. AMENDATORY 74 O.S. 2021, Section 915, is amended to read as follows: Section 915. A. (1) Except as otherwise provid ed in this subsection and as provided for elected officials in Section 913.4 of this title, any member who s hall retire on or after the member 's normal retirement date shall be ent itled to receive an annual retirement benefit equal to two percent (2%) of t he member's final average compensation as determined pursuant to paragraph (18) of Section 902 of this title , multiplied by the number of years of credited service that has been cr edited to the member in accordance with the provisions of Section 913 of thi s title other than years credited pursuant to paragraph (2) of this subsection. (2) Effective January 1, 20 04, except as otherwise provided for elected officials in Section 913.4 of this title and except for those members making contributions pursuant to paragraphs (c), (d), (e) and (f) of subsection (1) of Section 919.1 of this tit le, any RBH No. 5558 Req. No. 5558 Page 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 member who shall reti re shall be entitled to receive an annu al retirement benefit equal to tw o and one-half percent (2 1/2%) of the member's final average compensation a s determined pursuant to paragraph (18) of Section 902 of this title, multiplie d by the number of full years of participating service after January 1, 2004, that have been credited to the member in accordance with the provisions of Section 913 of this titl e and only for those full years of participating service for which contribution s have been made pursuant to paragraph (g) of subsection (1) of Sect ion 919.1 of this title. The two and one-half percent (2 1/2%) multiplie r shall not apply to purchased servi ce, purchased or granted military service or transferred service. In order to receive the two and one-half percent (2 1/2%) multiplier in computin g retirement benefits, an active member shall make an irrevocable written election to pay the contributions p ursuant to paragraph (g) of subsection (1) of Section 919.1 of this title. The two and one-half percent (2 1/2%) multiplier pursuant to this parag raph shall not apply to additional years of service credit attributed to sick leave pursuant to paragraph 7 o f subsection B of Section 913 of this title and fractional years pursuant to su bsection C of Section 913 of this title and shall be attributable on ly to the participating service credited after the election of the member . (3) The minimum final average com pensation for any person who becomes a member of the System on or after July 1, 1995: RBH No. 5558 Req. No. 5558 Page 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a. and who had twenty (20) or more years of credited service within the System as of the membe r's retirement date shall be no less tha n Thirteen Thousand Eight Hundred Do llars ($13,800.00) per annum, b. and who had at least fifteen (15) but not more than nineteen (19) years of credited service within the System as of the member's retirement date sh all be no less than Six Thousand Nine Hu ndred Dollars ($6,900.00) per annum, c. and who had less than fifteen (15) years of credited service within the Sys tem as of the member's retirement date shall not be eligible for any minimum amount of final average compensation and the member's final average compensation shall be the final average compensation as defined by paragraph (18) of Section 902 of this title. (4) Provided, further, any member who has elected a vested benefit pursuant to Section 917 of this title shall be entitled to receive benefits as outlined in this section exce pt the percent factor and the member 's maximum compensation level in effect the date the member's employment was terminated with a participating employer shall be applicable. (5) Any member who is a correctional officer or a probation and parole officer employed by the Department of Corrections at the time RBH No. 5558 Req. No. 5558 Page 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 of retirement and who retires on or before June 30, 2000, shall be entitled to receive an annu al retirement benefit equal to tw o and one-half percent (2 1/2%) of the f inal average compensation of the member not to exceed Twenty -five Thousand Dollars ($25,000.00) and two percent (2%) of the final average salary in excess of Twenty- five Thousand Dollars ($25,000.00) but not exceedin g the maximum compensation level as prov ided in paragraph (9) of Section 902 of this title, multiplied by the number of years of service as a correctional officer or a probation and pa role officer; provided, any years accrued prior to July 1, 1990, as a co rrectional officer or a probation and pa role officer by a member who is empl oyed as a correctional officer or a probation and parole officer on July 1, 1990, shall be calculated for re tirement purposes at two and one - quarter percent (2 1/4%) of the final a verage compensation of the member not to exceed Twenty-five Thousand Dollars ($25,000.00) and two percent (2%) of the final average salary in excess of Twe nty- five Thousand Dollars ($2 5,000.00) but not exceeding the maximum compensation level as provided i n paragraph (9) of Section 902 of this title, multiplied by the number of ye ars of such service and any years in excess of twenty (20) years as such an off icer or years credited to the member in accordance with the provisio ns of Section 913 of this title shall be calculated for retirement purpos es at two percent (2%) of the final average compensation of the member multiplied by the number of years of such se rvice. Any person who RBH No. 5558 Req. No. 5558 Page 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 contributes to the System as a correctional o fficer or a probation and parole officer as provided in paragraph (b) or (c) of subsection (1) of Section 919.1 of this title, on or before June 30, 2000, but who does not make such contri butions after June 30, 2000, and who does not qualify for normal ret irement under subparagraph (c) of paragraph (24) of Section 902 of this t itle shall have retirement benefits for each year of full -time-equivalent participating service as a correctional or a probation and parole offi cer after July 1, 1990, computed on two and one-half percent (2 1/2%) of the final average compensation based up on those years as a correctional officer or a probation and parole officer. Provided, further, any fugitive apprehension agent shall be entitle d to receive benefits as outlined in this act for service as a fugitive apprehension agent prior to July 1, 2002 , only upon payment to the System of the employee contributions which would have been paid if such fugitive apprehension agent had been covered by this section prior to the effective date of this act, plus interest o f not to exceed ten percent (10%) as det ermined by the Board. The Departmen t of Corrections may make the employee contribution and interest payment on behalf of such member. (6) Any member who is a correctional officer, a probation and parole officer or a fugitive apprehension agent employed b y the Department of Corrections at t he time of retirement whose first participating service occurs prior to Novembe r 1, 2024, and who RBH No. 5558 Req. No. 5558 Page 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 retires on or after July 1, 2002, shall be entitled to receive an annual retirement benefit equal to two and one-half percent (2 1/2%) of the final average compensation of the member, but not exceeding the maximum compensation level as p rovided in paragraph (18) of Section 902 of this title, multiplied by the number of years of service as a correctiona l officer, a probation and parole officer or a fugitive apprehension agent, and any years in excess of twenty (20) years as such an officer or agent, or years credited to the member in accordance with the provisions of Section 913 of this title, shall be calculated for retirement purposes at two percent (2%) of the final average compensation of the member multiplied by the number of years of such service. For purposes o f this paragraph, "final average compensation " shall be determined by computing the average annual salary, in the manner prescribed by paragraph (18) of Section 902 of this title, for the highest three (3) years of the last ten (10) years of participating service immediately preceding retirement or termination of employment for all years of service performed by such member, both for years of service performed as a correctional officer, probation and parole officer or fugitive ap prehension agent, not in exce ss of twenty (20) years, and for years of service performed in excess of twenty (20) years, whether as a correctional officer, probation and parole officer, fugitive apprehension agent or other position unless the computation of benefits would result in a lower retirement benefit RBH No. 5558 Req. No. 5558 Page 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 amount than if final average compensation were to be computed a s otherwise provided by this paragraph. "Final average compensation" shall be determined by computing the average annual salary for the highest five (5) of the last te n (10) years of participating service immediately preceding retirement or termination of employment, with respect to members whose first par ticipating service occurs on or after July 1, 2013. (7) Any member who is a correction al officer, a probation and parole officer or a fugitive apprehension agent who has at least five (5) years of servic e as a correctional officer, a probation and parole officer or a fugitive apprehension agent who is in such position on June 30, 2004, and whose first participating ser vice occurs prior to November 1, 20 24, or who is hired after June 30, 2004, but prior to November 1, 2024, in such position, and who receives a promotion or change in job classification after June 30, 2004, to another position in the Department of Corrections, and who is employed by the Department of Corrections at the time of retirement and who retires on or after July 1, 2004, shall be entitled to receive an annual retirement benefit equal to two and one-half percent (2 1/2%) of the final average compensation of the member, but not exceeding the maximum compensation level as provided in paragraph (18) of Section 90 2 of this title, multiplied by the number of years of service with the Department of Corrections a nd any years in excess of twenty (20) years with the Department or RBH No. 5558 Req. No. 5558 Page 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 years credited to the member in accordance with the provisions of Section 913 of this title , shall be calculated for retirement purposes at two percent (2%) of the final average compensatio n of the member multiplied by the number of years of such service. For purposes of this paragraph, "final average compensation " shall be determined by comput ing the average annual salary, in th e manner prescribed by paragraph (18) of Section 902 of this t itle, for the highest three (3) years of the last ten (10) years of participating service immediately preceding retirement or terminat ion of employment for all years of service performed by such member with the Department. "Final average compensation " shall be determined by computing the average annual salary for the highest five (5) of the last ten (10) years of participating service i mmediately preceding retirement or termination of employment , with respect to members whose first participating service oc curs on or after July 1, 2013. (8) Any person who contributed to the System as a correctional officer, a probation and parole officer or a fugitive apprehens ion agent as provided in paragraph ( b) or (c) of subsection (1) of Section 919.1 of this title, whose first participating service occurs prior to November 1, 2024, and who retires under normal retirement or early retirement on or af ter January 1, 2004, under paragraph (24) of Section 902 of this title, and any public safety officer described by paragraph (37) of Sectio n 902 of this title hired on or after the effective date of this act by the Grand Ri ver RBH No. 5558 Req. No. 5558 Page 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Dam Authority and who retires on or after the effecti ve date of this act, shall have reti rement benefits for each year of full -time- equivalent participating service as a correctional officer, a probation and parole offi cer or a fugitive apprehension ag ent, or Grand River Dam public sa fety officer computed on two and one-half percent (2 1/2%) of the final average compensation based upon those years as a correctional offic er, a probation and parole of ficer, a fugitive apprehension agent or a Grand River D am public safety officer. For purposes of this paragraph , "final average compensation" shall be determined by computing the average annual salary, in the manner prescribed by paragraph (18) of Section 902 of this title, for the highest three (3) years of the last ten (10) years of participating service immediat ely preceding retirement or termination of employment for all years of service performed by such member, both for years of service performed as a correctional officer, probation and parole officer or fugitive apprehension agent, or years of service perform ed as a Grand River Dam public safety officer, not in excess of twenty (20) years, and for years of service performed in excess of twenty (20) y ears, whether as a correctional officer, probation and parole officer, fugitive apprehension agent, Grand River Dam public safety officer, or other position unless the computation of benefits would result in a lower retirement benefit amount than if final average compensation w ere to be computed as otherwise p rovided by this paragraph. "Final average RBH No. 5558 Req. No. 5558 Page 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 compensation" shall be determined by computing the average annual salary for the highest five (5) of the last ten (10) years of participating service immediat ely preceding retireme nt or termination of employment, with respect to members whose fir st participating service occurs on or after July 1, 2013, or with respect to Grand River Dam public safety officers whose first participating service occurs on or after the effective date of this act. (9) Any member who is : a. initially on or after July 1 , 2002, employed as a firefighter for the Oklahoma Military Department and who retires on or after the member 's normal retirement date shall be entitled to receive an a nnual retirement benefit equal to two and one -half percent (2 1/2%) of the final average compensation of the mem ber multiplied by the number of year s of service in such service, b. (1) a firefighter who performs firefighting se rvices for the Oklahoma Milit ary Department prior t o July 1, 2002, and who makes an election in writing on a form pre scribed for this purpose by the System not later than Decemb er 31, 2002, shall be entitled to receive a retirement benefit based upon two and one-half percent (2 1/2%) of RBH No. 5558 Req. No. 5558 Page 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the final average compensation of the member multiplied by the number of years of ser vice as a firefighter with the Oklahoma Military Department on or after July 1, 2002. The election authorized by this subdivision shall be irrevocable once the electio n is filed with the System, (2) a firefighter who perfo rms firefighting services for the Oklahoma Military Depar tment prior to July 1, 2002, and who makes the election in division (1) of this subparagraph may also make an election in writing on a form pres cribed for this purpose by the System not later than December 31, 2002, to receive a ret irement benefit based upon two and one-half percent (2 1/2%) of the final average compensation of the member multiplied by the number of ye ars of service as a firefight er with the Oklahoma Military Department prior to July 1, 2002. The election authorized by this subdivision sha ll be irrevocable once the election is filed with the System. Retirement benefits shall be calculated based upon the two and one-half percent (2 1/2%) RBH No. 5558 Req. No. 5558 Page 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 multiplier upon payment being made pursuant to Section 913.5 of this title. (10) Any person who contrib utes to the System as a deputy sheriff or county jailer as provided in paragraph (f) of subsection (1) of Section 919.1 of this title, and who r etires under normal retirement or early retirement unde r division (v) of subparagraph (d) of paragraph (24) of S ection 902 of this title, shall have retirement benefits for each year of full -time-equivalent participating servic e as a deputy sheriff or coun ty jailer computed on two and one-half percent (2 1/2%) of the final average compensation based upon those years as a deputy sheriff or county jailer, and any years in excess of twenty (20) years as a deputy sheriff or county jailer, or years credited to the member in accordance with the provisions of Section 913 of this title, shall be calculated for retirement pur poses at two percent (2%) of the final average compensation of the member multiplied by the number of years of such service. For purposes of this paragraph, "final average compensation" shall be determined by computing the average annual salary, in the ma nner prescribed by paragraph (18) of Section 902 of this title, both for years of service performed as a deputy sheriff or county jailer not in excess of twenty (20) years, and for years of service performed in excess of twenty (20) years, whether as a deputy sheriff or county jailer. RBH No. 5558 Req. No. 5558 Page 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (11) Upon death of a retiree, there shall be paid to his or her beneficiary an amoun t equal to the excess, if any , of his or her accumulated contributions over the sum of all retirement benefit payments made. (12) Such annual retirement benefits shall be paid in equal monthly installments, except that the Board may provide for the payment of retirement benefits whic h total less than Two Hundred Forty Dollars ($240.00) a year on other than a monthly bas is. (13) Pursuant to th e rules established by the Board, a retiree receiving monthly benefits from the System may authorize warrant deductions for any products current ly offered to active s tate employees through the Employ ees Benefits Council, provided th at product is offered to state retirees as a group and has a minimum participation of five hundred state retirees. The System has no responsibility for the marketing, enrolling or administr ation of such products, but shall retain a processing fee of two p ercent (2%) of the gross deductions for the products. Retir ement benefit deductions shall be made for membership dues for any statewide association for which payroll deductions are authoriz ed pursuant to subsection B of Section 34.70 of Title 62 of the Ok lahoma Statutes for retired members of any state -supported retirement system, upon proper authorization given by the member to the board fr om which the member or beneficiary is currently rec eiving retirement benefits. RBH No. 5558 Req. No. 5558 Page 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B. A member shall be considered disab led if such member qualifies for the payment of Social Secur ity disability benefits, or the payment of benefits pursuant to the Railroad Re tirement Act of 1974, Section 231 et seq. of Title 45 of the United States Code, and shall be eligible for benefits h ereunder upon proof of s uch disability, provided such member is an active regularly scheduled employee with a participating employer at the time of injury or inception of illness or disease resulting in subsequent certification of eligibility for Social Se curity disability benefi ts by reason of such injury, illness or disease, providing such disability is certified by the Social Security Admi nistration within one (1) year after the last date physically on the job and after completion of at least eight (8) y ears of participating se rvice or combined prior and particip ating service or resulting in subsequent certification of eligibility of disabi lity by the Railroad Retirement Board providing suc h certification is made by the Railroad Retirement Board within on e (1) year after the las t date physically on the job and aft er completion of at least eight (8) years of participating service or combined prior and participating service. The member shall submit to the Retirement System t he Social Security Award Notice o r the Railroad Retiremen t Award Notice certifying the date o f entitlement for disability benefits, as issued by the Social Security Adminis tration, Department of Health and Human Services or the Railroad Retirement Board. Disability RBH No. 5558 Req. No. 5558 Page 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 benefits shall become effective on the date of entitlement as established by the S ocial Security Administration or the Railroad Retirement Board, but not before the first day of the month following removal from t he payroll, whichever is later, a nd final approval by the Retireme nt System. Benefits sha ll be based upon length of service and compensation as of the date of disability, without actuarial reduction becau se of commencement prior to t he normal retirement date. The only optional form of b enefit payment available for disability benefits is Optio n A as provided for in Section 918 of this title. Option A must be elected in accordance with the provisions of Se ction 918 of this title. Benefit payments shall cease upon the member's recovery from disability prior to the normal retirement date. Futur e benefits, if any, shall be paid based upon length of service and compensation as of the date of disability. In the event that disability ceas es and the member returns to employment within the Syst em credited service to the date of disability shall be re stored, and future benefits shall be determined accordingly. C. A member who incurred a disability pursuant to sub section B of this section on or after July 1, 1999, and who has retired from the System with an early retirement bene fit pending certificatio n from the Social Security Administr ation or the Railroad Retirement Board shall receive a retirement benefit not l ess than the disability retirement benefit provided by subsection B of this RBH No. 5558 Req. No. 5558 Page 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 section once the System receives a Social Security Award Notice o r a Railroad Retirement Award Notice pursuant to subsection B of this section and a completed Application for Disab ility Benefits. In addition, such member shall rec eive the difference, if any, betw een the early retirement benefit and the disability benef it from the date the Social Security Administration or the Railroad Retirement Board establishes disability entitle ment. D. Any actively participating member of the System on or after July 1, 1998, except for those employees provid ed in subparagraph (e) of paragraph (14) of Section 902 of t his title, whose employment is less than full-time, shall have his or her final average compensation calcula ted on an annualized b asis using his or her hourly wage subject to the maximum compensat ion limits; provided, however, any such member whose first p articipating service occurred before July 1, 2013, and who has at least three ( 3) years of full- time employment during the last te n (10) years immediately precedin g termination or retirement shall not be eligible for the annualization provisions contained herein; and provided further, any such member whose first participating service occurred on or after July 1, 2013, and who has at least five (5) years of full -time employment during the last ten ( 10) years immediately pr eceding termination or retirement sh all not be eligible for the annualization provisions contained herein. The Boa rd of Trustees RBH No. 5558 Req. No. 5558 Page 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 shall promulgate such administrative rules as are necessary to implement the provisions of this subsec tion. SECTION 4. AMENDATORY 74 O.S . 2021, Section 916.3, is amended to read as follows: Section 916.3 A. Notwithstanding the provisions of Sections 901 through 932 of this title, a monthly pension, as provide d in subsection B of this section, shall be paid on behalf of any member who is a correctional officer or probation and parole officer of the Department of Corrections and who is killed or mortally wounded on or after January 1, 2000, but prior to November 1, 2024, during the performance of the member's duties for the Department or an y employee of the Department of Corrections who is killed or mortally wounded after June 30, 2004, during the performance of the member 's duties for the Department. The monthly pension describe d in this section shall be paid on behalf of any member first hired by any county that is a participating employer in the System as a deputy sheriff or jailer on or after November 1, 2020, and who is killed or mortally wounded during the performance of the member's duties as a deputy sheriff or jailer. B. The monthly benefit shall be equal to: 1. Two and one-half percent (2 1/2%); 2. Multiplied by twenty (20) years of service, regardl ess of the actual number of years of credited service performed by the member prior to death, if the member had performed less than t wenty RBH No. 5558 Req. No. 5558 Page 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (20) years of credited service, or the actual number of years of credited service of the member if greater than twent y (20) years; 3. Multiplied by the member 's final average compensation ; and 4. Divided by 12. C. The pension provided for in subse ction A of this section shall be paid: 1. Except as provided in subsection D of this section, to the surviving spouse for life; or 2. If there is no surviving spouse or upon the death of the surviving spouse: a. to the surviving child or children of said member or legal guardian of such child or children for such time as such child or children are under the age of eighteen (18) years, or b. to the surviving child or children between the age of eighteen (18) and twenty-two (22) years if the child is enrolled full time in and is regularly attending a public or private school or any institution of higher education. D. No surviving spouse shall receive benefits from this section, Section 49-113 of Title 11 of the Oklahoma Statutes, Section 50-117 of Title 11 of the Oklahoma Statutes, or Section 2 - 306 of Title 47 of the Oklahoma Statutes as the surviving spouse of more than one member of the Oklahoma Firefighters Pension and RBH No. 5558 Req. No. 5558 Page 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Retirement System, the Ok lahoma Police Pension and Retirement System, the Oklahoma Law Enforcement Retirement System, or the Oklahoma Public Employees Retirement System. The surviving spouse of more than one member shall elect which member 's benefits he or she will receive. E. In addition to the pension above provided for, if said member leaves one or more children under the age of eighteen (18) years or under the age of twenty -two (22) years if the child is enrolled full-time in and is regularly attending a public or private school or any institution of higher education, Four Hundred Dolla rs ($400.00) a month shall be paid to the surviving spouse or to the person having the care and custody of such children if there is no surviving spouse or if the surviving spouse dies and until each child reaches the age of eighteen (18) years or reaches the age of twenty-two (22) years if the child is enrolled full -time in and is regularly attending a public or private schoo l or any institution of higher education. F. The pension benefit provi ded in this section shall be made prospectively only from the effective date of this act. The benefits shall be payable beginning the later of the first day of the month following the date that such employee was killed or dies from a mortal wound, as prov ided in this section, or the effective date of this act. RBH No. 5558 Req. No. 5558 Page 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 G. The Board of the Oklahoma Public Employees Retirement System shall promulgate such rules as are necessary to implement the provisions of this section. SECTION 5. AMENDATORY 74 O.S. 2021, Section 919.1, is amended to read as follows : Section 919.1 (1) Employee contributions to the System shall be: (a) for employees except as otherwise pro vided in paragraphs (b), (c), (d), (e), (f) and (g) of this subsection: beginning Jul y 1, 2006, and thereafte r, three and one-half percent (3.5%) of allowable annual compensation; (b) for correctional officers and probation and parole officers employed by the Department of Cor rections prior to November 1, 2024: beginning July 1, 1998, and thereafter, and for correctional officers or probation and parole officers who are in such position on June 30, 2004, but prior to November 1, 2024 , or who are hired after June 30, 2004, but prior to November 1, 2024, and who receive a promotion or change in job classification a fter June 30, 2004, to another position in the Department of Corrections, so long as such officers have at least five (5) years of service as a correctional officer or probation and RBH No. 5558 Req. No. 5558 Page 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 parole officer, eight percent (8%) of allow able compensation as provided i n paragraph (9) of Section 902 of this title; (c) for fugitive apprehension agents who are employed with the Department of Corrections on or after July 1, 2002, but prior to November 1, 20 24, and for fugitive apprehension agents who are in such position on June 30, 2004, or who are hired aft er June 30, 2004, but prior to November 1, 2024 , and who receive a promotion or change in job classification a fter June 30, 2004, to another position in the Department of Corrections, so long as such agents have at least five (5) years of service as a fugitive apprehension agent, eight percent (8%) of allowable compensation as provided in paragraph (9) of Section 902 of this title; (d) for firefighters of the Oklahoma Military Department first employed beginning July 1, 2 002, and thereafter, and such firefighters who performed service prior to July 1, 2002, for the Oklahoma Military Department and who make the election authorized by division (1) of subparagraph b of paragraph (9) of subsection A of Section 915 of this titl e who perform service on or after July 1, 2002, in such capacity, eight percent RBH No. 5558 Req. No. 5558 Page 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (8%) of allowable compensation as provided in subsection (9) of Se ction 902 of this title; (e) for all public safety officers of the Grand River Dam Authority as defined by par agraph (37) of Section 902 of this title, eight percent (8%) of allowable compensation as provided in paragraph (9) of Section 902 of this title; (f) for deputy sheriffs and county jailers employed by any county that is a participat ing employer in the Syst em for the first time as a depu ty sheriff or jailer on or after November 1, 2020, eigh t percent (8%) of allowable compensation as provided in para graph (9) of Section 902 of this title; an d (g) for all employees except those who mak e contributions pursuant to paragraphs (b), (c), (d), ( e) and (f) of this subsection who make an irrevocable w ritten election pursuant to paragraph (2) of subsection A of Section 915 of this title: six and forty -one one- hundredths percent (6.41%) of allow able annual compensation. The contributions required by paragraphs (b), (c), (e), and (f) of this subsection s hall be made by a member for not more than twenty (20) years and thereafter shall be as provided in pa ragraph (a) of this subsection. RBH No. 5558 Req. No. 5558 Page 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (2) Contributions shall be deducted by each state agency by the participating employer for such benefits as the Board is authorized to administer as provided for by law. Employee a nd employer contributions shall be remitte d monthly, or as the Board may otherwise provide, to the Executive D irector for deposit in the Oklahoma Public Employees Retirement Fund. (3) Each participating employer shall pick up under the provisions of Section 414(h)(2) of the Internal Revenue Code of 1986 and pay the contribution which the m ember is required by law to make to the System for all compensation earned after December 31, 1988. Although the contributions so picked up are designated as member contributions, such contributions shall be tre ated as contributions being paid by the part icipating employer in li eu of contributions by the member in determining tax treatment under the Internal Reve nue Code of 1986 and such picked up contributions shall not be includable in the gross income of the m ember until such amounts are distributed or made available to the me mber or the beneficiary of the member. The member, by the terms of this System, shall not have any option to choose to receive the contributions so picked up directly and the picked up co ntributions must be paid by the participating employer to the System . Member contributions which ar e picked up shall be treated in the same manner and to the same extent as member contributions made prior to the date on which member contributions were pick ed up by RBH No. 5558 Req. No. 5558 Page 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the participating employer. Member contributions so picked up shall be included in gross salary for purposes of determining benefits and contributions under the System. The participating employer shall pa y the member contributions from the same source of funds used in paying salary to the member, by effecting an equal cash reduction in gross s alary of the member. (4) By September 1, 1989, the Sys tem shall refund the accumulated employee contributions of a ny member who elects to retain the member's membership in the Teachers ' Retirement System of Oklahoma, in accordance with Section 17 -104 of Title 70 of the Oklahoma Statutes, to such member. Upon the refund of the accumulated employee contributions referr ed to in this subsection, all benefits and rights accrued to such member are terminate d. SECTION 6. This act shall become effecti ve November 1, 2024. 59-1-5558 CMA 01/13/23 THOMAS E. CUMMINS CONSULTING ACTUARY, INC. 2512 E. 71 st Street , Suite D ∙ Tulsa, Oklahoma 74136 (918) 492-9658 ∙ (918) 492- 9659 January16, 2023 Representative Justin Humphrey Room 301 Re: RBH No. 5558 RBH No. 5558 would change the definition of Oklahoma Law Enforcem ent Retirement System eligible employee to include Correction Officer Probation and Parole Officer and Fugitive Appr ehension Agent hired by the Department of Corrections after 10/31/2024. Currently such officers would become participants in OPERS with an increased benefit schedule similar to OLERS benefits. RBH No. 5558 is a fiscal bill as defined by OPLAAA . I am a member of the American Academy of Actuaries and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion herein. Thomas E. Cummins Thomas E. Cummins, MAAA