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Oklahoma House Bill HB2592

Oklahoma 2023 Regular Session

Oklahoma House Bill HB2592 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 59th Legislature (2023)
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3232 HOUSE BILL 2592 By: Humphrey
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3838 AS INTRODUCED
3939
4040 An Act relating to retirement; amending 47 O.S. 2021,
4141 Section 2-300, which relates to the Oklahoma Law
4242 Enforcement Retirement System; m odifying definition;
4343 amending 74 O.S. 2021, Sections 902, 915, 916.3, and
4444 919.1, which relate to the Oklahoma Public Employees
4545 Retirement System; modifying definition; modifying
4646 members who may receive retirement benefit ; modifying
4747 members who may have certain benefits paid upon
4848 death; modifying members who shall pay certain
4949 employee contributions; and providing an effective
5050 date.
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5858 BE IT ENACTED BY THE PEOP LE OF THE STATE OF OKLAHOMA:
5959 SECTION 1. AMENDATORY 47 O.S. 2021 , Section 2-300, is
6060 amended to read as follows:
6161 Section 2-300. As used in Section 2 -300 et seq. of this title:
6262 1. "System" means the Oklahoma Law Enforcement Retirement
6363 System;
6464 2. "Act" means Section 2-300 et seq. of this title;
6565 3. "Board" means the Oklahoma Law Enforcement Retirement Boar d
6666 of the System; RBH No. 5558
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9393 4. "Executive Director" means the managing officer of the
9494 System employed by the Board ;
9595 5. "Fund" means the Oklahoma Law Enforcement Retirement Fund;
9696 6. a. "Member" means:
9797 (1) all commissioned law en forcement officers of the
9898 Oklahoma Highway Patrol Division of the
9999 Department of Public Safety who have obtained
100100 certification from the Council on Law Enforcement
101101 Education and Training, and all cadets of a
102102 Patrol Academy of the Department of Public
103103 Safety,
104104 (2) law enforcement officers and crim inalists of the
105105 Oklahoma State Bureau of Investigation,
106106 (3) law enforcement officers of the Oklahoma Sta te
107107 Bureau of Narcotics and Dangerous Drugs Control
108108 designated to perform duties in the investigation
109109 and prevention of crime and the enforcement of
110110 the criminal laws of this state,
111111 (4) law enforcement officers of the Oklahoma
112112 Alcoholic Beverage Laws Enforc ement Commission
113113 designated to perform duties in the invest igation
114114 and prevention of crime and the enforcement of
115115 the criminal laws of this state, RBH No. 5558
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142142 (5) employees of the Communications Section of the
143143 Oklahoma Highway Patrol Division, radio
144144 technicians and tower technicians of the
145145 Department of Public Safety, who are employed in
146146 any such capacity as of June 30, 2008, and who
147147 remain employed on or after July 1, 2008, until a
148148 termination of service, or until a termination of
149149 service with an election of a vested benefit from
150150 the System, or until retirement. Effective Ju ly
151151 1, 2008, a person employed for the first time as
152152 an employee of the Department of Public S afety in
153153 the Communications Division as an information
154154 systems telecommunication technician of the
155155 Department of Public Safety shall not be a member
156156 of the System,
157157 (6) park rangers of the Oklahoma Tourism and
158158 Recreation Department and any park manager or
159159 park supervisor of the Oklahoma Tourism and
160160 Recreation Department, who was employed in such a
161161 position prior to July 1, 1985, and who elects on
162162 or before September 1, 1996, to participate in
163163 the System, and
164164 (7) inspectors of the Board of Pharmacy , and RBH No. 5558
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191191 (8) a correctional officer, probation and parole
192192 officer or fugitive apprehension agent with the
193193 Department of Corrections whose first creditable
194194 service occurs on or after November 1, 2024.
195195 b. Effective July 1, 1987, a mem ber does not include a
196196 "leased employee" as defined under Section 414(n)(2)
197197 of the Internal Revenue Code of 1986, as amended.
198198 Effective July 1, 1999, any individual who agrees with
199199 the participating employer that the individual's
200200 services are to be perfor med as a leased employee or
201201 an independent contractor shall not be a member
202202 regardless of any classification as a common -law
203203 employee by the Internal Revenue Service or any othe r
204204 governmental agency, or any court of competent
205205 jurisdiction.
206206 c. All persons who shall be offered a position of a
207207 commissioned law enforcement officer as an employee of
208208 one of the agencies described in subparagraph a o f
209209 this paragraph shall participate in the System upon
210210 the person meeting the requisite post-offer-pre-
211211 employment physical examination standards which shall
212212 be subject to the following requirements:
213213 (1) all such persons shall be of good moral
214214 character, free from deformities, mental or RBH No. 5558
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241241 physical conditions, or diseas e and alcohol or
242242 drug addiction which would prohibit the person
243243 from performing the duties of a law enforcement
244244 officer,
245245 (2) the physical-medical examination shall pertain to
246246 age, sight, hearing, agility and other conditions
247247 the requirements of which shall be established by
248248 the Board,
249249 (3) the person shall be re quired to meet the
250250 conditions of this subsection prior to the
251251 beginning of actual employment but after an offer
252252 of employment has been tende red by a
253253 participating employer,
254254 (4) the Board shall have au thority to deny or revoke
255255 membership of any person submi tting false
256256 information in such person 's membership
257257 application, and
258258 (5) the Board shall have final authority in
259259 determining eligibility for membership in the
260260 System, pursuant to the provisions of thi s
261261 subsection;
262262 7. "Normal retirement date" means the date at which the member
263263 is eligible to receive the unreduced payments of the member 's RBH No. 5558
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290290 accrued retirement benefit. Such date shall be the firs t day of the
291291 month coinciding with or following the date the member:
292292 a. completes twenty (20) years of vesting servi ce, or
293293 b. attains sixty-two (62) years of age with ten (10)
294294 years of vesting service, or
295295 c. attains sixty-two (62) years of age, if:
296296 (1) the member has been transferred to this System
297297 from the Oklahoma Public Employees Retirement
298298 System on or after July 1, 1981, and
299299 (2) the member would have been vested had the member
300300 continued to be a member of the Oklahoma Public
301301 Employees Retirement System.
302302 With respect to distributions under the System made for cal endar
303303 years beginning on or after January 1, 2005, the S ystem shall apply
304304 the minimum distribution incidental benefit requirements, incidental
305305 benefit requirements, and minimum distribution requir ements of
306306 Section 401(a)(9) of the In ternal Revenue Code of 1986, as amended,
307307 in accordance with the final regulatio ns under Section 401(a)(9) of
308308 the Internal Revenue Code of 1986, as amended, including Treasury
309309 Regulations Sections 1.401(a)(9) -1 through 1.401(a)(9)-9; provided
310310 that for individuals who attain seven ty and one-half (70 1/2) years
311311 of age after December 31, 2019, distributions shall be made when the
312312 individual attains seventy -two (72) years of age, pursuant to the
313313 provisions of the SECURE Act o f 2019, Pub. L. 116-94, Sections RBH No. 5558
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340340 401(a)(9)(B)(iv)(I), 401(a) (9)(C)(i)(I) and 401(a)(9)(C)(ii)(I) of
341341 the Internal Revenue Code of 1986, as amended, notwithstanding any
342342 provision of the System to the contrary. With respect to
343343 distributions under the System made for calendar years beginning on
344344 or after January 1, 200 1, through December 31, 2004, the System
345345 shall apply the minimum distribution requirements and incidental
346346 benefit requirements of Section 401(a)(9) of the Internal Revenue
347347 Code of 1986, as amended , in accordance with the regulations under
348348 Section 401(a)(9) of the Internal Revenue Code of 1986, as amended,
349349 which were proposed in January 2001, notwithstanding any provision
350350 of the System to the contrary.
351351 Effective July 1, 1989, notwithstanding any oth er provision
352352 contained herein to the contrary, in no event s hall commencement of
353353 distribution of the accrued retirem ent benefit of a member be
354354 delayed beyond April 1 of the calendar year following the later of:
355355 (1) the calendar year in which the member re aches seventy and one-
356356 half (70 1/2) years of age for a membe r who attains this age before
357357 January 1, 2020, or, for a member who attains this age after January
358358 1, 2020, the calendar year in which the member reaches seventy -two
359359 (72) years of age; or (2) the actual retirement date of the member.
360360 A member electing to defer the commencement of retirement benefits
361361 pursuant to Section 2-308.1 of this title may not defer the benefit
362362 commencement beyond the age of sixty -five (65). RBH No. 5558
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389389 Effective September 8, 2009, notwi thstanding anything to the
390390 contrary of the System, the Syste m, which as a governmental plan
391391 (within the meaning of S ection 414(d) of the Internal Revenue Code
392392 of 1986, as amended), is treated as having complied with Section
393393 401(a)(9) of the Internal Revenu e Code of 1986, as amended, for all
394394 years to which Section 4 01(a)(9) of the Internal Revenue Code of
395395 1986, as amended, applies to the System if the System complies with
396396 a reasonable and good faith interpretation of Section 401(a)(9) of
397397 the Internal Revenue Code of 1986, as amended.
398398 A member who was required to join the System effective July 1,
399399 1980, because of the trans fer of the employing agency from the
400400 Oklahoma Public Employees Retirement System to the System, and was
401401 not a member of the Oklahoma Public Employees Retirement System on
402402 the date of such transfer sha ll be allowed to receive credit for
403403 prior law enforcemen t service rendered to this state, if the member
404404 is not receiving or eligible to receive retirement credit or
405405 benefits for such service in an y other public retirement system,
406406 upon payment to the System of the employee contribution the member
407407 would have been subject to had the member been a member of the
408408 System at the time, plus five percent (5%) interest. Service credit
409409 received pursuant to th is paragraph shall be used in determi ning the
410410 member's retirement benefit, and shall be used in determining years
411411 of service for retirement or vesting purposes; RBH No. 5558
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438438 8. "Actual paid base salary " means the salary received by a
439439 member, excluding payment for any accumulated leave or uniform
440440 allowance. Salary shall includ e any amount of nonelective salary
441441 reduction under Secti on 414(h) of the Internal Revenue Code of 1986;
442442 9. "Final average salary " means the average of the highest
443443 thirty (30) consecutive complete months of actual paid gross salary.
444444 Gross salary shall inc lude any amount of elective salary reduction
445445 under Section 457 of the Internal Revenue Code of 1986, as amended,
446446 and any amount of nonelective salary reduction under Section 414(h)
447447 of the Internal Revenue Code of 1986, as amended. E ffective July 1,
448448 1992, gross salary shall include any amount of elective salary
449449 reduction under Section 125 of the Internal Revenue Code of 1986, as
450450 amended. Effective July 1, 1998, gross salary shall include any
451451 amount of elective salary reduction not in cludable in the gross
452452 income of the member under Section 132(f)(4) of the Inter nal Revenue
453453 Code of 1986, as amended. Effective July 1, 1998, for purposes of
454454 determining a member 's compensation, any contribution by the member
455455 to reduce his or her regular c ash remuneration under Section
456456 132(f)(4) of the Internal Revenue Code of 1986, as amended, shall be
457457 treated as if the member did not make such an election. Only salary
458458 on which required contributions have been made may be used in
459459 computing the final avera ge salary. Gross salar y shall not include
460460 severance pay. RBH No. 5558
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487487 In addition to other applicable limitations, and notwithstanding
488488 any other provision to the contrary, for plan years beginning on or
489489 after July 1, 2002, the annu al gross salary of each "Noneligible
490490 Member" taken into account under the System shall not exceed the
491491 Economic Growth and Tax Relief Reconciliation Act of 2001 ( "EGTRRA")
492492 annual salary limit. The EGTRRA annual salary limit is Two Hundred
493493 Thousand Dollars ($200,000.00), as adjusted by the Com missioner for
494494 increases in the cost of living in accordance with Section
495495 401(a)(17)(B) of the Internal Revenue Code of 1986, as amended. The
496496 annual salary limit in effect for a calendar year applies to any
497497 period, not exceeding twelve (12) months, over wh ich salary is
498498 determined ("determination period") beginning in such calendar ye ar.
499499 If a determination period consists of fewer than twelve (12) months,
500500 the EGTRRA salary limit will be multiplied by a fraction, the
501501 numerator of which is the number of month s in the determination
502502 period, and the denominator of which is twelve (12). Fo r purposes
503503 of this section, a "Noneligible Member" is any member who first
504504 became a member during a plan year commencing on or after July 1,
505505 1996.
506506 For plan years beginning on or after July 1, 2002, an y reference
507507 in the System to the annual salary limit und er Section 401(a)(17) of
508508 the Internal Revenue Code of 1986, as amended, shall mean the EGTRRA
509509 salary limit set forth in this provision. RBH No. 5558
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536536 Effective January 1, 2008, gross salary f or a plan year shall
537537 also include gross salary, as described above, for service s, but
538538 paid by the later of two and one -half (2 1/2) months after a
539539 member's severance from employment or the end of the calendar year
540540 that includes the date the member terminat ed employment, if it is a
541541 payment that, absent a severance from employment, wou ld have been
542542 paid to the member while the member continued in employment with the
543543 employer.
544544 Effective January 1, 2008, any payments not desc ribed above
545545 shall not be considered g ross salary if paid aft er severance from
546546 employment, even if they are paid by t he later of two and one -half
547547 (2 1/2) months after the date of severance from employment or the
548548 end of the calendar year that includes the da te of severance from
549549 employment, except payments to an indiv idual who does not currently
550550 perform services for the em ployer by reason of qualified military
551551 service within the meaning of Section 414(u)(5) of the Internal
552552 Revenue Code of 1986, as amended, to the extent these payments do
553553 not exceed the amounts the indi vidual would have received if the
554554 individual had continu ed to perform services for the employer rather
555555 than entering qualified military service.
556556 Effective January 1, 2008, back pay, within the mea ning of
557557 Section 1.415(c)-2(g)(8) of the Income Tax Regulatio ns, shall be
558558 treated as gross salary for the limitation year to which the back RBH No. 5558
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585585 pay relates to the extent the back pay represents wages and
586586 compensation that would otherwise be included in this def inition.
587587 Effective for years beginnin g after December 31, 20 08, gross
588588 salary shall also include differential wage pa yments under Section
589589 414(u)(12) of the Internal Revenue Code of 1986, as amended;
590590 10. "Credited service" means the period of service used t o
591591 determine the amount of benefits pa yable to a member. Cre dited
592592 service shall consist of the period during which t he member
593593 participated in the System or the predecessor Plan as an active
594594 employee in an eligible membership classification, plus any servic e
595595 prior to the establishment of the p redecessor Plan which w as
596596 credited under the predecessor Plan and for law enfor cement officers
597597 and criminalists of the Oklahoma State Bureau of Investigation and
598598 the Oklahoma State Bureau of Narcotics and Dangerous Drug s Control
599599 who became members of the S ystem on July 1, 1980, any service
600600 credited under the Oklahoma Public Employees Retirement System as of
601601 June 30, 1980, and for members of the Communications and Lake Patrol
602602 Divisions of the Oklahoma Department of Public Safety, who became
603603 members of the System on July 1, 1981, a ny service credited under
604604 the predecessor Plan or the Ok lahoma Public Employees Retirement
605605 System as of June 30, 1981, and for law enforcement officers of the
606606 Alcoholic Beverage Laws Enforcement C ommission who became members of
607607 the System on July 1, 1982, any service credited under the Oklahoma
608608 Public Employees Retirement System as of June 30, 1982, and for park RBH No. 5558
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635635 rangers of the Oklahoma Tourism and Recreation Department who became
636636 members of the System on July 1, 1985, any service cred ited under
637637 the Oklahoma Public Employees Retirement System as of June 30, 1985,
638638 and for inspectors of the Oklahoma State Board of Pharmacy who
639639 became members of the System on July 1, 1986, any service credited
640640 under the Oklahoma Public Employees Retirement System as of June 30,
641641 1986, for law enforcement officers of the Oklahoma Capit ol Patrol
642642 Division of the Department of Public Safety who became members of
643643 the System effective July 1, 1993, any service credited under th e
644644 Oklahoma Public Employees Retiremen t System as of June 30, 1993, and
645645 for all commissioned officers in the Gunsmith /Ammunition Reloader
646646 Division of the Department of Public Safety who became members of
647647 the System effective July 1, 1994, any service credit ed under the
648648 Oklahoma Public Employee s Retirement System as of June 30, 1994, and
649649 for the park managers or park supe rvisors of the Oklahoma Tourism
650650 and Recreation Department who were employed in such a position prior
651651 to July 1, 1985, and who elect to becom e members of the System
652652 effective September 1, 1996, any ser vice transferred pursuant to
653653 subsection C of Section 2 -309.6 of this title and any service
654654 purchased pursuant to subsection B of Section 2 -307.2 of this title.
655655 Effective August 5, 1993, an author ized leave of absence shall
656656 include a period of absence purs uant to the Family and Medical Leave
657657 Act of 1993; RBH No. 5558
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684684 11. "Disability" means a physical or mental condition which, in
685685 the judgment of the Board, totally and presumably permanently
686686 prevents the member from engaging in the usual and custo mary duties
687687 of the occupation of the member and thereafter prevents the member
688688 from performing the duties of any occupation or service for which
689689 the member is qualified by reason of training, education or
690690 experience. A person is not under a disability whe n capable of
691691 performing a service to the employer, regardless of occupation,
692692 providing the salary of the employee is not diminished thereby;
693693 12. "Limitation year" means the year used in applying the
694694 limitations of Section 415 of the Internal Revenue Code of 1986,
695695 which year shall be the calendar year;
696696 13. "Line of duty" means any action which a member whose
697697 primary function is crime control or reduction or enforcement of the
698698 criminal law is obligated or authorized by r ule, regulations,
699699 condition of employment or service, or law to perform including
700700 those social, ceremonial or athlet ic functions to which the member
701701 is assigned, or for which the member is compensated, by the agency
702702 the member serves;
703703 14. "Personal injury" or "injury" means any traumatic inj ury as
704704 well as diseases which are caused by or result from such an injury,
705705 but not occupational diseases;
706706 15. "Catastrophic nature" means consequences of an injury that
707707 permanently prevent an individual from performing any gainful work; RBH No. 5558
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734734 16. "Traumatic injury" means a wound or a condition of the body
735735 caused by external force includi ng injuries inflicted by bullets,
736736 explosives, sharp instruments, blunt objects or other physical
737737 blows, chemicals, electricity, climatic con ditions, infectious
738738 diseases, radiation and bacteria, but ex cluding stress and strain;
739739 and
740740 17. "Beneficiary" means the individual designated by the member
741741 on a beneficiary designation form supplied by the Oklahoma Law
742742 Enforcement Retirement System, or, if there is no designated
743743 beneficiary or if the designated ben eficiary predeceases the member,
744744 the estate of the membe r. If the member's spouse is not designated
745745 as the sole primary beneficiary, the member 's spouse must sign a
746746 consent.
747747 SECTION 2. AMENDATORY 74 O.S. 2021, Section 902, is
748748 amended to read as fol lows:
749749 Section 902. As used in Section 901 et seq. of this title:
750750 (1) "System" means the Oklahoma Public Employees Retirement
751751 System as established by this act and as it may hereafter be
752752 amended;
753753 (2) "Accumulated contributions" means the sum of all
754754 contributions by a member to the System wh ich shall be credited to
755755 the member's account;
756756 (3) "Act" means Sections 901 to 932, inclusive, of this title; RBH No. 5558
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783783 (4) "Actuarial equivalent" means a deferred income benefit of
784784 equal value to the accumulated deposits o r benefits when computed
785785 upon the basis of the actuarial tables in use by the System;
786786 (5) "Actuarial tables" means the actuarial tables approved and
787787 in use by the Board at any given time;
788788 (6) "Actuary" means the actuary or firm of actuaries employed
789789 by the Board at any given time;
790790 (7) "Beneficiary" means any person named by a member to receive
791791 any benefits as provided for by Section 901 et seq. of this ti tle.
792792 If there is no beneficiary livi ng at time of member em ployee's
793793 death, the member's estate shall be the beneficiary;
794794 (8) "Board" means the Oklahoma Public Employees Retirement
795795 System Board of Trustees;
796796 (9) "Compensation" means all salary and wages, as defined by
797797 the Board of Trustees, including amounts defer red under deferred
798798 compensation agreement s entered into between a member and a
799799 participating employer, but exclusive of payment for overtime,
800800 payable to a member of the System for personal service s performed
801801 for a participating emplo yer but shall not inclu de compensation or
802802 reimbursement for trav eling, or moving expenses, or any compens ation
803803 in excess of the maximum compensation level, provided:
804804 (a) For compensation for service prior to January 1, 1988,
805805 the maximum compensation level shall be Twenty-five
806806 Thousand Dollars ($25,000.00) per annum. RBH No. 5558
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833833 For compensation for service on or after Ja nuary 1,
834834 1988, through June 30, 1994, the maximum compensation
835835 level shall be Forty Thousand Dollars ($40,000.00) per
836836 annum.
837837 For compensation for servi ce on or after July 1, 1994,
838838 through June 30, 1995, the maximum compensation level
839839 shall be Fifty Thousan d Dollars ($50,000.00) per
840840 annum; for compensation for service on or after July
841841 1, 1995, through June 30, 1996, th e maximum
842842 compensation level shall be Sixty Thousand Dollars
843843 ($60,000.00) per annum; for compensation for service
844844 on or after July 1, 1996, th rough June 30, 1997, the
845845 maximum compensation level shall be Seventy Thousand
846846 Dollars ($70,000.00) per annum; and for compensation
847847 for service on or af ter July 1, 1997, throu gh June 30,
848848 1998, the maximum compensatio n level shall be Eighty
849849 Thousand Dollars ($80,000.00) per annum. For
850850 compensation for services on or after July 1, 1998,
851851 there shall be no maximum compens ation level for
852852 retirement purposes.
853853 (b) Compensation for retirement purposes shall include any
854854 amount of elective salary reduction under Sect ion 457
855855 of the Internal Revenue Code of 1986 and any amount of RBH No. 5558
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882882 nonelective salary reduction under Section 414(h) o f
883883 the Internal Revenue Code of 1986.
884884 (c) Notwithstanding any provision to the contrary, the
885885 compensation taken into account for any employee i n
886886 determining the contribution or benefit accruals for
887887 any plan year is limited to the annual compensation
888888 limit under Section 401(a)(17) of the federa l Internal
889889 Revenue Code.
890890 (d) Current appointed members of the Ok lahoma Tax
891891 Commission whose salary is con stitutionally limited
892892 and is less than the highest salary allowed by law for
893893 his or her position shall be allowed, within ninety
894894 (90) days from the eff ective date of this act , to make
895895 an election to use the highest salary allowed by law
896896 for the position to which the member was appointed for
897897 the purposes of making contributions and determination
898898 of retirement benefits. Such election shall be
899899 irrevocable and be in writing. Rea ppointment to the
900900 same office shall not p ermit a new election. Members
901901 appointed to the Oklahoma Tax Commission after the
902902 effective date of this act shall make such election,
903903 pursuant to this sub paragraph, within ninety (90) days
904904 of taking office; RBH No. 5558
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931931 (10) "Credited service" means the sum of partic ipating service,
932932 prior service and electe d service;
933933 (11) "Dependent" means a parent, child, or spouse of a member
934934 who is dependent upon the member for at least one-half (1/2) of the
935935 member's support;
936936 (12) "Effective date" means the date upon which the Sy stem
937937 becomes effective by operation of la w;
938938 (13) "Eligible employer" means the state and any county, county
939939 hospital, city or town, conservation districts , circuit engineering
940940 districts and any public or private tr ust in which a county, city or
941941 town participates and is the primary beneficiary, i s to be an
942942 eligible employer for the purpose of this act only, whose employees
943943 are covered by Social Security and are not covered by or eligible
944944 for another retirement plan a uthorized under the laws of this state
945945 which is in operation on the initial entry date. Emergency medical
946946 service districts may join the System upon proper application to the
947947 Board. Provided aff iliation by a county hospital shall b e in the
948948 form of a resolution adopted by the board of control.
949949 (a) If a class or several classes of emplo yees of any
950950 above-defined employers are covered by Social Security
951951 and are not covered by or eligible for and will not
952952 become eligible for another reti rement plan authorized
953953 under the laws of this state, which is in operation on
954954 the effective date, such em ployer shall be deemed an RBH No. 5558
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981981 eligible employer, but only with respect to that class
982982 or those classes of employees as defined in this
983983 section.
984984 (b) A class or several classes of e mployees who are
985985 covered by Social Securi ty and are not covered by or
986986 eligible for and will not become eligible for another
987987 retirement plan authorized under the laws of this
988988 state, which is in ope ration on the effective date,
989989 and when the qualifications fo r employment in such
990990 class or classes are set by state law; and when such
991991 class or classes of employees are employed by a county
992992 or municipal government pursuant to such
993993 qualifications; and when t he services provided by such
994994 employees are of such nature th at they qualify for
995995 matching by or contri butions from state or federal
996996 funds administered by an agency of state government
997997 which qualifies as a participating employer, then the
998998 agency of state government administering the state or
999999 federal funds shall be de emed an eligible employer,
10001000 but only with respect to that class or those classes
10011001 of employees as defined in this subsection; provided,
10021002 that the required contributions to the retirement plan
10031003 may be withheld from the contributions of st ate or
10041004 federal funds administered by the state agency and RBH No. 5558
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10311031 transmitted to the System on the same basis as the
10321032 employee and employer contributions are transmitted
10331033 for the direct employees of the state agency. The
10341034 retirement or eligibility for retirement und er the
10351035 provisions of law providing pensions for service as a
10361036 volunteer firefighter shall not render any p erson
10371037 ineligible for participation in the benefits provided
10381038 for in Section 901 et seq. of this title. An employee
10391039 of any public or private trust in wh ich a county, city
10401040 or town participates and is the primary benef iciary
10411041 shall be deemed to be an eligible employee for the
10421042 purpose of this act only.
10431043 (c) All employees of the George Nigh Rehabilitation
10441044 Institute who elected to retain membership in the
10451045 System, pursuant to Section 9 13.7 of this title, shall
10461046 continue to be eligible employees for the purposes of
10471047 this act. The George Nigh Rehabilitation Institute
10481048 shall be considered a participating employer only for
10491049 such employees.
10501050 (d) All employees of CompSource Mutual Insurance Compa ny
10511051 who retain membership in the Oklahoma Public Employees
10521052 Retirement System pursua nt to Section 913.9 of this
10531053 title shall continue to be eligible employees for the
10541054 purposes of the Oklahoma Public Employees Retirement RBH No. 5558
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10811081 System. CompSource Mutual Insurance Co mpany shall be
10821082 considered a participating employer only for such
10831083 employees.
10841084 (e) All employees of a successor organization, as defined
10851085 by Section 5-60.12 of Title 2 of the Oklahoma
10861086 Statutes, who retain membership in the Oklahoma Publi c
10871087 Employees Retirement System pursuant to Section 5 -
10881088 60.35 of Title 2 of the Oklahoma Statutes shall
10891089 continue to be eligible employees for the purposes of
10901090 the Oklahoma Public Employees Retirement System. A
10911091 successor organization shall be considered a
10921092 participating employer only for such employees.
10931093 (f) A participating employer of the Teachers' Retirement
10941094 System of Oklahoma, who has one or more employees who
10951095 have made an election pursuant to enabling legislation
10961096 to retain membership in the System as a result of
10971097 change in administra tion, shall be considered a
10981098 participating employer of the Oklahoma Public
10991099 Employees Retirement System only for such employees;
11001100 (14) "Employee" means any officer or employee of a
11011101 participating employer, whose employment is not season al or
11021102 temporary and whose employment requires at least one thous and
11031103 (1,000) hours of work per year and wh ose salary or wage is equal to
11041104 the hourly rate of the monthly minimum wage for state employees. RBH No. 5558
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11311131 For those eligible employers outlined in Section 910 o f this title,
11321132 the rate shall be equal to the hourly rate of the monthly minimum
11331133 wage for that employer. Each employer, whose minimum wage is less
11341134 than the state's minimum wage, shall inform the System of the
11351135 minimum wage for that employer. This notificat ion shall be by
11361136 resolution of the governing body.
11371137 (a) Any employee of the county extension agents who is not
11381138 currently participating in the Teachers ' Retirement
11391139 System of Oklahoma shall be a member of this System.
11401140 (b) Eligibility shall not include any empl oyee who is a
11411141 contributing member of the United States Civil Ser vice
11421142 Retirement System.
11431143 (c) It shall be mandatory for an officer, appointee or
11441144 employee of the office of district attorney to become
11451145 a member of this Syste m if he or she is not currently
11461146 participating in a county re tirement system. Provided
11471147 further, that if an officer, appointee or employee of
11481148 the office of district attorney is currently
11491149 participating in such county retirement system, he or
11501150 she is ineligible for this System as long as he or sh e
11511151 is eligible for such county retirement system. Any
11521152 eligible officer, appointee or employee of the offi ce
11531153 of district attorney shall be given credit for prior
11541154 service as defined in this section. The provisions RBH No. 5558
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11811181 outlined in Section 917 of this title shall apply to
11821182 those employees who have previously withdrawn their
11831183 contributions.
11841184 (d) Eligibility shall also n ot include any officer or
11851185 employee of the Oklahoma Employment Security
11861186 Commission, except for those officers and e mployees of
11871187 the Commission electing t o transfer to this Syst em
11881188 pursuant to the provisions of Section 910.1 of this
11891189 title or any other class of officers or employees
11901190 specifically exempted by the laws of this state,
11911191 unless there be a consolidation as provide d by Section
11921192 912 of this title. Empl oyees of the Oklahoma
11931193 Employment Security Commission who are ine ligible for
11941194 enrollment in the Employment Security Commission
11951195 Retirement Plan, that was in effect on January 1,
11961196 1964, shall become members of this System.
11971197 (e) Any employee employed by the Legis lative Service
11981198 Bureau, State Senate or House of Representatives for
11991199 the full duration of a regular legisl ative session
12001200 shall be eligible for membership in the System
12011201 regardless of classification as a temporary employee
12021202 and may participate in the System dur ing the regular
12031203 legislative session at the option of the employe e.
12041204 For purposes of this subparagraph, th e determination RBH No. 5558
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12311231 of whether an employee is employed for the full
12321232 duration of a regular legislative session shall be
12331233 made by the Legislative Service Bure au if such
12341234 employee is employed by the Legislative Service
12351235 Bureau, the State Senate if such employee is e mployed
12361236 by the State Senate, or by the House of
12371237 Representatives if such employee is employed by the
12381238 House of Representatives. Each regular legislative
12391239 session during which t he legislative employee or an
12401240 employee of the Legislative Service Bureau
12411241 participates full time shall be counted as six (6)
12421242 months of full-time participating service.
12431243 (i) Except as otherwise provi ded by this
12441244 subparagraph, once a temp orary session employee
12451245 makes a choice to participate or not, the choice
12461246 shall be binding for all future l egislative
12471247 sessions during which the employee is employed.
12481248 (ii) Notwithstanding the provisions of division (i) of
12491249 this subparagraph, any employee, who is eligible
12501250 for membership in the System because of the
12511251 provisions of this subparagraph and who was
12521252 employed by the State Senate or House of
12531253 Representatives after January 1, 1989, may file
12541254 an election, in a manner speci fied by the Board, RBH No. 5558
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12811281 to participate as a member of the System prior to
12821282 September 1, 1989.
12831283 (iii) Notwithstanding the provisions of division (i) o f
12841284 this subparagraph, a temporary legislative
12851285 session employee who elected to become a member
12861286 of the System may wit hdraw from the System
12871287 effective the day said employee electe d to
12881288 participate in the System upon writt en request to
12891289 the Board. Any such reques t must be received by
12901290 the Board prior to October 1, 1990. All employee
12911291 contributions made by the temporary legisl ative
12921292 session employee shall be retur ned to the
12931293 employee without interest within four (4) months
12941294 of receipt of the written request.
12951295 (iv) A member of the System who did not initially
12961296 elect to participate as a member of the System
12971297 pursuant to this subparagra ph shall be able to
12981298 acquire service performed as a temporary
12991299 legislative session employee for periods of
13001300 service performed prior to the date u pon which
13011301 the person became a member of the System if:
13021302 a. the member files an election with the System
13031303 not later than December 31, 2000, to
13041304 purchase the prior service; and RBH No. 5558
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13311331 b. the member makes payment to the System o f
13321332 the actuarial cost of the service credi t
13331333 pursuant to subsection A of Section 913.5 of
13341334 this title. The provisions of Section 913.5
13351335 of this title shall be applicable to the
13361336 purchase of the service credit, including
13371337 the provisions for determining service
13381338 credit in the event of incomplete payment
13391339 due to cessation of payments, death,
13401340 termination of employment or retirement, but
13411341 the payment may extend for a per iod not to
13421342 exceed ninety-six (96) months;
13431343 (15) "Entry date" means the date on which an eligible empl oyer
13441344 joins the System. The first entry d ate pursuant to Section 901 et
13451345 seq. of this title shall be January 1, 1964;
13461346 (16) "Executive Director" means the managing officer of the
13471347 System employed by the Board under Se ction 901 et seq. of this
13481348 title;
13491349 (17) "Federal Internal Revenue Code " means the federal Internal
13501350 Revenue Code of 1954 or 1986, as amended and as applicable to a
13511351 governmental plan as in effect on July 1, 1999;
13521352 (18) "Final average compensation" means the average annual
13531353 compensation, including amo unts deferred under deferred compensation
13541354 agreements entered into between a member and a participating RBH No. 5558
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13811381 employer, up to, but not exceeding the maximum compe nsation levels
13821382 as provided in paragra ph (9) of this section received during the
13831383 highest three (3) of the last ten (10) years of participating
13841384 service immediately preceding retirement or termination of
13851385 employment and with respect to members whose first part icipating
13861386 service occurs on or after July 1, 2013, the compe nsation received
13871387 during the highest five (5) of the last ten (10) years of
13881388 participating service immediately preceding retirement or
13891389 termination of employment. Provided, no member shall retire wi th a
13901390 final average compensation unles s the member has made t he required
13911391 contributions on such compens ation, as defined by the Board of
13921392 Trustees;
13931393 (19) "Fiscal year" means the period commencing July 1 of any
13941394 year and ending June 30 of the next year. The fi scal year is the
13951395 plan year for purpos es of the federal Inter nal Revenue Code;
13961396 however, the calendar y ear is the limitation year for purposes o f
13971397 Section 415 of the federal Internal Revenue Code;
13981398 (20) "Fund" means the Oklahoma Public Employees Retirement Fu nd
13991399 as created by Section 901 et seq. of this title;
14001400 (21) "Leave of absence" means a period of absenc e from
14011401 employment without pay, authorized and approved by the employer and
14021402 acknowledged to the Board, and which after the effective date does
14031403 not exceed two (2) years; RBH No. 5558
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14301430 (22) "Member" means an eligible employee or el ected official
14311431 who is in the System and i s making the required employee or elected
14321432 official contributions, or any former employee or elected official
14331433 who shall have made the required contributions to the System and
14341434 shall have not received a refund or withd rawal;
14351435 (23) "Military service" means service in the Armed Forces of
14361436 the United States by an honorably discharged person during the
14371437 following time periods, as reflected on such person 's Defense
14381438 Department Form 214, not to exceed five (5) years for combined
14391439 participating and/or prior service, as f ollows:
14401440 (a) during the following periods, including the beginning
14411441 and ending dates, and only for the periods served,
14421442 from:
14431443 (i) April 6, 1917, to November 1 1, 1918, commonly
14441444 referred to as World War I,
14451445 (ii) September 16, 1940, to December 7, 1941, as a
14461446 member of the 45th Division,
14471447 (iii) December 7, 1941, to December 31, 1946, commonly
14481448 referred to as World War II,
14491449 (iv) June 27, 1950, to January 31, 1955, commo nly
14501450 referred to as the Korean Conflic t or the Korean
14511451 War,
14521452 (v) February 28, 1961, to May 7, 1975, comm only
14531453 referred to as the Vietnam era, exce pt that: RBH No. 5558
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14801480 a. for the period from February 28, 1961, to
14811481 August 4, 1964, military service shall only
14821482 include service in the Republic of Vietnam
14831483 during that period, and
14841484 b. for purposes of determining eligibility for
14851485 education and training benefits, such period
14861486 shall end on December 31, 1976, or
14871487 (vi) August 1, 1990, to December 31, 1991, commonly
14881488 referred to as the Gulf Wa r, the Persian Gulf
14891489 War, or Operation Desert Storm, but excl uding any
14901490 person who served on active dut y for training
14911491 only, unless discharged fr om such active duty for
14921492 a service-connected disability;
14931493 (b) during a period of war or combat military operation
14941494 other than a conflict, war or era liste d in
14951495 subparagraph (a) of this paragraph, beginning on the
14961496 date of Congressional authorization, Congressio nal
14971497 resolution, or Executive Order of the President of the
14981498 United States, for the use of the Armed Forces of the
14991499 United States in a war or combat milit ary operation,
15001500 if such war or combat military operation lasted f or a
15011501 period of ninety (90) days or more, for a person who
15021502 served, and only for the period served, in the area of
15031503 responsibility of the war or combat milita ry RBH No. 5558
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15301530 operation, but excluding a person who served on active
15311531 duty for training only, unless discharged f rom such
15321532 active duty for a service -connected disability, and
15331533 provided that the burden of proof of military service
15341534 during this period shall be with the mem ber, who must
15351535 present appropriate doc umentation establishing such
15361536 service.
15371537 An eligible member under t his paragraph shall include only those
15381538 persons who shall have served during the times or in the areas
15391539 prescribed in this paragraph, and only if such person provides
15401540 appropriate documentation i n such time and manner as required by the
15411541 System to establish su ch military service prescribed in this
15421542 paragraph, or for service pursuant to subdivision a of division (v)
15431543 of subparagraph (a) of this paragraph those pers ons who were awarded
15441544 service medals, as authorized by the Un ited States Department of
15451545 Defense as reflected in the veteran's Defense Department Form 214,
15461546 related to the Vietnam Conflict for service prior to August 5, 1964;
15471547 (24) "Normal retirement date " means the date on which a member
15481548 may retire with full retiremen t benefits as provided in Section 901
15491549 et seq. of this title, such date being which ever occurs first:
15501550 (a) the first day of the month coinciding with or
15511551 following a member's: RBH No. 5558
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15771577
15781578 (1) sixty-second birthday with respect to members
15791579 whose first participating service occurs prior to
15801580 November 1, 2011, or
15811581 (2) sixty-fifth birthday with respect to mem bers
15821582 whose first participating service occurs on or
15831583 after November 1, 2011, or with respect to
15841584 members whose first participating service occurs
15851585 on or after November 1, 2011, reaches a minimum
15861586 age of sixty (60) years and who also reaches a
15871587 normal retirement date pursuant to subparagraph c
15881588 of this paragraph,
15891589 (b) for any person who initially became a member prior to
15901590 July 1, 1992, and who does not reach a no rmal
15911591 retirement date pursuant to division (1) of
15921592 subparagraph (a) of this paragraph, the first day of
15931593 the month coinciding with or following the date at
15941594 which the sum of a member 's age and number of years of
15951595 credited service total eighty (80); such a norma l
15961596 retirement date will also apply to any person who
15971597 became a member of the sending system as defined in
15981598 Section 901 et seq. of this title, prior to July 1,
15991599 1992, regardless of whether there were breaks in
16001600 service after July 1, 1992, RBH No. 5558
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16271627 (c) for any person who became a member after J une 30,
16281628 1992, but prior to November 1, 20 11, and who does not
16291629 reach a normal retir ement date pursuant to division
16301630 (1) of subparagraph (a) of this paragraph, the first
16311631 day of the month coinciding w ith or following the date
16321632 at which the sum of a member's age and number of years
16331633 of credited service total ninety (90),
16341634 (d) in addition to subparagraphs (a), (b) and (c) of this
16351635 paragraph, the first day of the month coinciding with
16361636 or following a member 's completion of at least twenty
16371637 (20) years of full-time-equivalent employment as:
16381638 (i) a correctional or probation and parole officer
16391639 with the Department of Corrections whose first
16401640 participating service occurs prior to November 1,
16411641 2024, and at the time of retirement, the m ember
16421642 was a correctional or probation and parole
16431643 officer with the Department of Corrections, or
16441644 (ii) a correctional officer, pro bation and parole
16451645 officer or fugitive apprehension agent with the
16461646 Department of Corrections who is in such position
16471647 on June 30, 2004, but prior to November 1, 2024,
16481648 or who is hired after June 30, 2004, but prior to
16491649 November 1, 2024, and who receives a prom otion or
16501650 change in job classification after June 30, 2004, RBH No. 5558
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16771677 to another position in the Dep artment of
16781678 Corrections, so long as such officer or agent has
16791679 at least five (5) years of service as a
16801680 correctional officer, probatio n and parole
16811681 officer or fugitive app rehension agent with the
16821682 Department, has twenty (20) years of full -time-
16831683 equivalent employment with the Department and was
16841684 employed by the Department at the time of
16851685 retirement, or
16861686 (iii) a firefighter with the Oklahoma Mil itary
16871687 Department either employed for the first time on
16881688 or after July 1, 2002, or who was employed prior
16891689 to July 1, 2002, in s uch position and who makes
16901690 the election authorized by division (2) of
16911691 subparagraph b of paragraph (9) of su bsection A
16921692 of Section 915 of this title and at the time of
16931693 retirement, the member was a firefighter with the
16941694 Oklahoma Military Department, and such m ember has
16951695 at least twenty (20) years of credited service
16961696 upon which the two and one-half percent (2 1/2%)
16971697 multiplier will be used i n calculating the
16981698 retirement benefit, or RBH No. 5558
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17251725 (iv) a public safety officer employed by the Grand
17261726 River Dam Authority for the first time on or July
17271727 1, 2016, or
17281728 (v) a deputy sheriff or jailer em ployed by any county
17291729 that is a participating employer in the System
17301730 for the first time as a deputy sherif f or jailer
17311731 on or after November 1, 2020,
17321732 (e) for those fugitive apprehension agents who retire on
17331733 or after July 1, 2002, but prior to November 1, 2024 ,
17341734 the first day of the month coinciding with or
17351735 following a member's completion of at least twenty
17361736 (20) years of full-time-equivalent employment as a
17371737 fugitive apprehension agent with the Department of
17381738 Corrections and at the t ime of retirement, the member
17391739 was a fugitive apprehension agent with t he Department
17401740 of Corrections, or
17411741 (f) for any member who was contin uously employed by an
17421742 entity or institution within The Oklahoma State System
17431743 of Higher Education and whose initial emplo yment with
17441744 such entity or insti tution was prior to July 1, 1992,
17451745 and who without a break in service of more than thirty
17461746 (30) days became employed by an employer participating
17471747 in the Oklahoma Public Employees Retirement System,
17481748 the first day of the month co inciding with or RBH No. 5558
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17751775 following the date at which the sum of the member 's
17761776 age and number of years of cred ited service total
17771777 eighty (80);
17781778 (25) "Participating employer " means an eligible employer who
17791779 has agreed to make contributions to the System on behalf of it s
17801780 employees;
17811781 (26) "Participating service" means the period of employm ent
17821782 after the entry date for w hich credit is granted a member;
17831783 (27) "Prior service" means the period of employment of a member
17841784 by an eligible employer prior to the member 's entry date for which
17851785 credit is granted a me mber under Section 901 et seq. of this title;
17861786 (28) "Retirant" or "retiree" means a member who has retire d
17871787 under the System;
17881788 (29) "Retirement benefit" means a monthly income with benefits
17891789 accruing from the first day of the m onth coinciding with or
17901790 following retirement and ending on the last da y of the month in
17911791 which death occurs or the actuarial equivalent t hereof paid in such
17921792 manner as specified by the member pursuant to Section 901 et seq. of
17931793 this title or as otherwise allo wed to be paid at the discretio n of
17941794 the Board;
17951795 (30) "Retirement coordinator" means the individual d esignated
17961796 by each participating empl oyer through whom System transactions and
17971797 communication shall be directed; RBH No. 5558
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18231823
18241824 (31) "Social Security" means the old-age survivors and
18251825 disability section o f the Federal Social Security Act;
18261826 (32) "Total disability" means a physical or mental disability
18271827 accepted for disability benefits by the Federal Social Security
18281828 System;
18291829 (33) "Service-connected disability benefits " means military
18301830 service benefits which ar e for a service-connected disability ra ted
18311831 at twenty percent (20%) or more by the Veterans Administration or
18321832 the Armed Forces of the United States;
18331833 (34) "Elected official" means a person elected to a state
18341834 office in the legislative or executive branch of state government or
18351835 a person elected to a county office for a definit e number of years
18361836 and shall include an individual who is appointed to fill the
18371837 unexpired term of an elected state official;
18381838 (35) "Elected service" means the period of service as an
18391839 elected official;
18401840 (36) "Limitation year" means the year used in applying the
18411841 limitations of Section 415 of th e Internal Revenue Code of 1986,
18421842 which year shall be the calendar year; and
18431843 (37) "Public safety officers of the Grand River Dam Authority"
18441844 means those persons hired by the Grand River Dam Authority on or
18451845 after the effective date of this act who are certif ied by the
18461846 Council on Law Enforcement Education and Training or an equivalent
18471847 certifying entity for law enforcement per sonnel training and who RBH No. 5558
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18741874 perform law enforcement functions as part of t heir regularly
18751875 assigned duties and responsibilities on a full -time basis. With
18761876 respect to any public safety officer hired by the Grand River Dam
18771877 Authority on or after the effective date of this act, any earned
18781878 benefits or credits toward retirement benefit s from previous
18791879 participation within the Oklahoma Public Employees Retirement System
18801880 or the Oklahoma Law Enforcement Retirement System shall remain
18811881 within that system.
18821882 SECTION 3. AMENDATORY 74 O.S. 2021, Section 915, is
18831883 amended to read as follows:
18841884 Section 915. A. (1) Except as otherwise provid ed in this
18851885 subsection and as provided for elected officials in Section 913.4 of
18861886 this title, any member who s hall retire on or after the member 's
18871887 normal retirement date shall be ent itled to receive an annual
18881888 retirement benefit equal to two percent (2%) of t he member's final
18891889 average compensation as determined pursuant to paragraph (18) of
18901890 Section 902 of this title , multiplied by the number of years of
18911891 credited service that has been cr edited to the member in accordance
18921892 with the provisions of Section 913 of thi s title other than years
18931893 credited pursuant to paragraph (2) of this subsection.
18941894 (2) Effective January 1, 20 04, except as otherwise provided for
18951895 elected officials in Section 913.4 of this title and except for
18961896 those members making contributions pursuant to paragraphs (c), (d),
18971897 (e) and (f) of subsection (1) of Section 919.1 of this tit le, any RBH No. 5558
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19241924 member who shall reti re shall be entitled to receive an annu al
19251925 retirement benefit equal to tw o and one-half percent (2 1/2%) of the
19261926 member's final average compensation a s determined pursuant to
19271927 paragraph (18) of Section 902 of this title, multiplie d by the
19281928 number of full years of participating service after January 1, 2004,
19291929 that have been credited to the member in accordance with the
19301930 provisions of Section 913 of this titl e and only for those full
19311931 years of participating service for which contribution s have been
19321932 made pursuant to paragraph (g) of subsection (1) of Sect ion 919.1 of
19331933 this title. The two and one-half percent (2 1/2%) multiplie r shall
19341934 not apply to purchased servi ce, purchased or granted military
19351935 service or transferred service. In order to receive the two and
19361936 one-half percent (2 1/2%) multiplier in computin g retirement
19371937 benefits, an active member shall make an irrevocable written
19381938 election to pay the contributions p ursuant to paragraph (g) of
19391939 subsection (1) of Section 919.1 of this title. The two and one-half
19401940 percent (2 1/2%) multiplier pursuant to this parag raph shall not
19411941 apply to additional years of service credit attributed to sick leave
19421942 pursuant to paragraph 7 o f subsection B of Section 913 of this title
19431943 and fractional years pursuant to su bsection C of Section 913 of this
19441944 title and shall be attributable on ly to the participating service
19451945 credited after the election of the member .
19461946 (3) The minimum final average com pensation for any person who
19471947 becomes a member of the System on or after July 1, 1995: RBH No. 5558
19481948
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19741974 a. and who had twenty (20) or more years of credited
19751975 service within the System as of the membe r's
19761976 retirement date shall be no less tha n Thirteen
19771977 Thousand Eight Hundred Do llars ($13,800.00) per annum,
19781978 b. and who had at least fifteen (15) but not more than
19791979 nineteen (19) years of credited service within the
19801980 System as of the member's retirement date sh all be no
19811981 less than Six Thousand Nine Hu ndred Dollars
19821982 ($6,900.00) per annum,
19831983 c. and who had less than fifteen (15) years of credited
19841984 service within the Sys tem as of the member's
19851985 retirement date shall not be eligible for any minimum
19861986 amount of final average compensation and the member's
19871987 final average compensation shall be the final average
19881988 compensation as defined by paragraph (18) of Section
19891989 902 of this title.
19901990 (4) Provided, further, any member who has elected a vested
19911991 benefit pursuant to Section 917 of this title shall be entitled to
19921992 receive benefits as outlined in this section exce pt the percent
19931993 factor and the member 's maximum compensation level in effect the
19941994 date the member's employment was terminated with a participating
19951995 employer shall be applicable.
19961996 (5) Any member who is a correctional officer or a probation and
19971997 parole officer employed by the Department of Corrections at the time RBH No. 5558
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20242024 of retirement and who retires on or before June 30, 2000, shall be
20252025 entitled to receive an annu al retirement benefit equal to tw o and
20262026 one-half percent (2 1/2%) of the f inal average compensation of the
20272027 member not to exceed Twenty -five Thousand Dollars ($25,000.00) and
20282028 two percent (2%) of the final average salary in excess of Twenty-
20292029 five Thousand Dollars ($25,000.00) but not exceedin g the maximum
20302030 compensation level as prov ided in paragraph (9) of Section 902 of
20312031 this title, multiplied by the number of years of service as a
20322032 correctional officer or a probation and pa role officer; provided,
20332033 any years accrued prior to July 1, 1990, as a co rrectional officer
20342034 or a probation and pa role officer by a member who is empl oyed as a
20352035 correctional officer or a probation and parole officer on July 1,
20362036 1990, shall be calculated for re tirement purposes at two and one -
20372037 quarter percent (2 1/4%) of the final a verage compensation of the
20382038 member not to exceed Twenty-five Thousand Dollars ($25,000.00) and
20392039 two percent (2%) of the final average salary in excess of Twe nty-
20402040 five Thousand Dollars ($2 5,000.00) but not exceeding the maximum
20412041 compensation level as provided i n paragraph (9) of Section 902 of
20422042 this title, multiplied by the number of ye ars of such service and
20432043 any years in excess of twenty (20) years as such an off icer or years
20442044 credited to the member in accordance with the provisio ns of Section
20452045 913 of this title shall be calculated for retirement purpos es at two
20462046 percent (2%) of the final average compensation of the member
20472047 multiplied by the number of years of such se rvice. Any person who RBH No. 5558
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20742074 contributes to the System as a correctional o fficer or a probation
20752075 and parole officer as provided in paragraph (b) or (c) of subsection
20762076 (1) of Section 919.1 of this title, on or before June 30, 2000, but
20772077 who does not make such contri butions after June 30, 2000, and who
20782078 does not qualify for normal ret irement under subparagraph (c) of
20792079 paragraph (24) of Section 902 of this t itle shall have retirement
20802080 benefits for each year of full -time-equivalent participating service
20812081 as a correctional or a probation and parole offi cer after July 1,
20822082 1990, computed on two and one-half percent (2 1/2%) of the final
20832083 average compensation based up on those years as a correctional
20842084 officer or a probation and parole officer. Provided, further, any
20852085 fugitive apprehension agent shall be entitle d to receive benefits as
20862086 outlined in this act for service as a fugitive apprehension agent
20872087 prior to July 1, 2002 , only upon payment to the System of the
20882088 employee contributions which would have been paid if such fugitive
20892089 apprehension agent had been covered by this section prior to the
20902090 effective date of this act, plus interest o f not to exceed ten
20912091 percent (10%) as det ermined by the Board. The Departmen t of
20922092 Corrections may make the employee contribution and interest payment
20932093 on behalf of such member.
20942094 (6) Any member who is a correctional officer, a probation and
20952095 parole officer or a fugitive apprehension agent employed b y the
20962096 Department of Corrections at t he time of retirement whose first
20972097 participating service occurs prior to Novembe r 1, 2024, and who RBH No. 5558
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21242124 retires on or after July 1, 2002, shall be entitled to receive an
21252125 annual retirement benefit equal to two and one-half percent (2 1/2%)
21262126 of the final average compensation of the member, but not exceeding
21272127 the maximum compensation level as p rovided in paragraph (18) of
21282128 Section 902 of this title, multiplied by the number of years of
21292129 service as a correctiona l officer, a probation and parole officer or
21302130 a fugitive apprehension agent, and any years in excess of twenty
21312131 (20) years as such an officer or agent, or years credited to the
21322132 member in accordance with the provisions of Section 913 of this
21332133 title, shall be calculated for retirement purposes at two percent
21342134 (2%) of the final average compensation of the member multiplied by
21352135 the number of years of such service. For purposes o f this
21362136 paragraph, "final average compensation " shall be determined by
21372137 computing the average annual salary, in the manner prescribed by
21382138 paragraph (18) of Section 902 of this title, for the highest three
21392139 (3) years of the last ten (10) years of participating service
21402140 immediately preceding retirement or termination of employment for
21412141 all years of service performed by such member, both for years of
21422142 service performed as a correctional officer, probation and parole
21432143 officer or fugitive ap prehension agent, not in exce ss of twenty (20)
21442144 years, and for years of service performed in excess of twenty (20)
21452145 years, whether as a correctional officer, probation and parole
21462146 officer, fugitive apprehension agent or other position unless the
21472147 computation of benefits would result in a lower retirement benefit RBH No. 5558
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21742174 amount than if final average compensation were to be computed a s
21752175 otherwise provided by this paragraph. "Final average compensation"
21762176 shall be determined by computing the average annual salary for the
21772177 highest five (5) of the last te n (10) years of participating service
21782178 immediately preceding retirement or termination of employment, with
21792179 respect to members whose first par ticipating service occurs on or
21802180 after July 1, 2013.
21812181 (7) Any member who is a correction al officer, a probation and
21822182 parole officer or a fugitive apprehension agent who has at least
21832183 five (5) years of servic e as a correctional officer, a probation and
21842184 parole officer or a fugitive apprehension agent who is in such
21852185 position on June 30, 2004, and whose first participating ser vice
21862186 occurs prior to November 1, 20 24, or who is hired after June 30,
21872187 2004, but prior to November 1, 2024, in such position, and who
21882188 receives a promotion or change in job classification after June 30,
21892189 2004, to another position in the Department of Corrections, and who
21902190 is employed by the Department of Corrections at the time of
21912191 retirement and who retires on or after July 1, 2004, shall be
21922192 entitled to receive an annual retirement benefit equal to two and
21932193 one-half percent (2 1/2%) of the final average compensation of the
21942194 member, but not exceeding the maximum compensation level as provided
21952195 in paragraph (18) of Section 90 2 of this title, multiplied by the
21962196 number of years of service with the Department of Corrections a nd
21972197 any years in excess of twenty (20) years with the Department or RBH No. 5558
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22242224 years credited to the member in accordance with the provisions of
22252225 Section 913 of this title , shall be calculated for retirement
22262226 purposes at two percent (2%) of the final average compensatio n of
22272227 the member multiplied by the number of years of such service. For
22282228 purposes of this paragraph, "final average compensation " shall be
22292229 determined by comput ing the average annual salary, in th e manner
22302230 prescribed by paragraph (18) of Section 902 of this t itle, for the
22312231 highest three (3) years of the last ten (10) years of participating
22322232 service immediately preceding retirement or terminat ion of
22332233 employment for all years of service performed by such member with
22342234 the Department. "Final average compensation " shall be determined by
22352235 computing the average annual salary for the highest five (5) of the
22362236 last ten (10) years of participating service i mmediately preceding
22372237 retirement or termination of employment , with respect to members
22382238 whose first participating service oc curs on or after July 1, 2013.
22392239 (8) Any person who contributed to the System as a correctional
22402240 officer, a probation and parole officer or a fugitive apprehens ion
22412241 agent as provided in paragraph ( b) or (c) of subsection (1) of
22422242 Section 919.1 of this title, whose first participating service
22432243 occurs prior to November 1, 2024, and who retires under normal
22442244 retirement or early retirement on or af ter January 1, 2004, under
22452245 paragraph (24) of Section 902 of this title, and any public safety
22462246 officer described by paragraph (37) of Sectio n 902 of this title
22472247 hired on or after the effective date of this act by the Grand Ri ver RBH No. 5558
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22742274 Dam Authority and who retires on or after the effecti ve date of this
22752275 act, shall have reti rement benefits for each year of full -time-
22762276 equivalent participating service as a correctional officer, a
22772277 probation and parole offi cer or a fugitive apprehension ag ent, or
22782278 Grand River Dam public sa fety officer computed on two and one-half
22792279 percent (2 1/2%) of the final average compensation based upon those
22802280 years as a correctional offic er, a probation and parole of ficer, a
22812281 fugitive apprehension agent or a Grand River D am public safety
22822282 officer. For purposes of this paragraph , "final average
22832283 compensation" shall be determined by computing the average annual
22842284 salary, in the manner prescribed by paragraph (18) of Section 902 of
22852285 this title, for the highest three (3) years of the last ten (10)
22862286 years of participating service immediat ely preceding retirement or
22872287 termination of employment for all years of service performed by such
22882288 member, both for years of service performed as a correctional
22892289 officer, probation and parole officer or fugitive apprehension
22902290 agent, or years of service perform ed as a Grand River Dam public
22912291 safety officer, not in excess of twenty (20) years, and for years of
22922292 service performed in excess of twenty (20) y ears, whether as a
22932293 correctional officer, probation and parole officer, fugitive
22942294 apprehension agent, Grand River Dam public safety officer, or other
22952295 position unless the computation of benefits would result in a lower
22962296 retirement benefit amount than if final average compensation w ere to
22972297 be computed as otherwise p rovided by this paragraph. "Final average RBH No. 5558
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23242324 compensation" shall be determined by computing the average annual
23252325 salary for the highest five (5) of the last ten (10) years of
23262326 participating service immediat ely preceding retireme nt or
23272327 termination of employment, with respect to members whose fir st
23282328 participating service occurs on or after July 1, 2013, or with
23292329 respect to Grand River Dam public safety officers whose first
23302330 participating service occurs on or after the effective date of this
23312331 act.
23322332 (9) Any member who is :
23332333 a. initially on or after July 1 , 2002, employed as a
23342334 firefighter for the Oklahoma Military Department and
23352335 who retires on or after the member 's normal retirement
23362336 date shall be entitled to receive an a nnual retirement
23372337 benefit equal to two and one -half percent (2 1/2%) of
23382338 the final average compensation of the mem ber
23392339 multiplied by the number of year s of service in such
23402340 service,
23412341 b. (1) a firefighter who performs firefighting se rvices
23422342 for the Oklahoma Milit ary Department prior t o
23432343 July 1, 2002, and who makes an election in
23442344 writing on a form pre scribed for this purpose by
23452345 the System not later than Decemb er 31, 2002,
23462346 shall be entitled to receive a retirement benefit
23472347 based upon two and one-half percent (2 1/2%) of RBH No. 5558
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23742374 the final average compensation of the member
23752375 multiplied by the number of years of ser vice as a
23762376 firefighter with the Oklahoma Military Department
23772377 on or after July 1, 2002. The election
23782378 authorized by this subdivision shall be
23792379 irrevocable once the electio n is filed with the
23802380 System,
23812381 (2) a firefighter who perfo rms firefighting services
23822382 for the Oklahoma Military Depar tment prior to
23832383 July 1, 2002, and who makes the election in
23842384 division (1) of this subparagraph may also make
23852385 an election in writing on a form pres cribed for
23862386 this purpose by the System not later than
23872387 December 31, 2002, to receive a ret irement
23882388 benefit based upon two and one-half percent (2
23892389 1/2%) of the final average compensation of the
23902390 member multiplied by the number of ye ars of
23912391 service as a firefight er with the Oklahoma
23922392 Military Department prior to July 1, 2002. The
23932393 election authorized by this subdivision sha ll be
23942394 irrevocable once the election is filed with the
23952395 System. Retirement benefits shall be calculated
23962396 based upon the two and one-half percent (2 1/2%) RBH No. 5558
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24232423 multiplier upon payment being made pursuant to
24242424 Section 913.5 of this title.
24252425 (10) Any person who contrib utes to the System as a deputy
24262426 sheriff or county jailer as provided in paragraph (f) of subsection
24272427 (1) of Section 919.1 of this title, and who r etires under normal
24282428 retirement or early retirement unde r division (v) of subparagraph
24292429 (d) of paragraph (24) of S ection 902 of this title, shall have
24302430 retirement benefits for each year of full -time-equivalent
24312431 participating servic e as a deputy sheriff or coun ty jailer computed
24322432 on two and one-half percent (2 1/2%) of the final average
24332433 compensation based upon those years as a deputy sheriff or county
24342434 jailer, and any years in excess of twenty (20) years as a deputy
24352435 sheriff or county jailer, or years credited to the member in
24362436 accordance with the provisions of Section 913 of this title, shall
24372437 be calculated for retirement pur poses at two percent (2%) of the
24382438 final average compensation of the member multiplied by the number of
24392439 years of such service. For purposes of this paragraph, "final
24402440 average compensation" shall be determined by computing the average
24412441 annual salary, in the ma nner prescribed by paragraph (18) of Section
24422442 902 of this title, both for years of service performed as a deputy
24432443 sheriff or county jailer not in excess of twenty (20) years, and for
24442444 years of service performed in excess of twenty (20) years, whether
24452445 as a deputy sheriff or county jailer. RBH No. 5558
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24722472 (11) Upon death of a retiree, there shall be paid to his or her
24732473 beneficiary an amoun t equal to the excess, if any , of his or her
24742474 accumulated contributions over the sum of all retirement benefit
24752475 payments made.
24762476 (12) Such annual retirement benefits shall be paid in equal
24772477 monthly installments, except that the Board may provide for the
24782478 payment of retirement benefits whic h total less than Two Hundred
24792479 Forty Dollars ($240.00) a year on other than a monthly bas is.
24802480 (13) Pursuant to th e rules established by the Board, a retiree
24812481 receiving monthly benefits from the System may authorize warrant
24822482 deductions for any products current ly offered to active s tate
24832483 employees through the Employ ees Benefits Council, provided th at
24842484 product is offered to state retirees as a group and has a minimum
24852485 participation of five hundred state retirees. The System has no
24862486 responsibility for the marketing, enrolling or administr ation of
24872487 such products, but shall retain a processing fee of two p ercent (2%)
24882488 of the gross deductions for the products. Retir ement benefit
24892489 deductions shall be made for membership dues for any statewide
24902490 association for which payroll deductions are authoriz ed pursuant to
24912491 subsection B of Section 34.70 of Title 62 of the Ok lahoma Statutes
24922492 for retired members of any state -supported retirement system, upon
24932493 proper authorization given by the member to the board fr om which the
24942494 member or beneficiary is currently rec eiving retirement benefits. RBH No. 5558
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25212521 B. A member shall be considered disab led if such member
25222522 qualifies for the payment of Social Secur ity disability benefits, or
25232523 the payment of benefits pursuant to the Railroad Re tirement Act of
25242524 1974, Section 231 et seq. of Title 45 of the United States Code, and
25252525 shall be eligible for benefits h ereunder upon proof of s uch
25262526 disability, provided such member is an active regularly scheduled
25272527 employee with a participating employer at the time of injury or
25282528 inception of illness or disease resulting in subsequent
25292529 certification of eligibility for Social Se curity disability benefi ts
25302530 by reason of such injury, illness or disease, providing such
25312531 disability is certified by the Social Security Admi nistration within
25322532 one (1) year after the last date physically on the job and after
25332533 completion of at least eight (8) y ears of participating se rvice or
25342534 combined prior and particip ating service or resulting in subsequent
25352535 certification of eligibility of disabi lity by the Railroad
25362536 Retirement Board providing suc h certification is made by the
25372537 Railroad Retirement Board within on e (1) year after the las t date
25382538 physically on the job and aft er completion of at least eight (8)
25392539 years of participating service or combined prior and participating
25402540 service. The member shall submit to the Retirement System t he
25412541 Social Security Award Notice o r the Railroad Retiremen t Award Notice
25422542 certifying the date o f entitlement for disability benefits, as
25432543 issued by the Social Security Adminis tration, Department of Health
25442544 and Human Services or the Railroad Retirement Board. Disability RBH No. 5558
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25712571 benefits shall become effective on the date of entitlement as
25722572 established by the S ocial Security Administration or the Railroad
25732573 Retirement Board, but not before the first day of the month
25742574 following removal from t he payroll, whichever is later, a nd final
25752575 approval by the Retireme nt System. Benefits sha ll be based upon
25762576 length of service and compensation as of the date of disability,
25772577 without actuarial reduction becau se of commencement prior to t he
25782578 normal retirement date. The only optional form of b enefit payment
25792579 available for disability benefits is Optio n A as provided for in
25802580 Section 918 of this title. Option A must be elected in accordance
25812581 with the provisions of Se ction 918 of this title. Benefit payments
25822582 shall cease upon the member's recovery from disability prior to the
25832583 normal retirement date. Futur e benefits, if any, shall be paid
25842584 based upon length of service and compensation as of the date of
25852585 disability. In the event that disability ceas es and the member
25862586 returns to employment within the Syst em credited service to the date
25872587 of disability shall be re stored, and future benefits shall be
25882588 determined accordingly.
25892589 C. A member who incurred a disability pursuant to sub section B
25902590 of this section on or after July 1, 1999, and who has retired from
25912591 the System with an early retirement bene fit pending certificatio n
25922592 from the Social Security Administr ation or the Railroad Retirement
25932593 Board shall receive a retirement benefit not l ess than the
25942594 disability retirement benefit provided by subsection B of this RBH No. 5558
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26212621 section once the System receives a Social Security Award Notice o r a
26222622 Railroad Retirement Award Notice pursuant to subsection B of this
26232623 section and a completed Application for Disab ility Benefits. In
26242624 addition, such member shall rec eive the difference, if any, betw een
26252625 the early retirement benefit and the disability benef it from the
26262626 date the Social Security Administration or the Railroad Retirement
26272627 Board establishes disability entitle ment.
26282628 D. Any actively participating member of the System on or after
26292629 July 1, 1998, except for those employees provid ed in subparagraph
26302630 (e) of paragraph (14) of Section 902 of t his title, whose employment
26312631 is less than full-time, shall have his or her final average
26322632 compensation calcula ted on an annualized b asis using his or her
26332633 hourly wage subject to the maximum compensat ion limits; provided,
26342634 however, any such member whose first p articipating service occurred
26352635 before July 1, 2013, and who has at least three ( 3) years of full-
26362636 time employment during the last te n (10) years immediately precedin g
26372637 termination or retirement shall not be eligible for the
26382638 annualization provisions contained herein; and provided further, any
26392639 such member whose first participating service occurred on or after
26402640 July 1, 2013, and who has at least five (5) years of full -time
26412641 employment during the last ten ( 10) years immediately pr eceding
26422642 termination or retirement sh all not be eligible for the
26432643 annualization provisions contained herein. The Boa rd of Trustees RBH No. 5558
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26702670 shall promulgate such administrative rules as are necessary to
26712671 implement the provisions of this subsec tion.
26722672 SECTION 4. AMENDATORY 74 O.S . 2021, Section 916.3, is
26732673 amended to read as follows:
26742674 Section 916.3 A. Notwithstanding the provisions of Sections
26752675 901 through 932 of this title, a monthly pension, as provide d in
26762676 subsection B of this section, shall be paid on behalf of any member
26772677 who is a correctional officer or probation and parole officer of the
26782678 Department of Corrections and who is killed or mortally wounded on
26792679 or after January 1, 2000, but prior to November 1, 2024, during the
26802680 performance of the member's duties for the Department or an y
26812681 employee of the Department of Corrections who is killed or mortally
26822682 wounded after June 30, 2004, during the performance of the member 's
26832683 duties for the Department. The monthly pension describe d in this
26842684 section shall be paid on behalf of any member first hired by any
26852685 county that is a participating employer in the System as a deputy
26862686 sheriff or jailer on or after November 1, 2020, and who is killed or
26872687 mortally wounded during the performance of the member's duties as a
26882688 deputy sheriff or jailer.
26892689 B. The monthly benefit shall be equal to:
26902690 1. Two and one-half percent (2 1/2%);
26912691 2. Multiplied by twenty (20) years of service, regardl ess of
26922692 the actual number of years of credited service performed by the
26932693 member prior to death, if the member had performed less than t wenty RBH No. 5558
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27202720 (20) years of credited service, or the actual number of years of
27212721 credited service of the member if greater than twent y (20) years;
27222722 3. Multiplied by the member 's final average compensation ; and
27232723 4. Divided by 12.
27242724 C. The pension provided for in subse ction A of this section
27252725 shall be paid:
27262726 1. Except as provided in subsection D of this section, to the
27272727 surviving spouse for life; or
27282728 2. If there is no surviving spouse or upon the death of the
27292729 surviving spouse:
27302730 a. to the surviving child or children of said member or
27312731 legal guardian of such child or children for such time
27322732 as such child or children are under the age of
27332733 eighteen (18) years, or
27342734 b. to the surviving child or children between the age of
27352735 eighteen (18) and twenty-two (22) years if the child
27362736 is enrolled full time in and is regularly attending a
27372737 public or private school or any institution of higher
27382738 education.
27392739 D. No surviving spouse shall receive benefits from this
27402740 section, Section 49-113 of Title 11 of the Oklahoma Statutes,
27412741 Section 50-117 of Title 11 of the Oklahoma Statutes, or Section 2 -
27422742 306 of Title 47 of the Oklahoma Statutes as the surviving spouse of
27432743 more than one member of the Oklahoma Firefighters Pension and RBH No. 5558
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27702770 Retirement System, the Ok lahoma Police Pension and Retirement
27712771 System, the Oklahoma Law Enforcement Retirement System, or the
27722772 Oklahoma Public Employees Retirement System. The surviving spouse
27732773 of more than one member shall elect which member 's benefits he or
27742774 she will receive.
27752775 E. In addition to the pension above provided for, if said
27762776 member leaves one or more children under the age of eighteen (18)
27772777 years or under the age of twenty -two (22) years if the child is
27782778 enrolled full-time in and is regularly attending a public or private
27792779 school or any institution of higher education, Four Hundred Dolla rs
27802780 ($400.00) a month shall be paid to the surviving spouse or to the
27812781 person having the care and custody of such children if there is no
27822782 surviving spouse or if the surviving spouse dies and until each
27832783 child reaches the age of eighteen (18) years or reaches the age of
27842784 twenty-two (22) years if the child is enrolled full -time in and is
27852785 regularly attending a public or private schoo l or any institution of
27862786 higher education.
27872787 F. The pension benefit provi ded in this section shall be made
27882788 prospectively only from the effective date of this act. The
27892789 benefits shall be payable beginning the later of the first day of
27902790 the month following the date that such employee was killed or dies
27912791 from a mortal wound, as prov ided in this section, or the effective
27922792 date of this act. RBH No. 5558
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28192819 G. The Board of the Oklahoma Public Employees Retirement System
28202820 shall promulgate such rules as are necessary to implement the
28212821 provisions of this section.
28222822 SECTION 5. AMENDATORY 74 O.S. 2021, Section 919.1, is
28232823 amended to read as follows :
28242824 Section 919.1 (1) Employee contributions to the System shall
28252825 be:
28262826 (a) for employees except as otherwise pro vided in
28272827 paragraphs (b), (c), (d), (e), (f) and (g) of this
28282828 subsection: beginning Jul y 1, 2006, and thereafte r,
28292829 three and one-half percent (3.5%) of allowable annual
28302830 compensation;
28312831 (b) for correctional officers and probation and parole
28322832 officers employed by the Department of Cor rections
28332833 prior to November 1, 2024: beginning July 1, 1998,
28342834 and thereafter, and for correctional officers or
28352835 probation and parole officers who are in such position
28362836 on June 30, 2004, but prior to November 1, 2024 , or
28372837 who are hired after June 30, 2004, but prior to
28382838 November 1, 2024, and who receive a promotion or
28392839 change in job classification a fter June 30, 2004, to
28402840 another position in the Department of Corrections, so
28412841 long as such officers have at least five (5) years of
28422842 service as a correctional officer or probation and RBH No. 5558
28432843
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28692869 parole officer, eight percent (8%) of allow able
28702870 compensation as provided i n paragraph (9) of Section
28712871 902 of this title;
28722872 (c) for fugitive apprehension agents who are employed with
28732873 the Department of Corrections on or after July 1,
28742874 2002, but prior to November 1, 20 24, and for fugitive
28752875 apprehension agents who are in such position on June
28762876 30, 2004, or who are hired aft er June 30, 2004, but
28772877 prior to November 1, 2024 , and who receive a promotion
28782878 or change in job classification a fter June 30, 2004,
28792879 to another position in the Department of Corrections,
28802880 so long as such agents have at least five (5) years of
28812881 service as a fugitive apprehension agent, eight
28822882 percent (8%) of allowable compensation as provided in
28832883 paragraph (9) of Section 902 of this title;
28842884 (d) for firefighters of the Oklahoma Military Department
28852885 first employed beginning July 1, 2 002, and thereafter,
28862886 and such firefighters who performed service prior to
28872887 July 1, 2002, for the Oklahoma Military Department and
28882888 who make the election authorized by division (1) of
28892889 subparagraph b of paragraph (9) of subsection A of
28902890 Section 915 of this titl e who perform service on or
28912891 after July 1, 2002, in such capacity, eight percent RBH No. 5558
28922892
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29182918 (8%) of allowable compensation as provided in
29192919 subsection (9) of Se ction 902 of this title;
29202920 (e) for all public safety officers of the Grand River Dam
29212921 Authority as defined by par agraph (37) of Section 902
29222922 of this title, eight percent (8%) of allowable
29232923 compensation as provided in paragraph (9) of Section
29242924 902 of this title;
29252925 (f) for deputy sheriffs and county jailers employed by any
29262926 county that is a participat ing employer in the Syst em
29272927 for the first time as a depu ty sheriff or jailer on or
29282928 after November 1, 2020, eigh t percent (8%) of
29292929 allowable compensation as provided in para graph (9) of
29302930 Section 902 of this title; an d
29312931 (g) for all employees except those who mak e contributions
29322932 pursuant to paragraphs (b), (c), (d), ( e) and (f) of
29332933 this subsection who make an irrevocable w ritten
29342934 election pursuant to paragraph (2) of subsection A of
29352935 Section 915 of this title: six and forty -one one-
29362936 hundredths percent (6.41%) of allow able annual
29372937 compensation.
29382938 The contributions required by paragraphs (b), (c), (e), and (f)
29392939 of this subsection s hall be made by a member for not more than
29402940 twenty (20) years and thereafter shall be as provided in pa ragraph
29412941 (a) of this subsection. RBH No. 5558
29422942
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29682968 (2) Contributions shall be deducted by each state agency by the
29692969 participating employer for such benefits as the Board is authorized
29702970 to administer as provided for by law. Employee a nd employer
29712971 contributions shall be remitte d monthly, or as the Board may
29722972 otherwise provide, to the Executive D irector for deposit in the
29732973 Oklahoma Public Employees Retirement Fund.
29742974 (3) Each participating employer shall pick up under the
29752975 provisions of Section 414(h)(2) of the Internal Revenue Code of 1986
29762976 and pay the contribution which the m ember is required by law to make
29772977 to the System for all compensation earned after December 31, 1988.
29782978 Although the contributions so picked up are designated as member
29792979 contributions, such contributions shall be tre ated as contributions
29802980 being paid by the part icipating employer in li eu of contributions by
29812981 the member in determining tax treatment under the Internal Reve nue
29822982 Code of 1986 and such picked up contributions shall not be
29832983 includable in the gross income of the m ember until such amounts are
29842984 distributed or made available to the me mber or the beneficiary of
29852985 the member. The member, by the terms of this System, shall not have
29862986 any option to choose to receive the contributions so picked up
29872987 directly and the picked up co ntributions must be paid by the
29882988 participating employer to the System .
29892989 Member contributions which ar e picked up shall be treated in the
29902990 same manner and to the same extent as member contributions made
29912991 prior to the date on which member contributions were pick ed up by RBH No. 5558
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30183018 the participating employer. Member contributions so picked up shall
30193019 be included in gross salary for purposes of determining benefits and
30203020 contributions under the System.
30213021 The participating employer shall pa y the member contributions
30223022 from the same source of funds used in paying salary to the member,
30233023 by effecting an equal cash reduction in gross s alary of the member.
30243024 (4) By September 1, 1989, the Sys tem shall refund the
30253025 accumulated employee contributions of a ny member who elects to
30263026 retain the member's membership in the Teachers ' Retirement System of
30273027 Oklahoma, in accordance with Section 17 -104 of Title 70 of the
30283028 Oklahoma Statutes, to such member. Upon the refund of the
30293029 accumulated employee contributions referr ed to in this subsection,
30303030 all benefits and rights accrued to such member are terminate d.
30313031 SECTION 6. This act shall become effecti ve November 1, 2024.
30323032
30333033 59-1-5558 CMA 01/13/23
30343034
30353035 THOMAS E. CUMMINS CONSULTING ACTUARY, INC.
30363036 2512 E. 71
30373037 st
30383038 Street , Suite D ∙ Tulsa, Oklahoma 74136
30393039 (918) 492-9658 ∙ (918) 492- 9659
30403040
30413041
30423042
30433043
30443044
30453045 January16, 2023
30463046
30473047
30483048
30493049 Representative Justin Humphrey
30503050 Room 301
30513051
30523052
30533053 Re: RBH No. 5558
30543054
30553055
30563056 RBH No. 5558 would change the definition of Oklahoma Law Enforcem ent
30573057 Retirement System eligible employee to include Correction Officer
30583058 Probation and Parole Officer and Fugitive Appr ehension Agent hired
30593059 by the Department of Corrections after 10/31/2024.
30603060
30613061 Currently such officers would become participants in OPERS with an
30623062 increased benefit schedule similar to OLERS benefits.
30633063
30643064
30653065
30663066
30673067 RBH No. 5558 is a fiscal bill as defined by OPLAAA .
30683068
30693069
30703070 I am a member of the American Academy of Actuaries and meet the
30713071 Qualification Standards of the American Academy of Actuaries to
30723072 render the actuarial opinion herein.
30733073
30743074
30753075 Thomas E. Cummins
30763076
30773077 Thomas E. Cummins, MAAA
30783078
30793079