Oklahoma 2023 Regular Session

Oklahoma House Bill HB2592 Latest Draft

Bill / Introduced Version Filed 01/19/2023

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