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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 1095 By: Green
AS INTRODUCED
An Act relating to Oklahoma Police Pension and
Retirement System; amending 11 O.S. 2021 , Section 50-
112, which relates to eligibility for membership in
system; allowing municipalities under certain
population to hire certain retired police officers ;
prohibiting further accrual for certain officers;
allowing for retirees of certain pension systems to
be hired as police officers under certain
circumstances without entran ce into system; updating
statutory language; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2021, Section 50-112, is
amended to read as follows:
Section 50-112. A. All persons employed as full -time duly
appointed or elected officers who are paid for working more than
twenty-five (25) hours per w eek or any person hired by a
participating municip ality who is undergoing police training to
become a permanent police officer of the municipality shall
participate in the Oklahoma Police Pension and Retirement System
upon initial employment with a police department of a participatin g
municipality. All s uch persons shall submit to a physical -medical
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examination pertaining to sight, hearing, agility and other
conditions, the requirements of which shall be established by the
State Board Oklahoma Police Pensi on and Retirement Board (“State
Board”). The person shall be required to complete this physical -
medical examination prior t o the beginning of actual employmen t.
This examination shall identify any preexisting conditions. Except
as otherwise provided in this section, a police offic er shall be not
less than twenty-one (21) nor more than forty -five (45) years of age
when accepted for membership in the System. H owever, if a
municipality should be found to be in noncompliance with the
provisions of Article 5 0 of this title, as determin ed by the State
Board, then any current full -time active police officer employed by
a municipality as of July 1, 2001, shall not be denied eligibility
to participate in the Oklahoma Police Pension and Retirement System
solely due to age. The State Board s hall have authority to deny or
revoke membership of any person submitting false information in s uch
person’s membership application . The State Board shall have final
authority in determining eligibility for membership in the Sy stem,
pursuant to the provis ions of this article.
B. The police chief of any participating municipality may be
exempt from membership in the System or may bec ome a member provided
the member is not a retired member and the requirements of this
section are met at the time of employme nt.
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C. A member of the System who has attained his or her normal
retirement date may, if the me mber so elects, agree to terminate
employment and retire as a member of the System and make an election
to receive distributions fro m the System. If a retired member is
reemployed by a participating municipality in the position of police
chief or in a position which is not covered by the S ystem,
retirement shall include receipt by such retired member of in -
service distributions from t he System.
D. A former member of the System who t erminates from covered
employment and who has neither retired from the Sys tem nor entered
the Oklahoma Police Deferred Option Plan and is later employed in a
covered position with a participating municipali ty shall not be
denied eligibility to become a mem ber of the System because he or
she is forty-five (45) years of age or old er. If such member has
withdrawn his or her contributions prior to re -entering the System
and the member desires to receive credit for such prior service,
then the member shall pay back such contributions and interest
pursuant to Section 50 -111.1 of this title.
E. Notwithstanding any othe r provision of law to the contrary,
a municipality that employs two (2) or fewer full -time police
officers with a population of four thousand (4,000) or less,
according to the lat est Federal Decennial Cen sus, may employ a
police officer a retired police officer who is more than forty -five
(45) years of age and who has never participated in the Oklahom a
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Police Pension and Retirement System, and are actively receiving
retirement benefits. but such police officer A retired police
officer employed under this subsection shall not be eligible to
participate accrue further years of service in the System. Such
police officer shall be counted in the limitati on imposed by this
subsection. Notwithstanding any other prov isions of law, the State
Board shall be granted access to information concerning a list of
actively working police officers within the municipal ities and
agencies under the purview provided by t he Council on Law
Enforcement Education and Training.
SECTION 2. NEW LAW A n ew section of law to be codified
in the Oklahoma Statutes as Section 50-112.1 of Title 11, unless
there is created a duplication in numbering, reads as follows:
Notwithstanding any other provision of law, any person who is
actively receiving retirement ben efits from a state pension system
may be hired by a municipality with a population of four thousand
(4,000) or less, according to the latest Federal Decenni al Census,
to fulfill the duties and obligations of a police officer. Such
persons shall not be subject to the requirements and obligations of
the Oklahoma Police Pension Retirement System and shall not be
eligible to enter into the System.
SECTION 3. This act shall become effective November 1, 2023.
59-1-1180 RD 1/19/2023 2:32:42 PM