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| 65 | + | An Act relating to Oklahoma Police Pension and |
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| 66 | + | Retirement System; amending 11 O.S. 2021 , Section 50- |
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| 67 | + | 112, which relates to eligibility for membership in |
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| 68 | + | system; allowing municipalities under certain |
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| 69 | + | population to hire certain retired police officers ; |
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| 70 | + | prohibiting further accrual for certain officers; |
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| 71 | + | allowing for retirees of certain pension systems to |
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| 72 | + | be hired as police officers under certain |
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| 73 | + | circumstances without entran ce into system; updating |
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| 74 | + | statutory language; providing for codification; and |
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| 75 | + | providing an effective date. |
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| 48 | 76 | | |
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| 49 | 77 | | |
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| 50 | 78 | | |
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| 51 | 79 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 52 | 80 | | SECTION 1. AMENDATORY 11 O.S. 2021, Section 50-112, is |
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| 53 | 81 | | amended to read as follows: |
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| 54 | 82 | | Section 50-112. A. All persons employed as full -time duly |
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| 55 | 83 | | appointed or elected officers who are paid for working more than |
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| 56 | 84 | | twenty-five (25) hours per w eek or any person hired by a |
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| 57 | 85 | | participating municip ality who is undergoing police training to |
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| 58 | 86 | | become a permanent police officer of the municipality shall |
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| 59 | 87 | | participate in the Oklahoma Police Pension and Retirement System |
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| 60 | 88 | | upon initial employment with a police department of a participatin g |
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| 61 | 89 | | municipality. All s uch persons shall submit to a physical -medical |
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| 91 | 143 | | State Board Oklahoma Police Pensi on and Retirement Board (“State |
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| 92 | 144 | | Board”). The person shall be required to complete this physical - |
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| 93 | 145 | | medical examination prior t o the beginning of actual employmen t. |
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| 94 | 146 | | This examination shall identify any preexisting conditions. Except |
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| 95 | 147 | | as otherwise provided in this section, a police offic er shall be not |
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| 96 | 148 | | less than twenty-one (21) nor more than forty -five (45) years of age |
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| 97 | 149 | | when accepted for membership in the System. H owever, if a |
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| 98 | 150 | | municipality should be found to be in noncompliance with the |
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| 99 | 151 | | provisions of Article 5 0 of this title, as determin ed by the State |
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| 100 | 152 | | Board, then any current full -time active police officer employed by |
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| 101 | 153 | | a municipality as of July 1, 2001, shall not be denied eligibility |
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| 102 | 154 | | to participate in the Oklahoma Police Pension and Retirement System |
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| 103 | 155 | | solely due to age. The State Board s hall have authority to deny or |
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| 104 | 156 | | revoke membership of any person submitting false information in s uch |
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| 105 | 157 | | person’s membership application . The State Board shall have final |
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| 106 | 158 | | authority in determining eligibility for membership in the Sy stem, |
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| 107 | 159 | | pursuant to the provis ions of this article. |
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| 108 | 160 | | B. The police chief of any participating municipality may be |
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| 109 | 161 | | exempt from membership in the System or may bec ome a member provided |
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| 110 | 162 | | the member is not a retired member and the requirements of this |
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| 111 | 163 | | section are met at the time of employme nt. |
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| 142 | 218 | | to receive distributions fro m the System. If a retired member is |
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| 143 | 219 | | reemployed by a participating municipality in the position of police |
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| 144 | 220 | | chief or in a position which is not covered by the S ystem, |
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| 145 | 221 | | retirement shall include receipt by such retired member of in - |
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| 146 | 222 | | service distributions from t he System. |
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| 147 | 223 | | D. A former member of the System who t erminates from covered |
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| 148 | 224 | | employment and who has neither retired from the Sys tem nor entered |
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| 149 | 225 | | the Oklahoma Police Deferred Option Plan and is later employed in a |
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| 150 | 226 | | covered position with a participating municipali ty shall not be |
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| 151 | 227 | | denied eligibility to become a mem ber of the System because he or |
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| 152 | 228 | | she is forty-five (45) years of age or old er. If such member has |
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| 153 | 229 | | withdrawn his or her contributions prior to re -entering the System |
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| 154 | 230 | | and the member desires to receive credit for such prior service, |
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| 155 | 231 | | then the member shall pay back such contributions and interest |
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| 156 | 232 | | pursuant to Section 50 -111.1 of this title. |
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| 157 | 233 | | E. Notwithstanding any othe r provision of law to the contrary, |
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| 158 | 234 | | a municipality that employs two (2) or fewer full -time police |
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| 159 | 235 | | officers with a population of four thousand (4,000) or less, |
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| 160 | 236 | | according to the lat est Federal Decennial Cen sus, may employ a |
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| 161 | 237 | | police officer a retired police officer who is more than forty -five |
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| 162 | 238 | | (45) years of age and who has never participated in the Oklahom a |
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| 193 | 293 | | participate accrue further years of service in the System. Such |
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| 194 | 294 | | police officer shall be counted in the limitati on imposed by this |
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| 195 | 295 | | subsection. Notwithstanding any other prov isions of law, the State |
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| 196 | 296 | | Board shall be granted access to information concerning a list of |
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| 197 | 297 | | actively working police officers within the municipal ities and |
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| 198 | 298 | | agencies under the purview provided by t he Council on Law |
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| 199 | 299 | | Enforcement Education and Training. |
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| 200 | 300 | | SECTION 2. NEW LAW A n ew section of law to be codified |
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| 201 | 301 | | in the Oklahoma Statutes as Section 50-112.1 of Title 11, unless |
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| 202 | 302 | | there is created a duplication in numbering, reads as follows: |
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| 203 | 303 | | Notwithstanding any other provision of law, any person who is |
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| 204 | 304 | | actively receiving retirement ben efits from a state pension system |
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| 205 | 305 | | may be hired by a municipality with a population of four thousand |
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| 206 | 306 | | (4,000) or less, according to the latest Federal Decenni al Census, |
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| 207 | 307 | | to fulfill the duties and obligations of a police officer. Such |
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| 208 | 308 | | persons shall not be subject to the requirements and obligations of |
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| 209 | 309 | | the Oklahoma Police Pension Retirement System and shall not be |
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| 210 | 310 | | eligible to enter into the System. |
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| 211 | 311 | | SECTION 3. This act shall become effective November 1, 2023. |
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