RBS No. 1180
SENATE FLOOR VERSION - SB1095 SFLR Page 1
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SENATE FLOOR VERSION
February 22, 2023
SENATE BILL NO. 1095 By: Green of the Senate
and
Newton of the House
[ Oklahoma Police Pension and Retirement System -
eligibility - officers - accrual - codification -
effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2021, Secti on 50-112, is
amended to read as follows:
Section 50-112. A. All persons employed as full -time duly
appointed or elected officer s who are paid for working more than
twenty-five (25) hours per w eek or any person hired by a
participating municipality wh o 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 such persons shall submit to a physical -medical
examination pertaining to sight, hearing, agility and other
conditions, the requirements of wh ich shall be established by the RBS No. 1180
SENATE FLOOR VERSION - SB1095 SFLR Page 2
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
State 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 ident ify 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 fi nal
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.
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 membe r of the System and make an election RBS No. 1180
SENATE FLOOR VERSION - SB1095 SFLR Page 3
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
to 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 terminates from covered
employment and who has neither retired from the Sys tem nor entered
the Oklahoma Police Deferred Option Plan and is lat er employed in a
covered position with a participating municipali ty shall not be
denied eligibility to become a member 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 contra ry,
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
Police Pension and Retirement System, but such police officer and
are actively receiving retirement benefits . A retired police
officer employed under this subsection shall not be eligible to RBS No. 1180
SENATE FLOOR VERSION - SB1095 SFLR Page 4
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
participate accrue further years of service in the System. Such
police officer shall be counted in the limitation imposed by this
subsection. Notwithstanding any other prov isions of law, the State
Board shall be granted access to information concernin g a list of
actively working police officers within the municipal ities and
agencies under the purview provided by the 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 Decennial 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.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
February 22, 2023 - DO PASS