Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB631 Compare Versions

Only one version of the bill is available at this time.
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5353 STATE OF OKLAHOMA
5454
5555 1st Session of the 59th Legislature (2023)
5656
5757 SENATE BILL 631 By: Montgomery
5858
5959
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6363 AS INTRODUCED
6464
6565 An Act relating to the Oklahoma Law Enforcement
6666 Retirement System; amending 47 O.S. 2021, Section 2-
6767 305, as amended by Section 2, Cha pter 255, O.S.L.
6868 2022 (47 O.S. Supp. 2022, Section 2 -305), which
6969 relates to retirement and retirement pay ; and
7070 reinstating certain annual retirement pay for certain
7171 members.
7272
7373
7474
7575 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
7676 SECTION 1. AMENDATORY 47 O.S. 2021, Section 2 -305, as
7777 amended by Section 2, Chapter 255, O.S.L. 2022 (47 O.S. Supp. 2022,
7878 Section 2-305), is amended to read as f ollows:
7979 Section 2-305. A. Except as otherwise provided in this title,
8080 at any time after attaining normal retirement date, any member of
8181 the Oklahoma Law Enforcement Retirement System upon appli cation for
8282 unreduced retirement be nefits made and approved, may retire, and,
8383 during the remainder of the member’s lifetime, receive annual
8484 retirement pay, payable in equal monthly payments, equal to two and
8585 one-half percent (2 1/2%) of the final average sa lary times years of
8686 credited service. If such retired member is reemployed by a state
8787 agency in a position which is not covered by the System, suc h
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139139 retired member shall continue to receive in -service distributions
140140 from the System. Prior to September 19, 2002, if such retired
141141 member was reemployed by a state agency in a position which is
142142 covered by the System, such member shall continue to receive i n-
143143 service distributions from the System and shall not a ccrue any
144144 further credited service . If such a member is reemployed by a state
145145 agency in a position which is covered by the System on or after
146146 September 19, 2002, such member ’s monthly retirement payme nts shall
147147 be suspended until such member retires and is not reemployed by a
148148 state agency in a position which is covered by the System.
149149 B. Beginning July 1, 1994, members who retired or were eligible
150150 to retire prior to July 1, 1980, or their surviving spou ses shall
151151 receive annual retirement pay, payable in equ al monthly payments,
152152 equal to the greater of their cur rent retirement pay, or two and
153153 one-half percent (2 1/2%) of the actual paid gross salary being
154154 currently paid to a highway patrol officer, at the time each such
155155 monthly retirement payment is made, mult iplied by the retired
156156 member’s years of credited servi ce.
157157 C. Except as otherwise provid ed by this subsection, members of
158158 the System whose salary is set by statute who have retired after
159159 completion of the mandatory twenty (20) years of service, and those
160160 members with statutory salaries who retire after reachi ng the
161161 mandatory twenty-year retirement shall receive an annual retirement
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213213 pay, payable in equal monthly installments, based upon the greater
214214 of either:
215215 1. The top base salary currently paid to the hig hest
216216 nonsupervisory position in the participating agen cy at the time each
217217 such monthly retirement payment is made, limited to the annual
218218 salary limit of the Economic Growth and Tax Relief Reconciliatio n
219219 Act of 2001, as described in paragraph 9 of Section 2 -300 of this
220220 title, multiplied by two and one -half percent (2 1/2%) multiplied by
221221 the number of years of credited service and fraction thereof for the
222222 following positions:
223223 a. Oklahoma Highway Patrolman ,
224224 b. Communications Dispatcher,
225225 c. Capitol Patrolman,
226226 d. Lake Patrolman, and
227227 e. Oklahoma State Bureau of Inve stigation - Special Agent
228228 or Criminalist; or
229229 2. The member’s final average salary as set forth in paragraph
230230 9 of Section 2-300 of this title, mult iplied by two and one -half
231231 percent (2 1/2%), and multip lied by the number of years of credited
232232 service and fraction thereof.
233233 No member of the System retired prior to July 1, 2002, shall
234234 receive a benefit less than the amount the member is receiving as of
235235 June 30, 2002.
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287287 The provisions of paragraph 1 of this sub section shall not be
288288 applicable to any member whose fi rst participating service with the
289289 System occurs on or after November 1, 2012, except for those members
290290 who died in the performance of their duties pursuant to Section 2 -
291291 306 of this title.
292292 D. Other members of the System whose retirement benefit is not
293293 otherwise prescribed by this section who have retired after
294294 completion of the mandatory twenty (20) years of service, and those
295295 members who retire after reaching the mandatory twenty -year
296296 retirement shall receive an annual retirement pay, payable in equal
297297 monthly payments, based upon the greater of either:
298298 1. The actual average salary currently paid to the highest
299299 nonsupervisory position in the part icipating agency at the time each
300300 such monthly payment is made, limited to the annual salary limit of
301301 the Economic Growth and Tax Relief Reconciliation Act of 20 01, as
302302 described in paragraph 9 of Section 2-300 of this title, multiplied
303303 by two and one-half percent (2 1/2%), multiplied by the number of
304304 years of credited service and fraction thereof for the following
305305 positions:
306306 a. Alcoholic Beverage Laws Enforcement Commission - ABLE
307307 Commission Agent III,
308308 b. Oklahoma State Bureau of Narcotics and Dangerous Dru gs
309309 Control - Narcotics Agent III,
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361361 c. Oklahoma Tourism and Recreation Department - Park
362362 Ranger II,
363363 d. State Board of Pharmacy - Pharmacy Inspector,
364364 e. University of Oklahoma - Police Officer, and
365365 f. Oklahoma State University - Police Officer; or
366366 2. The other member’s final average salary as set forth in
367367 paragraph 9 of Section 2-300 of this title, multiplied by two and
368368 one-half percent (2 1/2%), multiplied b y the number of years of
369369 credited service and fraction thereof.
370370 No member of the System retired prior to July 1, 2002, shall
371371 receive a benefit less than the amount the member is receiving as of
372372 June 30, 2002. The participating employer must certify to th e
373373 System in writing the actual average gross salary currently paid to
374374 the highest nonsupervisory positi on. The Board of Trustees shall
375375 promulgate such rules as are necessary to implement the provisions
376376 of this section.
377377 The provisions of paragraph 1 of th is subsection shall not be
378378 applicable to any member whose first participating service with the
379379 System occurs on or after May 24, 2013, except for those members who
380380 died in the performance of their duties pursuant to Section 2-306 of
381381 this title.
382382 E. A member who meets the definition of disability as defined
383383 in paragraph 11 of Section 2 -300 of this title by direc t reason of
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435435 the performance of the member’s duties as an officer shall re ceive a
436436 monthly benefit equal to:
437437 1. Two and one-half percent (2 1/2%);
438438 2. Multiplied by:
439439 a. twenty (20) years of credited service, if the member
440440 had performed less than twenty (20) years of credited
441441 service, notwithstanding the actual number of years of
442442 credited service performed by the member prior to the
443443 date of disability, or
444444 b. the actual number of years of credited service and
445445 fraction thereof performed by the member prior to t he
446446 date of disability, if the member had performed twenty
447447 (20) or more years of credited service;
448448 3. Multiplied by the greater of subparagraph a of this
449449 paragraph and division 1 of subparagraph b of this paragraph or
450450 division 2 of subparagraph b of this p aragraph, as applicable:
451451 a. the final average salary of the member, as se t forth
452452 in paragraph 9 of Section 2-300 of this title, and
453453 b. (1) the top base salary cur rently paid to the highest
454454 nonsupervisory position in the participating
455455 agency of the member at the time each monthly
456456 payment is made, limited to the a nnual salary
457457 limit of the Economic Growth and Tax Relief
458458 Reconciliation Act of 2001 described in paragraph
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510510 9 of Section 2-300 of this title, for the
511511 following positions:
512512 (a) Oklahoma Highway Patrolman,
513513 (b) Communications Dispatcher,
514514 (c) Capitol Patrolman,
515515 (d) Lake Patrolman, and
516516 (e) Oklahoma State Bureau of Investigation -
517517 Special Agent or Criminalist,
518518 Provided, the participating employe r must certify to
519519 the System in writing the top base s alary
520520 currently paid to the highest nonsupervisory
521521 position for division (1) of subparagraph b of
522522 this paragraph, or
523523 (2) the actual average salary currently paid to the
524524 highest nonsupervisory position in the
525525 participating agency of the membe r at the time
526526 each monthly payment is made, limited to the
527527 annual salary limit of the Economic Growth and
528528 Tax Relief Reconciliatio n Act of 2001, described
529529 in paragraph 9 of Section 2 -300 of this title,
530530 for the following positio ns:
531531 (a) Alcoholic Beverage Laws Enforcement (ABLE)
532532 Commission - ABLE Commission Agent III,
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584584 (b) Oklahoma State Bureau of Narcotics and
585585 Dangerous Drugs Control - Narcotics Agent
586586 III,
587587 (c) Oklahoma Tourism and Recreation Depar tment -
588588 Park Ranger II,
589589 (d) State Board of Pharmacy - Pharmacy
590590 Inspector,
591591 (e) University of Oklahoma - Police Officer, and
592592 (f) Oklahoma State University - Police Officer,
593593 Provided, the participating employer must certify to the System
594594 in writing the actual average gross salary currently pa id to the
595595 highest nonsupervisory position for division (2) of subparagraph b
596596 of this paragraph;
597597 4. No member of the System receiving benefits prescribed by
598598 this subsection who retired prior to July 1, 2002, shall receive a
599599 benefit of less than the amount th e member was receiving as of June
600600 30, 2002;
601601 5. The Board of Trustees shall promulgate rules as necessary to
602602 implement the provisions of this subsection ; and
603603 6. If such member participates in the Oklahoma Law Enforcement
604604 Deferred Option Plan pursuant to S ection 2-305.2 of this title, then
605605 such member’s disability pension provided pursuant to this
606606 subsection shall be reduced to account for such member ’s
607607 participation in the Oklahoma Law Enforcement Deferred Option Plan.
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659659 F. A member who meets the definition of disability as defined
660660 in paragraph 11 of Section 2-300 of this title and whose disability
661661 is by means of personal and traumatic injury of a catastro phic
662662 nature and in the line of duty, shall receive a monthly benefit
663663 equal to:
664664 1. Two and one-half percent (2 1/2%);
665665 2. Multiplied by:
666666 a. twenty (20) years of service, regardless of the actual
667667 number of years of credited service performed by the
668668 member prior to the date of disability, if the member
669669 had performed less than twenty (20) years of service,
670670 or
671671 b. the actual number of years of service performed by the
672672 member if the member had performed twenty (20) or more
673673 years of service;
674674 3. Multiplied by a final average salary equal to:
675675 a. the salary which the member would have received
676676 pursuant to statutory sa lary schedules in effect upon
677677 the date of the disabil ity for twenty (20) years of
678678 service prior to disability . The final average salary
679679 for a member who performed less than twenty (20) years
680680 of service prior to disability shall be computed
681681 assuming that the member was paid the highest salary
682682 allowable pursuant to the law in effect at the time of
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734734 the member’s disability based upon twenty (20) years
735735 of service and with an assumption that the member was
736736 eligible for any and a ll increases in pay based upon
737737 rank during the entire period. If the salary of a
738738 member is not prescribed by a specific salary schedule
739739 upon the date of the member ’s disability, the fin al
740740 average salary for the member shall be computed by the
741741 member’s actual final average salary or the hi ghest
742742 median salary amount for a member whose salary was
743743 prescribed by a specific salary schedule upon the date
744744 of the member’s disability, whichever fi nal average
745745 salary amount would be greater, or
746746 b. the actual final ave rage salary of the member if the
747747 member had performed twenty (20) or more years of
748748 service prior to disability.
749749 If such member participates in the Oklahoma Law Enforcement
750750 Deferred Option Plan pursuant to Section 2-305.2 of this title, such
751751 member’s disability pension provided pursuant to this subsection
752752 shall be adjusted as provided in Sect ion 2-305.2 of this title to
753753 account for such member ’s participation in the Oklahoma Law
754754 Enforcement Deferred Option Plan.
755755 G. A member who meets the definition of disab ility as defined
756756 in Section 2-300 of this title and whose disability occurred prior
757757 to the member’s normal retirement date but after completing three
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809809 (3) years of vesting service and no t by reason of the performance of
810810 the member’s duties or as a result of the member’s willful
811811 negligence shall receive a monthly benefit equal to two and one -half
812812 percent (2 1/2%) of final average salary multiplied by the number of
813813 years of the member’s credited service.
814814 H. Payment of a disability pension shall commence as of the
815815 first day of the month coinci ding or next following the date of
816816 retirement and shall continue as long as the member meets the
817817 definition of total and permanent disability provided in this
818818 section.
819819 I. For the purpose of determining the member ’s disability under
820820 subsection E, F or G of this section, the member shall be required
821821 by the Board to be examined by a minimum of two recognized
822822 physicians selected by the Board to determine th e extent of the
823823 member’s injury or illness. The examining physicians s hall furnish
824824 the Board a detailed written report of the injury or illness of the
825825 examined member establishing the extent of disability and the
826826 possibilities of the disabled member being returned to his or her
827827 regular duties or an alternate occupation or se rvice covered by the
828828 System after a normal recuperation period. The Board shall requir e
829829 all retired disabled members who have not attained their normal
830830 retirement date to submit to a p hysical examination once each year
831831 for a minimum of three (3) years fol lowing retirement. The Board
832832 shall select a minimum of two physicians to examine the r etired
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884884 members and pay for their services from the fund . Any retired
885885 disabled member found no lon ger disabled by the examining physicians
886886 to perform the occupation of t he member or an alternate occupati on
887887 or service covered by the System shall be required to return to duty
888888 and complete twenty (20) years of service as provided in subsection
889889 A of this section, or forfeit all his or her rights and claims under
890890 Section 2-300 et seq. of this title.
891891 J. The disability benefit under this section shall be for the
892892 lifetime of the member unless such member is found no longer
893893 disabled pursuant to subsection I of this section. Such member
894894 shall not be entitled to the retirement bene fit pursuant to
895895 subsection A of this section unless such member returns to active
896896 duty and is eligible for a retirement benefit as provided in
897897 subsection A of this section.
898898 K. At the postoffer, preemployment physical examination
899899 required under paragraph 6 of Section 2-300 of this title, t he
900900 physician selected by the Board shall determine th e extent to which
901901 a new member is disabled. If a member is determined to be partially
902902 disabled, the physician shall assign a percentage of disability to
903903 such partial disability. If such member then bec omes entitled to a
904904 disability benefit under either su bsection E or subsection G of this
905905 section, the benefit payable shall be reduced by the percentage
906906 which such member was determined to be disabled at the postoffer,
907907 preemployment physical unless the Boar d makes a determination that
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959959 the initially determined percentage of disability at the
960960 preemployment physical examination is unrelated to the reason for
961961 the disability currently sought pursuant to subsection E or
962962 subsection G of this section. Upon employment, the member shall
963963 disclose to the Board any disabi lity payments received from any
964964 source. The amount of disability to be paid to any member cannot
965965 exceed one hundred percent (100%) disability from all sources . The
966966 provisions of this subsection shall a pply only to members whose
967967 effective date of membersh ip is on or after July 1, 2000.
968968 L. In addition to the pension provided for under subsection F
969969 of this section, if the member has one or more children under the
970970 age of eighteen (18) years or under the ag e of twenty-two (22) years
971971 if the child is enrolled f ull time in and is regularly attending a
972972 public or private school or any institution of higher edu cation,
973973 Four Hundred Dollars ($400.00) a month shall be paid from the F und
974974 for the support of each surviv ing child to the member or person
975975 having the care and custody of such children until each child
976976 reaches the age of eighteen (18) years or reaches the a ge of twenty-
977977 two (22) years if the child is enrolled full time in and i s
978978 regularly attending a public or private school or any institution of
979979 higher education.
980980 M. Notwithstanding any other provisions in Section 2 -300
981981 through 2-315 of this title, in order to be eligible to receive
982982 disability benefits, a member who meets the d efinition of disability
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10341034 as defined in paragraph 11 of Section 2-300 of this title shall file
10351035 the member’s completed application for disability benefits with the
10361036 System before such membe r’s date of termination from service and
10371037 provide such additional inform ation that the System’s rules require
10381038 within six (6) months of the System ’s receipt of such application.
10391039 If the member’s completed application for disability benefits is not
10401040 filed with the System before the member’s date of termination from
10411041 service or such additional information as is req uired under the
10421042 System’s rules is not provided within six (6) months of the System’s
10431043 receipt of such application, such member shall be eligible only fo r
10441044 such other benefits as are available to members of the System and
10451045 shall not be eligible to receive any disability benefits. For good
10461046 cause shown, the Board of Trustees may waive the requirement that
10471047 the disability application be filed before the member ’s date of
10481048 termination from service. In no event shall a member be elig ible to
10491049 receive any disability ben efit if the member’s completed application
10501050 is filed more than six (6) months after the member’s date of
10511051 termination from service.
10521052 N. If the requirements of Section 2-305.1C of this title are
10531053 satisfied, a member who, by re ason of disability or attainment o f
10541054 normal retirement date or age, is separated from se rvice as a public
10551055 safety officer with the member’s participating employer may elect to
10561056 have payment made directly to the provider for qualified health
10571057 insurance premiums by deduction from his or her mont hly disability
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11091109 benefit or monthly retirement payment, after December 31, 2006, in
11101110 accordance with Section 402(1) of the Internal Revenue Code of 1986,
11111111 as amended.
11121112
11131113 59-1-481 RD 1/18/2023 8:59:04 AM