RBH No. 7782
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ENGROSSED HOUSE
BILL NO. 1969 By: Newton of the House
and
Montgomery and Coleman of
the Senate
An Act relating to retirement; amending 11 O.S. 2021,
Section 50-112, which relate to the Oklahoma Police
Pension and Retirement System; allowing
municipalities under certain population to hire
certain retired police officers without reentering
system; providing an effective date; and declaring an
emergency.
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 w orking more than
twenty-five (25) hours per week or any person hired by a
participating municipality who is undergoing police training to
become a permanent police officer of the municipality shall
participate in the System upon initial employment with a p olice
department of a participating municip ality. All such persons shall
submit to a physical -medical examination pertaining to sight,
hearing, agility and other conditions the requirements of which RBH No. 7782
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shall be established by the State Board. The person sha ll be
required to complete this physical -medical examination prior to the
beginning of actual employm ent. This examination shall identify any
preexisting conditions. Except as otherwise provided in this
section, a police officer shall be not less than tw enty-one (21) nor
more than forty-five (45) years of age when accepted for membership
in the System. However, if a municipality should be found to be in
noncompliance with the provisions of Article 50 of this title, as
determined 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
shall have authority to deny or revoke membership of any person
submitting false information in such person 's membership
application. The State Board shall have final authority in
determining eligibility for membership in the System , pursuant to
the provisions of this article.
B. The police chief of any participating municip ality may be
exempt from membership in the System or may b ecome a member provided
the member is not a retired member and the requirements of this
section are met at the time of employment.
C. A member of the Syst em who has attained his or her normal
retirement date may, if the member so elects, agree to terminat e
employment and retire as a member of the System and make an election RBH No. 7782
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to receive distributions from th e 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 System,
retirement shall include receipt by such retired member of in-
service distributions from the S ystem.
D. A former member of the System who termina tes from covered
employment and who has nei ther retired from the System nor entered
the Oklahoma Police Deferred Option Plan and is later employed in a
covered position with a participating municipality s hall not be
denied eligibility to become a member of the System because he or
she is forty-five (45) years of age or older. 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 s uch contributions and interest
pursuant to Section 50-111.1 of this title.
E. Notwithstanding any ot her provision of law to the contrary,
a municipality that employs two (2) or fewer full-time police
officers with a population of Four Thousand Five Hundred (4,500) or
less, according to the latest Federal Decennial Census, may employ a
police officer retired police officers who is are more than forty-
five (45) years of age and who has never have participated in the
Oklahoma Police Pension and Retiremen t System, but such police
officer and are receiving retirement benefits. Such officers shall
not be eligible to reenter and participate in the System. Such RBH No. 7782
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police officer shall be counted in the limitation im posed by this
subsection. Notwithstanding any othe r provisions of law, the State
Board shall be granted access to information concerning a list of
actively working police o fficers within the municipalities and
agencies under the purview provided by the Co uncil on Law
Enforcement Education and Training.
SECTION 2. This act shall be come effective July 1, 2023.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
Passed the House of Representatives the 8th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate